Articles
Legal insights, analysis and publications from Astris Law.
The 10 December 2026 ADM Disclosure Rules: Who Is Caught
From 10 December 2026, APP entities must disclose in their privacy policies the kinds of personal information used in substantially automated decisions that significantly affect people's rights or interests. The trigger words are broader than most product teams assume, and the audit that answers them has not been done in most organisations.
Read articleMissed the 30 June AFSL Lodgement? Your Options Now
ASIC's no action position required a complete AFSL application lodged by 30 June 2026. That date has passed. If your business did not lodge, the protection is gone but the situation is not hopeless, and the worst response is the one most businesses are choosing right now.
Read moreThe $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.
Read more38 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.
Read moreCould an AI Law Firm Launch in Australia? The Garfield Question
The UK approved its first AI driven law firm and it just won in court against a solicitor and a barrister. The product was never the AI. It was the authorisation. Could the same model be approved in Australia? The door is less locked than most people assume.
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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.
Read moreMasters 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.
Read more$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.
Read moreBilled as Estate Planning, the 2026 Trust Tax Changes Are a Business Problem
The 2026-27 Budget's overhaul of trust and capital gains tax has been written up as an estate planning story, all wills and inheritances. That undersells it. Discretionary trusts are how a large share of Australian business is owned and run, so the same measures land on trading businesses, family enterprises and investors. The measures are real and far-reaching but not yet law. They would change the economics of owning a business through a trust, and there is a narrow window to restructure before they take effect.
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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.
Read moreLitigation 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.
Read moreOne 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.
Read moreCourt-Enforceable Undertakings to the ACCC: When to Negotiate Rather Than Defend
A court-enforceable undertaking can resolve an ACCC matter cooperatively and avoid the cost and uncertainty of litigation. This guide explains what an undertaking involves, when negotiating beats defending and what to check before you commit.
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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.
Read moreAHPRA 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.
Read moreMandatory 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.
Read moreAstris Law Launches HeadStart Counsel for Tranche 2
Astris Law has launched HeadStart Counsel, its Tranche 2 legal practice and the legal advisory arm to the HeadStart Docs™ compliance platform. From 1 July 2026 the AML/CTF regime extends to an estimated 80,000 to 100,000 new Australian businesses, and HeadStart Counsel exists to answer the are-we-in-or-are-we-out question, the edge cases and the questions with no published authority.
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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.
Read moreCryptocurrency 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.
Read moreAML/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.
Read moreRecovering 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.
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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.
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 moreWho Must Register with AUSTRAC? A Decision Guide for Australian Business Owners
Most business owners want one answer: do I have to deal with AUSTRAC at all. It turns on what your business does, not what it calls itself. This guide works through the questions in order so you can reach a defensible view on whether you must enrol or register under the AML/CTF Act, which matters now that the Tranche 2 reforms start on 1 July 2026.
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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.
Read moreQCAT 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 moreMake 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.
Read moreInsolvent Trading: A Director's Guide to Section 588G
If your company trades while insolvent and you fail to prevent it, you can be personally liable for every debt. In Trinco (NSW) Pty Ltd (in liq) [2025] NSWSC 993 a de facto director was ordered to pay $10,059,175.52. This guide covers section 588G, the defences, safe harbour and what directors should do now.
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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.
Read moreBest 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.
Read moreATO 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.
Read moreBreaking a Commercial Lease: Personal Guarantees and Exit Strategies
Walking away from a commercial lease early is rarely as simple as handing back the keys. The company tenant stays exposed under the lease, and a director who signed a guarantee can be personally on the hook. This guide sets out the realistic exit routes and how to limit a director's personal exposure.
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.
Read moreWhat Is a Lawyer Actually For?
AI can access all the same legal knowledge, draft the same documents and answer the same questions. So what exactly is a lawyer for? The answer involves a clock, a genius cryptographer and the most serious attempt to hack the foundations of contract law ever built.
Read moreRetail Tenancy Disputes Under the Retail Shop Leases Act: A Queensland Guide
The Retail Shop Leases Act 1994 (Qld) gives retail tenants and landlords a distinct dispute process that runs through mediation before reaching the tribunal. This guide explains what counts as a retail tenancy dispute, how the mediation pathway works and when the Queensland Civil and Administrative Tribunal becomes involved.
Read moreResponding to a DPN: The First 21 Days
A director penalty notice gives you 21 days from the date the ATO posts it and for a standard notice those 21 days are the entire window in which administration, small business restructuring or liquidation can still remove your personal liability. This is the playbook. It covers what to establish in the first 48 hours, what each remission option actually requires to commence in time, when a defence is worth running and the common mistakes that close options before the deadline arrives.
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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.
Read moreCommercial 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.
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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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.
Read moreEvidence 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.
Read moreDebt 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.
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Unfair Contract Terms: What Australian Small Businesses Need to Know
Unfair contract terms in standard form contracts are unlawful and attract significant penalties, doubled to a maximum of $100 million in March 2026. This article explains the protections for small businesses under the Australian Consumer Law and the ASIC Act and how courts are applying them.
Read moreStatute 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.
Read moreLockdown 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.
Read moreFranchise 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.
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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.
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 moreLitigation or Settlement? A Cost-Benefit Analysis for Queensland SMEs
For a Queensland SME, the choice between fighting a dispute and settling it is at heart a cost-benefit decision. This article sets out how to compare the expected value of litigation against a negotiated outcome in a disciplined way.
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.
Read moreDirector 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.
Read morePre-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.
Read moreWhat'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.
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Commercial Litigation: When to Initiate Proceedings
Deciding when to start court proceedings is one of the harder calls a director makes. This framework sets out a structured way for Brisbane directors to weigh merits, timing, cost and commercial risk before filing in a Queensland court.
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.
Read moreCommercial Lawyer Cost in Brisbane: How Much?
A detailed breakdown of commercial and business 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.
Read moreRight 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 moreBusiness Partner Breaches 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 for Australian Businesses
A practical guide to outsourced general counsel for Australian SMEs: how the model works, what it costs compared with hiring in-house and the regulatory requirements under the Legal Profession Act 2007 (Qld).
Read moreRule 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?
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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 regulation of 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.
Read moreAustralian 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.
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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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