Our latest insights

In July 2025, we wrote about the Federal Court’s decision in S.N.A Group Pty Ltd v Commissioner of Taxation [2025] FCA 240, which was widely seen as a ‘commercial reality’ endorsement for inter entity service fee arrangements in closely held groups – where documentation is known to be imperfect.

The AUSTRAC AML/CTF Starter Programs provide a structured pathway to achieving AML/CTF compliance that will significantly reduce the effort and cost of AML/CTF compliance for entities required to meet AML/CTF obligations under Tranche 2.

From the introduction of Pillar Two to increased debt deduction limitations and public reporting obligations, the international tax landscape is shifting rapidly.

ATO expands reportable tax position (RTP) reporting to large CIVs and super funds – what it means and how to prepare.

The Full Federal Court has handed down its decision in AusNet Services Limited v Commissioner of Taxation. AusNet argued that its 2015 restructure did not qualify for rollover relief under Division 615, despite that it earlier said it did. This case serves as a reminder that once a tax election is made, it is very difficult to unwind. Careful planning and forecasting are critical.

Australia’s new thin capitalisation rules significantly impact businesses with foreign ownership or offshore operations. If your business has debt deductions (such as interest deductions and borrowing costs) of more than A$2m, tax deductions could be denied under the primary ‘earnings tests’ (particularly if your EBITDA is low or negative due to early-stage losses, especially common in sectors like infrastructure and technology). To manage the above risk, the legislation offers an alternative test: the Third Party Debt Test (TPDT).

The Federal Court’s $5.8M ACL decision signals a new era for privacy, cybersecurity, and governance in Australia. It reinforces that privacy and cyber obligations start Day 1 of any acquisition, governance failures will be scrutinised, and accountability cannot be outsourced. Boards must ensure robust oversight, deep cyber due diligence, and forensic incident response. With OAIC escalating regulatory enforcement, organisations face heightened legal, financial, and reputational risks.

In June this year, APRA published its eight proposed changes to its governance prudential standards. We have summarised APRA’s updated/clarified position and provided guidance on some steps that boards should be doing to prepare for the revised standards.

ASIC Commissioner Alan Kirkland outlines key regulatory priorities in the credit sector, focusing on responsible lending, dispute resolution, and protecting vulnerable consumers from misconduct.

In October, APRA Executive Board Member Suzanne Smith delivered a speech at the ICA Conference 2025. In her speech, Suzanne Smith urged the insurance industry to embrace resilience, innovation, and leadership as core pillars to future proof the industry, at a time of heightened scrutiny around operational resilience, consumer trust, and the evolving risk landscape driven by climate change and artificial intelligence.

The AML Reforms introduce the concept of a 'reporting group'—a flexible model that allows both related and unrelated entities to manage and mitigate ML/TF risks under a single, comprehensive AML/CTF Program.

The introduction of Value Transfer Service obligations under Australia’s AML/CTF reforms significantly broadens the scope of compliance requirements, affecting a wide range of businesses and requiring new processes, technology, and training.