Australia's Upcoming ACCC Merger Regime: Preparing for Mandatory Notification from 1 January 2026
1 January 2026 marks the commencement of Australia’s new mandatory and suspensory merger control regime. From 1 January 2026, acquisitions that meet the specified monetary thresholds must be notified to the Australian Competition and Consumer Commission (ACCC) , with clearance required before completion. This introduces statutory review periods that will significantly extend timelines for many transactions. Transactions requiring rapid execution—such as opportunistic opportun
Registering a Foreign Company in Australia: Expert Guidance for International Businesses (2026)
Australia’s stable economy, transparent regulatory environment, and strategic location in the Asia-Pacific continue to attract overseas companies seeking to register a foreign company in Australia or expand operations. For many international businesses, the most efficient way to commence trading without creating a new local entity is to register as a foreign company (commonly known as a branch) with the Australian Securities and Investments Commission ( ASIC ). At Opportuna L
AUSTRAC regulatory expectations for the implementation of the AML/CTF reforms
AUSTRAC has released a statement of regulatory expectations to support businesses to implement the changes under the AML/CTF reforms. The reforms to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) will commence on 1 July 2026 for tranche 2 entities being businesses in the legal, accounting professions, real estate and jeweller industries. For businesses currently regulated the reforms will commence on 31 March 2026. For those businesses who w


Understanding Directors' Duties
Legal Responsibilities in Corporate Governance Directors of companies have significant legal responsibilities. Specific duties apply to directors in carrying out their role. Who is a Director? The Corporations Act states that a “director”, is a person who is appointed to the position of a director (or alternate director) or someone acting in the position of director. The Role of Directors The primary responsibilities of directors include strategic decision-making, oversight
Updated draft AML/CTF Rules
The Australian Transaction Reports and Analysis Centre's (AUSTRAC) second public consultation on the new AML/CTF Rules is now open for submissions. The updated draft AML/CTF Rules address feedback AUSTRAC received in the first round of consultation including: broadening the range of circumstances where a delay in initial customer due diligence is allowed clarity in forming reporting groups and determining the lead entity the travel rule, that is, the requirement for informati


Changes to customer due diligence requirements under the Second Exposure Draft AML/CTF Rules
Changes arising in the Second Exposure Draft AML/CTF Rules (ED2 Rules) include changes to customer due diligence including some relaxation on the timing of due diligence involving low risk trusts and deemed compliance in mergers and acquisitions. Substantial updates to the ED2 Rules include: The requirement for collection and verification of place of birth for individuals has been removed. Delayed verification for reporting entities for designated services in relation to bene
ASDEFCON Updates
“Defence procurement must change to meet the strategic circumstances outlined in the DSR and to ensure Australia reaps the full benefits of the opportunities presented by the construction of Australia’s nuclear powered submarines (SSN-AUKUS). We will simplify Defence’s approach to contracting, increase its risk appetite, and shorten the time it takes to receive project and contract approvals, to deliver capability at speed while maintaining appropriate levels of governance” D


Company books: Access for shareholders
Outlines the options available to shareholders to access company books.


Shareholders’ agreements and company constitutions: A case of no inconsistency
Cody v Live Board Holdings Limited demonstrates that a shareholders’ agreement with an inconsistency clause, will not automatically take pre


ASDEFCON - Defence Takes a New Approach
In this article we set-out the categories of material, the ownership and licensing regime and attempt to distil complex topics into a brief




