CPS 230 Compliance for Service Providers: Selling to Banks and APRA-Regulated Entities
Prudential Standard CPS 230 came into effect on 1 July 2025, reshaping how banks, insurers and superannuation funds manage operational risk and third-party arrangements. While the standard applies directly to APRA-regulated entities, its impact is being felt across the broader financial ecosystem. Regardless of whether you are a cloud, data-processing, IT vendor, payments provider or other professional services firm, if you provide material services to an APRA-regulated entity, CPS 230 will affect you. Read on to see how you may need to adjust the way you present your services, respond […]
Share Buy-Backs for Private Companies: A Practical Guide for Australian Business Owners
Thinking about running a share buy-back in Australia? Whether you’re buying out a departing founder, simplifying your cap table, or returning capital to investors, a well-run buy-back can be a smart strategic move – provided you follow the legal steps carefully. Our corporate lawyers help Australian private and unlisted companies plan, structure and complete compliant share buy-backs from start to finish. Here’s what you need to know about the process, required documents, approvals, and timing. What is a Share Buy-Back? A share buy-back is when a company buys its own […]
Climate Reporting Has Arrived – Here’s What It Means for SMEs
Australia’s climate reporting framework is undergoing a significant transformation, with mandatory disclosure requirements for large entities in effect as of 1 January 2025. Reporting obligations for second phase reporting entities will come into scope from 1 July 2026, followed by smaller reporting entities from 1 July 2027.[1] While climate reporting laws[2] don’t directly apply to small and medium enterprises[3] (SME), the ripple effects are likely to be significant – and for some, game-changing. No Direct Obligation – But That’s Not the Whole Story SMEs are not directly subject to the […]
How Listed Entities are Falling Foul of the New ESS Regime
ASX entities who rely on Listing Rule exemptions to issue securities under their employee incentive schemes, and who also rely on the streamlined disclosure requirements in Division 1A of Part 7.12 of the Corporations Act may be inadvertently in breach of the provisions of the new employee share scheme regime (ESS Regime). Falling foul of the ESS Regime may result in a listed entity committing various breaches of, or offences under, the Corporations Act, and can lead to personal liability for certain persons, including directors. One of the requirements of […]
Embrace Change: Why You Need to Update Your Australian Employee Share Option Plan
If you haven’t updated your employee share plan yet, now is the time to act. On 1st October 2022, significant amendments to the Corporations Act came into effect, altering the regulations governing employee share schemes (ESS) in Australia. These changes were designed to make it easier for startups and other businesses to attract and retain top talent by reducing the red tape and streamlining the regulatory requirements relating to the disclosure, licensing, advertising, anti-hawking, and on-sale requirements of shares, options and incentive rights offered under employee share plans. In this […]
Shareholders Agreements: Seven Key Points Startups and Scaleups Should Consider
A Shareholders Agreement is crucial for most startups and scaleups, as well as many other companies. Here are seven key things startups and scaleups should consider when are thinking of putting a Shareholders Agreement in place: What stage is your company at? If your company has only one shareholder then you may be jumping the gun by putting a Shareholders Agreement in place. However, if you are about to apply for a grant or you are looking for (or have) potential seed or series A investors, a Shareholders Agreement may […]
Essential Components of Non-Disclosure Agreements for Australian Startups and Scaleups
A non-disclosure agreement (NDA) is a vital legal document that establishes confidentiality obligations between two parties regarding specific types of information. In the Australian startup industry, NDAs are commonly utilised in various scenarios, including in pre-contractual negotiations, employment relationships, contractor agreements, and governance documents for board members. These agreements ensure that individuals involved in the startup have access to sensitive information while protecting your confidential data. This blog outlines seven of the key elements to include in an NDA to ensure its effectiveness and compliance with Australian legal requirements. Definition […]
How will the upcoming changes to unfair contract laws impact startups and scaleups?
Significant changes to unfair contract terms laws (UCT) come into effect on 9 November 2023. These changes will affect businesses of all sizes, including startups and scale-ups that use standard form contracts when dealing with consumers or small businesses. The new unfair contract term laws are found in two different pieces of legislation – the Australian Consumer Law (ACL)[1], and the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act). The nature of the goods and services you supply as a startup (or other business) partially determines which piece […]
Welcome to Adventum Legal!
After many years of being asked by clients – “when are you starting your own thing” I decided to take the plunge. It wasn’t an easy decision, I’ve been very happy in the firms I’ve worked with. But like my entrepreneurial clients I’ve always had an inner drive to create my own startup. So I created Adventum Legal. Adventum means “Adventure” in Latin. Why “adventure”? Well everyone who creates their own business embarks on their own journey and I am no different. But this firm isn’t really a startup. As […]