Insight

Part IVA checks in: Commissioner prevails in Hilton hotel sale

The Federal Court has dismissed the taxpayer’s appeal in Hilton International Australia Pty Ltd v Commissioner of Taxation (No 2) [2026] FCA 1325 (Hilton), upholding the Commissioner of Taxation’s (Commissioner) application of the general anti-avoidance rule in Part IVA of the Income Tax Assessment Act 1936 (Cth) to the sale of the Sydney Hilton Hotel.

16 September 2026

Insight

Modernising death benefit nominations – the untapped potential of trustee consent

Death benefit distribution has long presented superannuation trustees with a dilemma. SIS binding death benefit nominations[1] (SIS BDBNs) are hard to make, prone to lapsing without being confirmed or remade and there can be unfairness with the death benefit distribution when the member’s personal circumstance change before their death. The death benefit distribution being at the discretion of the trustee can take longer and be more costly to administer.

16 September 2026

Insight

The Nelson Review in action: ESEM draft legislation released

On 11 September 2026, the Energy and Climate Change Ministerial Council (ECMC), excluding Queensland, agreed to release for public consultation a draft regulatory package implementing the core recommendations of the independent review of the NEM wholesale market settings (the Nelson Review). The package comprises amendments to the National Electricity Law, detailed in a Bill (Bill) and amendments to the National Electricity Rules, along with an accompanying consultation paper.

15 September 2026