Articles
Legal insights, analysis and publications from Astris Law.
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 commences in stages from 31 March and 1 July 2026. A new stored-value facility framework captures 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.
Read articleRecently Updated
Articles we have reviewed and refreshed most recently. Each article carries a "last reviewed" date so you know the position reflects current Australian law.
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QCAT Lawyer: When You Need Legal Help at the Queensland Civil and Administrative Tribunal
Dispute Resolution & Litigation
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Right to Disconnect: What Small Business Owners Actually Need to Know
Employment
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Fair Work Underpayments and Penalties: What Employers Actually Face
Employment
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How Much Does a Commercial Lawyer Cost in Brisbane?
Corporate & Commercial
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Recovering Legal Costs in Queensland Courts, Federal Courts and QCAT
A practical guide to how legal costs recovery works in Australia, covering costs orders, scale costs, the assessment process, settlement offers and their consequences, interlocutory costs, the threshold for indemnity costs, no-costs jurisdictions and the recent High Court decisions that changed the rules for lawyers recovering their own costs.
Read moreNon-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.
Read moreNDIS 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.
Read moreLavercombe 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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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.
Read moreTrusts 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.
Read moreAustralia 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.
Read moreAn 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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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.
Read moreWhat 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.
Read moreCan 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.
Read moreCommercial Litigation Lawyer Brisbane
How Astris Law helps Brisbane businesses resolve disputes, defend claims and protect their position. Covers responding to claims, pursuing disputes, Queensland courts and tribunals, litigation costs and what to expect at each stage.
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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.
Read moreShareholder 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.
Read moreUrgent Injunctions in Australia: When You Need the Court to Act Fast
A practical guide to urgent injunctions in Australian commercial disputes, covering interlocutory injunctions, freezing orders, search orders, ex parte applications, the Beecham test and how to obtain urgent relief in the Supreme Courts and the Federal Court.
Read moreUnfair 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.
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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.
Read moreStarting 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.
Read moreStatutory 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.
Read moreProtecting 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.
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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.
Read moreSecurity 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.
Read moreEmployment 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.
Read morePPSA 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.
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Right to Disconnect: What Small Business Owners Actually Need to Know
Your employees can refuse to read, monitor or respond to work contact outside their working hours. That’s been the law for all employers under the Fair Work Act since August 2025. Here’s what you actually need to know to stay compliant.
Read moreNon-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.
Read moreWhat 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.
Read moreOutsourced 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).
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How Much Does It Cost to File in the Queensland Supreme Court?
Court filing fees in Queensland are notoriously hard to pin down. This guide organises every Supreme Court fee by scenario — from filing to verdict — so you can see the total cost in one place.
Read moreAstris 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.
Read moreCivil 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.
Read moreFair 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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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.
Read morePPSA 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.
Read moreConstruction 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.
Read moreUnfair 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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