Insight
The FWC’s Fuel Cost Recovery Order is coming back
In July 2026 an Expert Panel of the Fair Work Commission (the Expert Panel) determined that given the then drop in national diesel prices, and despite the obligations imposed on primary and secondary parties under the Road Transport Contractual Chain Order – Fuel Cost Recovery – 2026 (RTCCO) having already ceased as a result, the RTCCO itself would nonetheless live on.
22 October 2026
Insight
“Not an empty verbal formula” – the Federal Court imposes a civil penalty for failing to observe utmost good faith
The duty to act with utmost good faith is a foundational principle of insurance in Australia. An insurer’s failure to comply with that duty is a contravention of s 13(2A) of the Insurance Contracts Act 1984 (Cth) (ICA) and can attract civil penalties.
21 October 2026
Insight
Civil penalties to take root in NSW planning laws
The NSW Government is proposing to add civil penalty proceedings to NSW planning laws, following the introduction of civil penalty proceedings for NSW water laws last year.
21 October 2026
Insight
ASIC’s supervisory priorities for 2026-27: a clear focus for the year ahead
ASIC has announced its sector-specific supervisory priorities for 2026-27, signalling its focus areas, expectations of industry and the potential targets of future enforcement action.
21 October 2026
Insight
Australia sets the standard: The next step in digital asset reform implementation and tax transparency
On 15 October 2026, ASIC released Consultation Paper 392 Digital asset law reform implementation: Proposed standards and guidance (DAF Consultation Paper).
20 October 2026
Insight
Track Maintenance Down South: SA Introduces Miscellaneous Amendments to the Rail Safety National Law
On 14 October 2026, the South Australian Minister for Infrastructure and Transport tabled the Rail Safety National Law (South Australia) (Miscellaneous) Amendment Bill 2026 in South Australian Parliament
20 October 2026
Insight
Patent trends and the continuing strength of the Australian health tech sector
IP Australia has released its 14th annual Australian IP Report 2026 relating to intellectual property activity in 2025. In this article, we focus on trends in patent filings and the investment in patent protection. While overall patent filing volumes have stabilised, the standout story is the continuing strength of Australia's life sciences and health technology sector. Pharmaceuticals, medical technology, and biotechnology together account for one-third of all patent filings, and the sector's global significance continues to grow, accompanied by record biotech M&A activity as major pharma companies race to head off looming patent cliffs.
15 October 2026
Insight
Fixed election, floating duty? The stamp duty questions on the discretionary trust changes
On 3 September 2026, the Albanese Government released draft legislation for the new minimum 30% tax on discretionary trusts (trust distributions and capital gains) announced in the May Budget (see Mallesons Tax Alert on Discretionary Trusts here).
14 October 2026
Insight
Draft TCP Standard: A significant change is coming for Australian CSPs
On 29 September 2026, the Australian Communications and Media Authority (ACMA) released the consultation draft of the Telecommunications (Consumer Protections) Industry Standard 2026 (Draft TCP Standard). The final version of this Standard will ultimately replace the existing industry code, C628:2019 Telecommunications Consumer Protections Code (TCP Code).
14 October 2026
Insight
The Price isn’t Right: Rethinking Risk in Construction Pricing
The prevailing approach to construction contracting used to be relatively straightforward: developers wanted price certainty, and contractors provided it by agreeing to deliver for a fixed price.
08 October 2026
Insight
Will you be ready on 1 January 2027 for Common Reporting Standard 2.0 and the Crypto-Asset Reporting Framework?
All financial institutions subject to the Common Reporting Standard (CRS) should now be implementing updated processes and systems to be ready to comply with CRS 2.0 from 1 January 2027.
08 October 2026
Insight
Shareholder disputes in closely-held companies: Where claims fall short of oppression
In many cases, closely-held corporations entail family or personal relationships, and the breakdown of these relationships can give rise to particular difficulties. The oppression remedy is commonly pleaded in the resolution of these disputes, particularly where shareholders are also involved in the management of the company.
06 October 2026
Insight
Progress Update on Freight Policy Reform in NSW
In June 2025, the NSW Government embarked on its highly anticipated Freight Policy Reform Program, aiming to futureproof the state’s freight network in light of challenges posed by population growth, decarbonisation and changing technologies.
02 October 2026
Insight
What to do when the TGA knocks again: proposal to suspend or cancel
The call comes from your regulatory affairs team: the Therapeutic Goods Administration (TGA) has finished its investigation into your medical device and issued a proposal to suspend or cancel it from the Australian Register of Therapeutic Goods (ARTG). The stakes have escalated. What now?
01 October 2026
Insight
Adopting artificial intelligence? Ethics and good governance are critical
As generative artificial intelligence (AI) continues to be adopted at exponential rates, the key question for directors, senior business leaders and legal teams is no longer whether we should adopt it, but rather, how do we ethically and strategically implement and use it?
29 September 2026
Insight
Lessons in Optimism
The Supreme Court of New South Wales delivered judgment on 30 June 2026 in proceedings brought by ASIC concerning profit guidance issued by Regional Express Holdings Ltd (Rex).
29 September 2026
Insight
The ‘lived experience’ of whistleblower programs: implications for directors
Australia's corporate whistleblower regime is at a key inflection point, with Treasury's statutory review now underway, the courts starting to shape the boundaries of whistleblower protections and liability and an intensified public focus on the management of complex whistleblower matters.
29 September 2026
Insight
2026 AGM season lessons so far
Shareholder dissent at 2026 AGMs held so far has been selective. Most board-supported resolutions have passed, but some remuneration votes, director elections and incentive grants have attracted comparatively greater opposition.
29 September 2026
Insight
ASIC v Noumi (No 7): CEO liability decision
In July this year, the Federal Court (Jackman, J) delivered its judgment in relation to ASIC’s allegations that the former Managing Director and CEO of Noumi Limited (formerly called Freedom Foods Limited) breached various provisions of the Corporations Act in relation to statements in the Noumi accounts for the 2019 financial year and the first half of the 2020 financial year.
29 September 2026
Insight
Governance reform: Mallesons’ submissions on ASX and APRA proposals
ASX and APRA are each undertaking significant governance reform processes, with ASX consulting on a draft fifth edition of the ASX Corporate Governance Principles and Recommendations and APRA consulting on draft Prudential Standard CPS 510 Governance.
29 September 2026