Posts tagged Suzanne Howari
Government announces changes to Ancillary Funds (Giving Funds)

The Australian Government has announced reforms aimed at increasing philanthropic funding to charities. The changes focus on Giving Funds (currently referred to in the tax law as ancillary funds) and form part of the Government’s response to the Productivity Commission’s Future Foundations for Giving report and the Not‑for‑profit Sector Development Blueprint.

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Updates to Australia’s New Merger Control Regime

On 18 December 2025, the Government released significant amendments to the new merger control regime through the Competition and Consumer (Notification of Acquisitions) Amendment (20205 Measures No.1) Determination 2025 (Determination).  These changes affect when businesses must notify the ACCC of acquisitions and introduce a range of new exemptions and updated thresholds under the new merger control regime which came into force on 1 January 2026, with some changes commencing on 1 April 2026.

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ASIC Has Removed Director Addresses from Public Searches - Here’s What Still Matters

ASIC has stopped displaying directors’ residential addresses in public company extracts. A positive step for privacy, but an easy one to misinterpret.

Directors still need to keep their address details accurate with ASIC. If the address is wrong, the risk of missing critical correspondence remains unchanged.

A small regulatory tweak, but one with practical flow‑on effects for compliance and contracting processes.

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Government announces changes to the new mandatory Merger Control Regime

On 15 October 2025, the Federal Government announced proposed changes to the new mandatory Merger Control Regime commencing on 1 January 2026.

Under the current framework, failure to properly comply with the new mandatory Merger Control Regime will automatically void a transaction. The Government has indicated that it plans to amend these automatic voiding provisions while still maintaining incentives for compliance with the mandatory notification requirements.

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Mandatory Merger Notifications Are Coming

Australia’s new mandatory merger control regime is on the horizon. From 1 January 2026, certain transactions must be notified to the Australian Competition and Consumer Commission (ACCC) and cleared before completion.

A voluntary opt-in period is now open and runs until 31 December 2025. This is a critical window to plan ahead.

These changes represent the most significant shift in Australian merger control in decades. Proactive planning will be critical to avoid costly delays and surprises.

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When the bargain isn't worth it - Dell fined $10 million for misleading consumers about discount prices

On 14 August 2023, the Federal Court ordered Dell Australia Pty Ltd, a wholly owned subsidiary of US-based technology provider Dell Technologies Inc, (Dell) to pay a $10 million penalty for making misleading representations on its website about discount prices for add-on computer monitors.

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Directors and officers be warned! Don't be the next Star example

ASIC has provided a stark reminder to directors and officers that they can be held personally liable for company conduct after ASIC commenced proceedings in the Federal Court against 11 current and formers directors and officers of The Star Entertainment Group Limited (Star).

ASIC is seeking penalties which attract a maximum fine of $1.05 million per breach as well as declarations and disqualification orders against the Star directors and officers.

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Get it right or pay the (much higher) price! Increased penalties for Competition and Consumer Law breaches and new penalties for Unfair Contract Terms

Parliament has now passed the much anticipated changes to competition and consumer laws which means businesses will now face higher penalties for beach of competition and consumer laws and new penalties for unfair contract terms.

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NSW duties net substantially expanded

Do you need to pay duty on transactions that were not previously dutiable in NSW? From 20 May 2022, the answer could be yes.

From 20 May 2022, the New South Wales duties net has been considerably widened. While the scope of the changes is not yet fully known, it is clear that duty is now imposed on transactions that were not previously dutiable in New South Wales:

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