Intelligence

ASIC's 2026-27 Corporate Plan identifies non-bank small business lending practices as a regulatory focus area, particularly concerning unfair contract terms in standard form agreements. This article examines five common clauses in SME loan agreements that may expose lenders to enforceability challenges and regulatory action, drawing on recent court decisions to illustrate key UCT risks.

Access to this content requires browser cookies to be enabled. The page provides instructions for users to check their browser settings and enable cookies if they are currently disabled in order to view the requested information.

Australia's M&A market demonstrated resilience throughout FY2025-26, with quality assets attracting strong investor interest despite geopolitical uncertainty and cautious financing conditions. Middle-market activity remained steady, private capital continued to shape dealmaking, and foreign investors showed particular interest in healthcare, technology, and energy sectors. What factors will drive transaction activity in 2027, and how can businesses position themselves to capitalize on emerging opportunities

Every CEO casts a succession shadow that can inadvertently shape the search for their replacement. This article examines how boards can avoid the trap of hiring based on past performance rather than future needs...

A contractor agreement determines who pays when work goes wrong. Independent contractors carry their own commercial risk, unlike employees, so the agreement allocates that risk in detail. Liability commonly arises from breach of contract, intellectual property infringement, and breaches of confidentiality. Indemnities, liability caps and insurance requirements are the three tools that allocate it. Australian law puts limits on that allocation. Consumer guarantees under the Australian Consumer Law apply automatically, and no contract can exclude them.

In her 2026 Bathurst Lecture at the Supreme Court of NSW, Honey, I Shrunk the Director Pool, Rebecca Maslen-Stannage, Chair and Senior Partner at HSF Kramer, explores a critical question for Australia's public markets...