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What is an unrealised capital gain?
An unrealised capital gain refers to an increase in the value of an asset that has not yet been sold or disposed of. In Australia, capital gains are taxed on assets which have increased in value when they are sold and the gain is realised, however the proposed Treasury Laws Amendment (Better Targeted Superannuation Concessions)…
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Scam Prevention Framework – issues for businesses
On 13 February 2025, the Australian Parliament passed the Scams Prevention Framework 2025 (Cth) (Act) in response to the national “scam pandemic” that has purportedly cost the country billions of dollars over the past few years. The Act amends the Competition and Consumer Act 2010 (Cth) (CCA) and other related Acts. The amendments to the…
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Labor plan to abolish non-compete clauses from 2027
On 25 March 2025, the Albanese Labor government announced in its 2025-26 Budget (Budget), that it intended to abolish non-compete clauses in employment contracts for approximately three (3) million workers from 2027.
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Understanding contributory liability for patent infringement
In Australia, the Patent Act 1990 (Cth) provides protection for inventors by preventing others from using, making, or selling patented inventions without permission. The Act also extends liability to parties that are not directly infringing patents but may contribute to or enable patent infringement by supplying a product.
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Shareholders’ right to inspect books under s 247A Corporations Act
A shareholder of a company can apply to the Court seeking an order that it be provided with access to the company’s books and records under certain circumstances, provided that the shareholder is acting in good faith and seeking inspection for a proper purpose.
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Point in time valuation and minority shareholder oppression
Shareholder oppression, or minority shareholder oppression, is generally thought to occur when the majority shareholders misuse their power to oppress or control the minority.
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Damages for competitor misleading conduct under the ACL
Section 236 of the Australian Consumer Law (ACL) entitles any person, including corporations – to claim compensation for loss or damage suffered from misleading or deceptive conduct. The High Court has developed numerous general principles for assessing loss or damage which we will discuss in this article.
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Federal parliament passes cyber security laws
On 25 November 2024, the Australian Parliament passed a suite of legislation, collectively referred to by the Australian Government as the Cyber Security Legislative Package 2024. The purported impetus for this legislation was a series of high-profile data breaches in 2022 and 2023.
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Changes to the Franchising Code of Conduct
The current Franchising Code of Conduct (Old Code) is scheduled to “sunset” (meaning it will automatically expire unless extended or replaced) on 1 April 2025, with the Competition and Consumer (Industry Codes–Franchising) Regulations 2024 (Cth) (New Regulations) coming into effect on the same date.
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