Australia: Contracts and Commercial Law

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Article
Restraining Restraints: Australia’s Post-Employment Shake-Up
The Australian Labor Government has released draft legislation that would fundamentally reshape how employers can use non-compete clauses in employment contracts. This proposed reform would prohibit non-compete restrictions for employees earning below $190,100 and impose new limitations on all post-employment restraints, potentially marking the most significant recalibration of Australian restraint of trade law in decades.
Australia Employment
SS
Seyfarth Shaw LLP
Article
Matters That Must Be Specifically Pleaded In Queensland
Queensland's Uniform Civil Procedure Rules require specific matters—including fraud, breach of contract, damages, and states of mind—to be expressly pleaded with supporting material facts. This comprehensive guide examines Rule 150's requirements, explains what "specifically pleaded" means in practice, and demonstrates through case law how deficient pleadings can be struck out or limit evidence at trial.
Australia Litigation
SL
Stonegate Legal
Article
Unfair Contract Terms In SME Lending - 5 Clauses That May Place Lenders At Risk
ASIC's 2026-27 Corporate Plan identifies non-bank small business lending practices as a regulatory focus area, particularly concerning unfair contract terms in standard form agreements. This article examines five common clauses in SME loan agreements that may expose lenders to enforceability challenges and regulatory action, drawing on recent court decisions to illustrate key UCT risks.
Australia Commercial
BP
Bartier Perry
Article
Security Of Payment Still Bites: ACL Claims Won’t Stop Enforcement Of Adjudication Determinations
The Victorian Court of Appeal has reinforced that security of payment legislation creates a separate interim right to payment, confirming parties cannot use Australian Consumer Law claims to prevent enforcement of adjudication determinations. This decision examines whether allegations of misleading conduct regarding project costs and timelines can circumvent the 'pay now, argue later' regime established under Victoria's Building and Construction Industry Security of Payment Act.
Australia Real Estate
HR
Holding Redlich
Article
Behind The Shopfront: Are Changes In Store For Parties To Retail Shop Leases In Queensland? (Part 1)
The Queensland Government has launched a review of the Retail Shop Leases Act 1994, examining how the legislation governs rights, obligations and dispute resolution for retail tenancies. This review comes amid significant growth in retail turnover, constrained floorspace, rising rental prices, and a dramatic increase in mediation applications—from 24 in 2021-22 to 305 in 2024-25.
Australia Real Estate
HR
Holding Redlich
Article
Project Distress In Queensland: Lessons From The Bathla Collapse
The collapse of the Bathla Group has sent ripples through Australia's construction sector, raising critical questions about financial distress management in major projects. With Queensland delivering an unprecedented infrastructure pipeline amid margin pressures and market uncertainty, are project participants adequately prepared to identify and respond to insolvency warning signs before external administrators arrive?
Australia Real Estate
HR
Holding Redlich
Article
Clawback Risks In Bankruptcy Explained
Bankruptcy trustees can challenge pre-bankruptcy transactions under sections 120, 121, and 122 of the Bankruptcy Act 1966, targeting undervalued transfers, creditor-defeating arrangements, and preferential payments. Understanding the statutory tests, timing rules, and evidentiary requirements is essential for recipients facing clawback demands, as market value alone does not guarantee protection and poor documentation can prove decisive.
Australia Insolvency
SL
Stonegate Legal
Article
Recovering Company Debts Using Statutory Demands
A statutory demand is one of the fastest and most powerful tools for recovering undisputed debts from Australian companies, engaging insolvency provisions that give debtors just 21 days to respond. While it creates significant commercial pressure that often leads to payment or negotiated resolution, it must be used carefully for genuinely undisputed debts to avoid being set aside and incurring adverse costs.
Australia Insolvency
SL
Stonegate Legal
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