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Wayne Smith

Special Counsel
  • Solicitor
  • Member of Law Society
  • CPA
Practice Areas
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Wayne’s background at KPMG provides a strong foundation in corporate operations and business processes.

He specialises in lcomplex commercial cases, achieving favourable outcomes in litigation.

His practice spans corporate and commercial law, equity structuring, employment, trusts, tax, logistics, procurement, and franchising, enabling him to deliver comprehensive legal solutions that help clients navigate complex legal environments and protect their interests.

Publications

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How Minority Shareholders Use Oppression Remedy?
Wayne Smith4 October 2025
Minority shareholders are not powerless under Australian law. The Corporations Act allows courts to grant strong remedies where conduct is unfair or oppressive. Knowing when these remedies apply can help achieve a meaningful exit or correction.
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Intellectual property ownership in employment contexts
Wayne Smith12 August 2025
Under Australian law, the default rule is that intellectual property created by an employee during the course of their employment belongs to the employer. However, the boundaries of "during the course of employment" are frequently contested, particularly in the age of remote work and side projects. Understanding the nuances of the Copyright Act 1968 and the specific terms of an employment contract is vital for both businesses protecting their intangible assets and employees pursuing creative endeavours outside their primary roles.
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Blog & News

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Guide to Commencing Civil Litigation in Australia
Louisa Liu5 February 2026
Commencing civil proceedings in Australia may involve a series of complex legal procedures, court rules and strict time limits. Whether the matter concerns a contractual dispute, a property dispute or a personal injury claim, understanding how to properly initiate legal proceedings is crucial. This guide provides a clear explanation of the litigation process, highlights key risks and practical considerations, and helps you effectively commence a civil claim within the Australian legal framework to achieve the best possible outcome.
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Company Directors’ Duties and Personal Liability, What You Should Know
Siwen Zhang4 February 2026
Being a company director in Australia involves far more than strategic decision making. Legal duties apply continuously and can expose directors to personal liability, particularly when financial pressure emerges. Understanding these risks early allows business owners to make informed decisions before options narrow.
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Navigating Property Settlement: Understanding the Four-Step Process in Australian Family Law
Johnny Zheng1 February 2026
Property settlement in Australian Family Law is not a simple 50/50 split. For business owners and high-net-worth individuals, understanding the statutory "Four-Step Process" is essential to protecting assets and ensuring a fair distribution. By examining every stage from asset pool valuation to future needs adjustments, you can gain clarity and control over your financial future, avoiding the pitfalls of protracted litigation and ensuring a stable foundation for your next chapter.
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Joint Tenancy vs Tenancy in Common: Understanding Co-ownership in Australia
Jia Guo14 January 2026
When two or more people purchase property in Australia, the legal structure of their ownership significantly impacts their rights to the property and what happens to it after they pass away. Choosing between Joint Tenancy and Tenancy in Common is not merely a paperwork formality; it is a critical decision that affects estate planning, tax obligations, and the ability to sell or mortgage the asset. Understanding the "right of survivorship" and the flexibility of defined shares is essential for any co-owner.
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