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    Legal insights, analysis and publications from Astris Law.

    Can AI Give Financial Advice in Australia? - Astris Law featured article
    Insights29 July 20266 min

    Can AI Give Financial Advice in Australia?

    ASIC's position is that the Corporations Act is technology neutral: the duty to act efficiently, honestly and fairly applies to AI systems as it applies to human advisers. That answer sounds simple. For anyone building an AI product near the advice perimeter, it is anything but.

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    Insights12 July 20264 min

    The $51.9 Billion Priority List: What It Tells Everyone Who Isn't On It

    Fifteen data centre projects worth $51.9 billion were endorsed for prioritised approvals in March, days after the Commonwealth released its national Expectations for data centre and AI infrastructure developers. What that signals for every developer, landowner and investor outside the list.

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    Insights7 July 20267 min

    38 Compliance Actions in June: What the NDIS Commission's Enforcement Numbers Mean for Providers

    The NDIS Quality and Safeguards Commission's public register recorded 38 separate compliance actions against providers and individuals in June alone, from banning orders to a registration revocation. What the ladder of enforcement actually looks like, and what to do if you are on it.

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    Insights5 July 20266 min

    The 1 October SIL Registration Deadline: Which Scenario Are You In?

    Mandatory registration commenced for supported independent living providers and NDIS digital platforms on 1 July 2026. Existing unregistered SIL providers must apply by 1 October 2026, and for the first time the penalties for getting this wrong are criminal.

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    Insights22 June 20268 min

    When Your AI Agent Gets It Wrong, Who Is Liable?

    Agentic AI, software that does not just answer questions but acts on them, is moving from pilot to production across Australian business. The harder question for directors is narrower. When an agent makes a mistake, who is liable? The decided cases give a consistent answer, and it is not a comfortable one. Most likely, it is the business that deployed the agent. This article looks at what Trivago, Air Canada and Quoine tell us, why a vendor's terms will not save you, the compliance obligations now arriving and what boards should do.

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    Insights19 June 20267 min

    Masters v Cameron Turns 72 This Year. People Still Get Caught by It

    The law on when a negotiation becomes binding has been settled since 1954, when the High Court decided Masters v Cameron. So it was surprising to see the Supreme Court of Victoria, in Papanastassis v Papanastassis [2026] VSC 302, hold a party to an $8.5 million settlement deed they had never signed. Nothing about the law was new. The argument was about which Masters v Cameron category the parties had landed in, and the answer cost the losing side the deal. This article sets out the categories, explains which one the case fell into and how to stay free to walk away until you sign.

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    Insights18 June 20264 min

    $21.6 Million Mortgage Enforced: Court Declines to Unwind a Risky Refinance

    In CPF Group Pty Ltd v Everest Index International Pty Ltd (Receivers and Managers Appointed) [2026] NSWSC 416 the Supreme Court of New South Wales declined to set aside a high-risk rescue refinance on grounds of unconscionability and enforced the loan and mortgage on their terms, entering judgment exceeding $21.6 million. The decision is a reminder that distress and hard terms are not, without more, grounds to unwind a commercially rational bargain, and that a solicitor's undisclosed conflict will not found relief without proof of causation and loss.

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    Insights15 June 202612 min

    Is Australia Finally Getting a Bill of Rights in 2026? Not So Fast

    A federal Human Rights Bill is back before parliament and the coverage has reached for the phrase 'bill of rights'. Three questions cut through the noise. What is it? Will it rock the boat? What would it actually do? In short, it is narrower than its billing and would put no obligation on business. The one feature that would genuinely change things, the power to strike out inconsistent laws, is also the reason it faces a hard path through parliament. The legislation that actually binds business is anti-discrimination law, and the Commonwealth positive duty on employers is in force now.

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    Insights10 June 202619 min

    AML Tranche 2 Starts in Three Weeks. Here Is What We Have Been Building.

    For the past year we have been building for Tranche 2. More than 2,500 pages of policy documents, risk assessments and procedures across twelve sector editions, published through HeadStart Docs™. A compliance portal of roughly 410,000 lines of code behind them. A dedicated Tranche 2 advice practice, HeadStart Counsel, the trading name under which Astris Law does this work. This article announces that work, lists the sectors we built for and shares what the work taught us, because the questions reaching us in the final weeks before commencement have answers that nobody else is publishing.

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    Insights5 June 20266 min

    Litigation Cost in Eight Mile Plains: Commercial Dispute Lawyer Fees

    Understanding what litigation costs is essential before you commit to a dispute. This guide explains how regulatory defence and commercial litigation are priced, the difference between hourly, fixed and capped fees and the factors that drive cost, so you can plan with a clear view rather than guesswork.

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    Insights5 June 20267 min

    One Lawyer or a Team of Six: What the Leverage Model Actually Costs You

    Most business owners assume a bigger legal team means better service. Having read a lot of other firms' bills over the years, I am not convinced. This article looks at how the traditional Australian law firm model makes its money, what the current market data says about where rates are heading and why a single senior lawyer is often the cheaper and faster engagement. It also covers when the opposite is true, because sometimes it is.

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    Insights3 June 20266 min

    Director Penalties Under the Australian Consumer Law: Personal Liability Explained

    Directors can be personally liable for their company's contraventions of the Australian Consumer Law. This guide explains how that exposure arises, the orders and penalties a court can impose and the practical steps a director can take to protect themselves and the business.

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    Insights2 June 20265 min

    ACCC Infringement Notices or Court Proceedings: Understanding Your Response Options

    When the ACCC suspects a contravention, it can choose from several enforcement paths, from infringement notices through to civil penalty proceedings in the Federal Court. Knowing what each path means for your business is what lets you respond on a considered basis rather than reacting to whichever step the regulator takes first.

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    Insights1 June 202613 min

    AHPRA Investigation: What Happens and What To Do at Each Stage

    A notification to AHPRA or the Office of the Health Ombudsman is not a finding. It is the start of a staged statutory process under the Health Practitioner Regulation National Law, and the practitioners who come through it well are the ones who understand each stage before they respond. This guide walks the process stage by stage: assessment, immediate action, investigation and referral, with the timeframes, the decision points and the moments where legal advice changes the outcome.

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    Insights29 May 202612 min

    Mandatory Injunctions in Australia: When a Court Will Order Someone to Act

    Most injunctions stop something happening. A mandatory injunction compels a positive step. This guide explains the higher standard for urgent mandatory relief, when a court will compel performance rather than leave you to damages and the practical points that decide these applications.

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    Insights27 May 20266 min

    Received an ACCC Notice? Immediate Steps Australian Directors Must Take

    A notice from the Australian Competition and Consumer Commission demands a measured, prompt response. This guide sets out the immediate steps directors and businesses should take after receiving an ACCC notice, including compulsory notices to produce information or documents, so you protect your position and meet your legal obligations.

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    Insights21 May 20265 min

    Suspicious Matter Reporting to AUSTRAC: When Australian Businesses Must File

    Suspicious matter reporting is the obligation businesses most often get wrong, usually by reporting too late or saying too much to the customer. This article sets out when you must file a suspicious matter report with AUSTRAC, the deadlines that apply and the confidentiality rules that let you report without alerting the customer.

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    Insights16 May 202629 min

    Cryptocurrency Regulation in Australia: What the Law Actually Says in 2026

    The Corporations Amendment (Digital Assets Framework) Act 2026 received Royal Assent on 8 April 2026, creating Australia's first dedicated licensing regime for digital asset platforms. AUSTRAC's expanded perimeter for virtual asset services commenced on 31 March 2026, with the travel rule following on 1 July 2026. A proposed stored-value facility framework would capture stablecoins. And the courts have repeatedly rejected ASIC's characterisation of how existing financial services law applies to digital assets. This is what the law actually says.

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    Insights13 May 20265 min

    AML/CTF Risk Assessment: Building a Proportionate Program for Mid-Market Firms

    An AML/CTF program is only as good as the risk assessment beneath it. This article explains how a mid-market firm assesses its money laundering and terrorism financing risk and builds a program that is genuinely proportionate, meeting the AML/CTF Act without bolting on controls built for a major bank.

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    Insights7 May 20267 min

    Superannuation Guarantee Charge: The Director's Personal Exposure

    Unpaid superannuation is the strictest corner of the director penalty regime. Miss the quarterly payment and the superannuation guarantee charge arises automatically. Lodge the SGC statement even a day late and the resulting director penalty is locked down with payment in full as the only exit. From 1 July 2026 payday super compresses the whole cycle, requiring contributions to reach employees' funds within 7 business days of each payday. This guide covers how SGC works, where the personal liability bites and what changes under payday super.

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    Insights6 May 20265 min

    Customer Due Diligence: How Australian SMEs Should Verify Client Identity

    Customer due diligence is where the AML/CTF regime meets your front desk. This guide sets out what an Australian SME must do to verify identity, understand who is really behind a customer and keep watching over time, under the AML/CTF Act. It also flags what changes for firms newly captured by the Tranche 2 reforms from 1 July 2026.

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    Insights5 May 202615 min

    Non-Compete Clauses in Australia: What the Law Actually Says (Not What the Headlines Say)

    There is a widely circulated claim that non-compete clauses in Australian employment contracts will be banned from 2027. No legislation has been introduced. No bill exists. What exists is a budget announcement, a Treasury consultation paper and a political commitment. This article explains what has actually happened, why existing restraints remain fully enforceable and what the proposed reforms would do if they ever become law.

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    Insights1 May 202630 min

    NDIS Service Agreements in 2026: Why the "Industry Standard" Is Costing Allied Health Practices and Service Providers Money

    If you operate an allied health practice or a small to medium NDIS service provider, the chances are high that the service agreement your participants sign is one of the dozens of free templates circulating online. Those templates are all third-party derivatives with a common set of structural weaknesses. The NDIA itself does not publish an authoritative template, and outside specialist disability accommodation, written service agreements are recommended rather than required. This article explains why the templates offer weaker protection than allied health practice owners and NDIS providers think, why the sector has quietly normalised the position, what the cases the regulator is now bringing mean for practitioners and what a properly drafted contracting position actually looks like.

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    Insights21 April 20266 min

    AML/CTF Compliance Checklist for Small Businesses: Meeting AUSTRAC Requirements

    A step-by-step checklist to help an Australian small business meet its obligations under the AML/CTF Act. It walks through enrolment, your program, customer due diligence and reporting and flags what the Tranche 2 reforms change from 1 July 2026.

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    Insights20 April 202611 min

    Lavercombe v LSC [2023]-[2026]: Six years, five decisions and a tiered costs order

    A 27-minute phone call in April 2020 has taken six years and five tribunal decisions to resolve. Brisbane solicitor James Lavercombe of JML Rose has cleared the rule 33 breach alleged against him and secured a mixed costs order that is partly indemnity and partly standard. A rare practitioner win and a careful study in why particulars matter, why agency cannot be assumed and why costs in regulatory work are seldom a blunt instrument.

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    Insights10 April 202616 min

    QCAT Lawyer: When You Need Legal Help at the Queensland Civil and Administrative Tribunal

    QCAT is designed to be accessible. It is not a court. It is a tribunal, and the default position is that parties represent themselves. But “accessible” does not mean “simple”. This guide covers what QCAT handles, when a lawyer can represent you, leave under section 43, costs, enforcement and the practical steps for getting the best outcome.

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    Insights9 April 20266 min

    Make Good Disputes at Lease End: How Brisbane Commercial Tenants Can Avoid Costly Litigation

    Make good obligations are one of the most common flashpoints at the end of a commercial lease. Brisbane tenants are often surprised by the cost of reinstating premises. This guide explains what make good clauses require, how disputes arise and the practical steps to resolve them without litigation.

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    Insights2 April 20266 min

    Rent Review Disputes: Expert Determination or Court Proceedings in Queensland

    When a rent review goes wrong, the lease usually points to expert determination rather than the courts. But expert determination and litigation answer different questions. This guide explains how Queensland rent review disputes work, when an expert binds the parties and when a court still has a role.

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    Insights1 April 202615 min

    Trusts Act 2025 (Qld): A Complete Guide to Queensland’s New Trust Laws

    Queensland’s trust laws are about to undergo their most significant overhaul in more than 50 years. The Trusts Act 2025 (Qld) was passed on 1 May 2025 and will repeal and replace the Trusts Act 1973 (Qld) when it commences on 28 April 2026. This guide breaks down the key changes trustees, beneficiaries and their advisors need to understand.

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    Insights1 April 20266 min

    Best Commercial Lawyer in Brisbane: How to Find

    There is no single 'best lawyer in Brisbane', and any firm that tells you it is the best is telling you to ignore the only question that matters: best for what, and best for whom. The best commercial lawyer for your business is the one with the right expertise for your matter, who does the work themselves, prices it transparently and can be verified independently. This is a practical guide to the criteria that actually separate a great commercial lawyer from an average one.

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    Insights26 March 20267 min

    ATO Debt Enforcement in 2026: Garnishees, Disclosure of Business Tax Debts and Winding Up

    The ATO has moved from the patient creditor of the pandemic years to the most active enforcement creditor in the country. In 2024-25 it issued more than 84,000 director penalty notices and more than 15,000 garnishee notices against collectable debt that has passed $105 billion and since 1 July 2025 the general interest charge compounding on that debt is no longer tax deductible. This guide maps the enforcement tools in the order the ATO typically deploys them, from payment plan refusals through garnishees, credit bureau disclosure and DPNs to statutory demands and winding up.

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    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 20267 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 review or clean up a document that an AI generated for you. The Queensland Law Society now provides a standard template letter that law practices can give to clients warning them about the risks of using AI in connection with legal matters. That letter is measured, thorough and diplomatic. This one is not. This letter says the same things, just more directly.

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    Insights5 March 20266 min

    Commercial Lease Dispute in Brisbane: Should You Choose Mediation or Litigation?

    A commercial lease dispute in Brisbane rarely needs to end in court. Mediation, expert determination and litigation each suit different problems. This guide sets out a practical decision pathway for landlords and tenants weighing cost, speed, confidentiality and the value of the relationship at stake.

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    Publication4 March 202610 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.

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    Insights1 March 20268 min

    Choosing a Commercial Law Firm in Brisbane: BigLaw vs Boutique

    Brisbane business owners choosing a commercial law firm face a real structural choice, not just a brand one. A large 'BigLaw' firm wins your matter at partner level and leverages the work down to a team; a boutique runs it with senior lawyers; a micro-boutique runs it with one. This guide explains what each model actually means, how the billing differs, and how to tell a true boutique from a firm that just markets the word.

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    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.

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    Insights24 February 20265 min

    Evidence Preservation in Commercial Disputes: What Brisbane Directors Should Secure Before Litigation

    Commercial cases are often won or lost on the documents. This article explains why Brisbane directors should preserve evidence as soon as a dispute appears, what to secure and how to avoid destroying material that disclosure obligations will later require.

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    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.

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    Insights12 February 20265 min

    Statute of Limitations in Commercial Disputes: Queensland Deadlines That Cannot Be Missed

    Limitation periods are unforgiving. A strong commercial claim filed out of time is generally lost. This article explains how Queensland limitation periods work under the Limitation of Actions Act 1974 and how to work out your own deadline, including the six-year period that, since August 2025, also applies to deeds.

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    Insights12 February 20267 min

    Lockdown DPNs: When Liability Cannot Be Remitted

    A lockdown director penalty notice gives you no options. You cannot remit the penalty by appointing an administrator or liquidator and the only way out is payment of the company's debt in full. Whether you receive a lockdown notice or a standard one depends entirely on when the company lodged, not on when or whether it paid. This article explains the 3 month rule for PAYG withholding and GST, the harsher due date rule for superannuation guarantee charge and the lodgement discipline that keeps directors on the right side of the line.

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    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.

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    Insights22 January 202612 min

    Director Penalty Notices: What the Law Actually Says

    The ATO issued more than 84,000 director penalty notices in 2024-25, a 136% increase on the prior year. A DPN makes you personally liable for the company's unpaid PAYG withholding, GST and superannuation guarantee charge. The 21 days runs from the date the ATO posts the notice, not the date you receive it and if the company lodged late the liability may already be locked down with no way to remit it. This guide covers the regime, the two types of notice, the service traps, the defences and the case law.

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    Insights21 January 20265 min

    Pre-Litigation Risk Assessment: Seven Questions Brisbane Directors Must Ask Before Suing

    Before starting proceedings, a director should test the dispute against a short set of hard questions. These seven consistently separate the disputes worth litigating from those better resolved another way.

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    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.

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    Insights1 January 20265 min

    Commercial Lawyers in Brisbane: How to Choose the Right Firm

    Choosing a commercial lawyer in Brisbane comes down to four things: who actually does your work, how you are billed, whether the firm specialises in commercial law and whether you can reach your lawyer directly. This guide compares the options by firm type, from large full-service firms to boutiques and micro-boutiques, so directors and business owners can match the right firm to the matter.

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    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.

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    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.

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    Publication9 January 202512 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.

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    Insights16 December 20246 min

    Meg's Flowers Penalised $1 Million: The ACCC's 'Local Florist' Case and What It Means for Online Businesses

    In December 2024 the Federal Court ordered online florist Meg's Flowers to pay $1 million for misleading consumers into believing it was a local florist. The case is a clear warning for any online business that presents itself as having a local presence it does not have.

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    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.

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    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.

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    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.

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