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White-Anting: An employer’s lawful termination guide
Employees who use White Anting tactics to deliberately undermine management or disrupt workplace harmony may be summarily dismissed, provided the relevant legal conditions are met and a proper process is followed. Following our 28 April 2026 article “White Anting: serious misconduct?“, this article provides practical “how to” steps for employers to lawfully dismiss employees who…
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White Anting: serious misconduct?
White Anting is an Australian term meaning to sabotage, undermine, or destroy an organisation, project, or person from within. White Anting in the workplace often involves the quiet, insidious undermining of a colleague or superior through gossip, withholding information, exclusion, or spreading doubt. White Anting has been recognised by psychologists as a psychosocial hazard and…
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ACCC publishes guidance on cash acceptance industry codes
From 1 January 2026, new cash acceptance obligations have commenced under industry codes applying to supermarkets and fuel retailers, overseen by the Australian Competition and Consumer Commission (ACCC). In March 2026, the ACCC published guidance on these newly enforced regulations, reminding retailers to consider their obligations before penalties apply on 1 July 2026.
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Franchisors must provide franchisees a reasonable opportunity to make a ROI
Recent reforms to the Franchising Code of Conduct introduced a new obligation requiring franchisors to give franchisees a reasonable opportunity to make a return on their investment (ROI). This change reflects concern that some franchise arrangements required franchisees to make substantial upfront investments without a realistic opportunity to make a return on this investment.
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Valuing ESS Interests
A company, whether listed or unlisted, can grant its employees an interest in its equity (ESS Interest), including through an employee share scheme (ESS) or employee share option plan (ESOP). There are restrictions contained in both the Corporations Act 2001 (Cth) (Corporations Act) and Income Tax Assessment Act 1997 (Cth) (ITAA) that determine the price…
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ESS vs ESOP – what’s the difference?
Employee share schemes (ESS) and employee share option plans (ESOP) are commonly used by corporations to incentivise employees and align performance with company growth by providing them with an interest in the company. While the terms are often used interchangeably, they have distinct legal and structural differences under Australian law. This article explains the key…
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Disputed ESOP – Selak v National Tiles Co Pty Ltd
In the case of Selak v National Tiles, the Vic Supreme Court considered whether a company breached an option agreement governed by the terms of an Employee Share Option Plan (ESOP) by requiring an option holder to execute an undisclosed shareholders’ agreement as a condition of exercising vested options.
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Bill to allow victims of AI deepfakes to sue for emotional damages
On 24 November 2025, Senator David Pocock introduced a private Senator’s bill, the Online Safety and Other Legislation Amendment (My Face, My Rights) Bill 2025 (Cth) (Bill) to amend the Online Safety Act 2021 (Cth) (Online Safety Act) and the Privacy Act 1988 (Cth) (Privacy Act).
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Malcolm Burrows on ABC’s “Legal Eagles” segment – Deepfakes
On 3 December 2025, Malcolm Burrows appeared live on Katherine Feeney’s ABC Radio program, “Legal Eagles” as the Technology and Intellectual Property Lawyer to discuss the proposed amendments to the Online Safety Act 2021 (Cth) through the introduction of the Online Safety and other legislation Amendment (My Face Rights) Bill (Cth) 2025 (My Face Rights…
Commercial law
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