-
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.
-
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…
-
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…
-
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.
-
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).
-
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…
-
Can a unit trust be wound up by the oppression remedies
The Corporations Act 2001 (Cth) (Corps Act) grants the Courts the power to award remedies under section 233, specifically designed to address situations of oppression within corporate entities under section 232. These remedies, also known as the “Oppression Remedies”, aim to resolve situations where a company’s conduct unfairly prejudices its members or shareholders. While primarily…
-
Business Lawyer
Business Lawyer, commercial and contracts and advisory lawyer, 4-10 years PAE, and $ negotiable performance based, depending on experience.
-
Directors’ obligations to comply with Accounting Standards
Directors are personally liable for ensuring their company operates in accordance with corporate governance and accounting standards. Obligations contained in part 2M.2 and 2M.3 of the Corporations Act 2001 (Cth) (Corporations Act) outline obligations for companies to keep financial records and prepare annual financial and director’s reports. Sections 180 and 344 of the Corporations Act…
Commercial law
Make an enquiry
