Articles

Legal insights, analysis and publications from Astris Law.

Insights21 March 202619 min

Australia Finally Has a Privacy Tort

For most of Australia’s legal history, if someone violated your privacy, the law largely shrugged. That has now changed, in two significant steps: a County Court judgment in 2024 and landmark legislation that came into force on 10 June 2025. This article analyses the key cases, the statutory framework and where things are likely to go next.

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Open Letter18 March 202610 min

An Open Letter to Clients Who Ask Me to Review Their AI Document

If you have been sent this article, it is probably because you asked a lawyer to simply review or clean up a document that an AI generated for you. This letter explains, plainly and publicly, why that request is more complicated than it sounds.

Publication8 March 202618 min

Reforms to the ASCR Following AML Tranche 2 Reforms

The Law Council proposes amending Rule 8 to accommodate AML/CTF obligations. We submit that if Rule 8 is amended, Rule 12 must also be addressed and that the deeper question is whether ethical rules should bend to match new legislation or whether the legislation should be measured against the ethical framework it displaces.

Publication6 March 202628 min

What Happens to Australian Businesses if War Breaks Out?

What happens legally if war breaks out and Australian supply chains break down? From force majeure and sanctions to insurance, employment law and directors’ duties, this article examines the key areas of Australian commercial law engaged when geopolitical conflict disrupts trade.

Publication4 March 20269 min

Can Creditors Sue Directors? A Guide to Creditor Rights Against Directors in Australia

Directors owe their duties to the company, not to creditors - but that does not mean creditors are powerless. From insolvent trading claims under s 588M to the ‘zone of insolvency’ doctrine, there are several pathways through which creditors can pursue directors personally. This article examines each one.

Insights25 February 202611 min

AUSTRAC Free Starter Kits: How Did They Rate?

We assessed the AUSTRAC free starter kits against the mandatory requirements in the AML/CTF Act 2006 and AML/CTF Rules 2025. Overall they rate well. Here is what they got right and where they fell short.

Publication24 February 202611 min

Debt Recovery in Queensland: The Process from Demand to Enforcement

Recovering unpaid debts in Queensland involves different legal pathways depending on whether the debtor is a company or an individual, and whether your contract gives you the right to bypass the standard process entirely. This article maps the full recovery framework across Queensland state courts, federal courts and contractual enforcement mechanisms.

Publication20 February 20265 min

Shareholder Disputes and Oppression Remedies under the Corporations Act

When shareholders fall out, the Corporations Act provides powerful remedies through the oppression provisions in sections 232 to 235. This article explains what constitutes oppressive conduct, the remedies available and how courts approach these disputes.

Insights19 February 202612 min

Urgent Injunctions in Australia: When You Need the Court to Act Fast

A comprehensive, practical guide to urgent injunctions in Australian commercial disputes, covering ex parte applications, freezing orders, search orders, the Beecham test, and step-by-step UCPR procedure in Queensland.

Publication14 February 20265 min

Unfair Contract Terms: What Australian Small Businesses Need to Know

Since November 2023, unfair contract terms in standard form contracts are not just voidable - they are unlawful and attract significant penalties. This article explains the expanded protections under the Australian Consumer Law for small businesses.

Publication11 February 20265 min

Franchise Agreement Pitfalls: What Australian Franchisees Should Know

Buying a franchise involves significant legal and financial commitments. This article examines the Franchising Code of Conduct, mandatory disclosure requirements, common contractual pitfalls and protections available to Australian franchisees.

Publication10 February 20265 min

Commercial Lease Disputes in Queensland: Tenant and Landlord Rights

Commercial lease disputes are among the most common property-related matters in Queensland. This article covers the Retail Shop Leases Act 1994, common dispute triggers, QCAT jurisdiction and practical strategies for landlords and tenants.

Insights5 February 20268 min

Starting a Business in Queensland: The Complete Legal Checklist

A practical legal checklist for starting a business in Queensland, covering business structures, registration, essential legal documents, employment obligations, insurance, intellectual property and regulatory compliance with current figures.

Publication4 February 20265 min

Statutory Demands under the Corporations Act: What You Need to Know

A statutory demand is one of the most powerful debt recovery tools available to creditors in Australia. Understanding the strict timeframes and requirements under sections 459E to 459J of the Corporations Act is essential for both creditors and debtor companies.

Publication3 February 20265 min

Protecting Intellectual Property for Australian Startups

For startups, intellectual property is often the most valuable asset. This article covers trademarks, patents, copyright, trade secrets and practical strategies for protecting IP from day one under Australian law.

Publication27 January 20265 min

Privacy Act Compliance for Australian Businesses: APPs, Data Breaches and Penalties

The Privacy Act 1988 imposes obligations on Australian businesses regarding the collection, use, storage and disclosure of personal information. With the Notifiable Data Breaches scheme and increasing OAIC enforcement activity, compliance has never been more important.

Insights20 January 20266 min

What's in a Name? Digital Real Estate and the Value of Digital Naming Rights

For decades there has been a quiet trend of market competition that few people understand. While Hans Christian Andersen's fable of 'the Emperor Has No Clothes' describes a conspicuous absence that everyone pretends not to see, digital naming rights are about an inconspicuous presence that only savvy players see, while everyone else is none the wiser.

Publication17 January 20265 min

Security of Payment in Australian Construction: Contractor Rights and Adjudication

Security of payment legislation exists in every Australian state and territory to protect contractors and subcontractors from non-payment. This article explains the adjudication process, payment claim requirements and key differences across jurisdictions.

Insights14 January 20269 min

Employment Law for Employers: 10 Mistakes That Cost Brisbane Businesses

The 10 most common and costly employment law mistakes Australian employers make, with specific legislation, penalty figures, recent case law and practical steps to avoid each one.

Publication8 January 20265 min

PPSA Priority Rules: How Security Interests Rank in Australia

The Personal Property Securities Act 2009 (Cth) establishes a complex priority framework that determines which secured creditor prevails when multiple security interests attach to the same collateral. Understanding these rules is essential for any business that extends credit or takes security.

Insights7 January 20269 min

How Much Does a Commercial Lawyer Cost in Brisbane?

A detailed breakdown of commercial lawyer fees in Brisbane, including hourly rates by seniority, fixed-fee examples, retainer models, and practical tips for getting the most value from your legal spend.

Publication30 December 20256 min

Non-Compete and Restraint of Trade Clauses in Australian Employment

Restraint of trade clauses in employment contracts are only enforceable in Australia if they go no further than reasonably necessary to protect a legitimate business interest. This article explains the legal framework, enforceability tests and practical strategies for employers and employees.

Insights12 December 20258 min

What to Do When a Business Partner Breaches a Contract

A practical, step-by-step guide for Australian business owners dealing with breach of contract, covering how to identify a breach, your legal remedies, limitation periods, litigation costs and when to seek urgent court relief.

Insights28 November 20256 min

Outsourced General Counsel: Is It Right for Your Business?

A practical guide to outsourced general counsel for Australian SMEs, covering how it works, cost comparisons with in-house lawyers, what size business benefits, and the regulatory requirements under the Legal Profession Act 2007 (Qld).

Insights3 October 2025 (updated February 2026)4 min

Rule 208C and 208D UCPR - Supreme Court vs Inferior Courts

Can r 208C and r 208D UCPR applications be filed in the Magistrates Court or District Court in Queensland?

News18 June 20252 min

Astris Law Speaks at DECA Digital Economy Conference 2025

Astris Law joined speakers from Kraken and Thomson Geer at the Gold Coast for the DECA Digital Economy Conference 2025, discussing the evolving regulatory landscape for digital assets in Australia.

Publication9 January 2025 (updated 1 February 2026)10 min

Civil Penalties under Corporations Act

ASIC secured $349.8 million in civil penalties in the second half of 2025 alone. From the Centro directors who misclassified $1.5 billion in debt, to the Storm Financial founders who lost everything, these are the real cases that show what civil penalties look like in practice - and what every Australian director needs to know.

Publication9 January 20258 min

Fair Work Underpayments and Penalties: What Employers Actually Face

Underpayment penalties under the Fair Work Act 2009 routinely exceed the original shortfall. With criminal wage theft provisions now in force under Part 3A-3, the consequences for employers have never been more severe. This article examines the real cases, the actual penalty amounts and the legal mechanisms that make underpayment one of the highest-risk areas in Australian employment law.

Publication9 January 20258 min

Australian Director Duties: The Law, The Cases and The Consequences

Every director of an Australian company carries personal liability for breach of statutory and fiduciary duties. From the Centro directors who failed to read the financials to the Storm Financial founders who were banned for seven years, the cases show what happens when directors get it wrong.

Publication15 December 20245 min

Shareholder Agreements in Australia: What Every Private Company Needs

Without a shareholder agreement, you are relying on the Corporations Act and the replaceable rules to govern the relationship between shareholders. In most cases, that is not enough. This article explains the key provisions every Australian shareholder agreement should include and the real disputes that arise when they are missing.

Insights28 November 20245 min

PPSA Security Interests: How Registration Failures Destroy Creditor Rights

Under the PPSA, an unregistered security interest vests in the grantor on insolvency - meaning the secured creditor loses everything. This article explains the registration requirements, the most common errors and the real cases where creditors lost millions because of a single mistake on the PPSR.

Insights12 October 20245 min

Construction Contracts in Australia: Risk Allocation and Security of Payment

Construction contracts allocate risk through a web of interconnected provisions - extensions of time, liquidated damages, variations and latent conditions. When these provisions are poorly drafted, disputes follow. This article explains the key risk allocation mechanisms and the security of payment protections that apply regardless of what the contract says.

Publication5 September 20246 min

Unfair Dismissal in Australia: What the Fair Work Commission Actually Considers

The Fair Work Commission decides hundreds of unfair dismissal claims every year. Whether the dismissal was harsh, unjust or unreasonable depends on specific criteria in s 387 of the Fair Work Act - and the cases show that process matters as much as the reason for termination.

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