Things to Read

A person makes an enduring power of attorney (EPOA) to entrust decisions about their personal (including health) and financial affairs to another person when they lose capacity to do so, under the Powers of Attorney Act 1998. The ‘greying’ of Australia, with more people living longer lives, means about one in 10 Australians over theRead More »What Happens if I Don’t Have an Enduring Power Of Attorney in QLD?

The role of executor of a person’s Will is one of unique responsibility, and their appointment is one of the most important decisions a person can make when creating this essential legal document.

The role of executor of a person’s Will is one of unique responsibility, and their appointment is one of the most important decisions a person can make when creating this essential legal document.

The role of executor of a person’s Will is one of unique responsibility, and their appointment is one of the most important decisions a person can make when creating this essential legal document.

In this podcast, Estate Planning Solicitor, Elise Jaques explains when should you update your Will.

There are a lot of compelling reasons to buy an established small business. Existing customers, trained staff, good will and immediate cashflow can all make the purchase of an operating small business a sound investment.

Australia’s Family Law Act 1975 makes it incumbent on two former partners in either a marriage or a de facto relationship to ‘support and maintain’ each other as much as possible, even after separation and divorce.

The popularity of trust structures is because they offer some significant advantages when it comes to the amount of tax you need to pay on income, as well as a way to protect assets.

While Australia’s collective efforts to limit the spread of coronavirus mean the country is gradually reopening and retuning to normal, the effect of shutdowns and border closures on the economy will last for some considerable time yet.

In this podcast, Estate Planning Solicitor, Elise Jaques explains what is a Probate and how you can apply for it.

Most people regard the money in their superannuation fund as ‘theirs’, meaning they think the amount is automatically part of their overall estate to be passed on to their beneficiaries in their will once they die.

Estate planning is the process by which a person makes a ‘road map’ on what should happen to their assets once they die or become incapacitated.

Australia’s 2016 Census found that ‘blended’ families – where one or both partners with children have remarried or repartnered – accounted for 3.7% of the nation’s families.

In this podcast, Strathpine Estate Planning Lawyer, Mahendra Mohan discusses a very important document that your executor needs to know about.

If you made your Enduring Power of Attorney prior to 1 June 1998 using a Form 16A (pursuant to the Property Law Act 1974-1990), then we strongly recommend that you review and revise this document.

In this podcast, Sylvia Lopez explains what are the additional costs when buying a property.

In this podcast, Sylvia Lopez talks about why is it important that you know PEXA if you’re buying or selling.

As the COVID-19 pandemic continues, Queensland has once again closed its borders to NSW and the ACT.

As the COVID-19 pandemic continues, Queensland has once again closed its borders to NSW and the ACT.

Before any discussion about who gets what and how the kids will be cared for, perhaps one of the most distressing aspects of family breakdown is the more immediate concern about who gets to stay in the house and who has to leave.

One of the most common questions I am asked as a family lawyer when dealing with a property settlement, is how to protect assets or inheritances from the other spouse either before, during or after separation.

The answer is very simple: “It depends”!

Like many people, I struggle to remember a time before Facebook, Twitter, Instagram and Pintrest. The usage of social media has become a societal norm, with the ability to instantaneously communicate and publish to the world information and content at will.

During the breakdown of a relationship, people often find it difficult to consider their future and the direction they want to go. Often in our experience, getting advice at an early stage (even before you decide to separate) can give you the clarity and empowerment to move forward confidently and with purpose.

Most people are aware that the Family Law Courts in Australia are under-resourced and overloaded with matters causing family disputes to take years to even get to a trial (let alone judgment which may be delivered months later).

In this podcast, Strathpine Estate Planning Lawyer, Mahendra Mohan discusses a very important document that your executor needs to know about.

When a couple separates one of the most difficult things to do is work out the best and fairest way to divide the assets accrued during the relationship.

While Australia now appears to be through the worst of the COVID-19 pandemic and some aspects of society prepare to return to normal routines, Australia’s court system continues to operate under special procedures designed to maximise social distancing for public health safety.

Investment in a commercial property is a big financial decision but one that in the right economic environment – and in the right location – can be lucrative.

In recent weeks we have received a large volume of enquiries from people seeking advice relating to the current pandemic and how separated parents should be responding to it.

When it comes to making a will about how you wish your estate and affairs to be handled after you die, appointing an executor is one of the most crucial decisions you’ll make.

Do you have an amazing business idea? Perhaps it’s a retail concept you believe will take off and, what’s more, you’ve found the perfect premises in the perfect location.

In this podcast, Big Law, Solicitor Mahendra Mohen discusses the options for stepchildren from a de fascto relationship who wish to dispute an estate.

The end of a relationship is one of the most difficult times in any person’s life. Making the grief and trauma that accompanies this event even harder to deal with is the fact that many important life matters need to be decided.

There’s nothing like new love. For most of us, we hope new love will grow into old love – a shared life that leads to many happy memories, of house, holidays and children.

While there are many similarities between residential and commercial conveyancing – that necessary legal process for transferring ownership from seller to buyer – there are also some important differences, which we’ll address in this article.

When a person makes a will detailing how they want their assets to be distributed after they die, and by whom, they often think that’s the end of the matter.

There’s little doubt that there has been an exponential increase in Queensland of unit puchases. But is buying a unit a little different than buying a regular house? In this podcast, our Sylvia Lopez discusses this matter.

Caveat emptor. Translated from Latin, it means “let the buyer beware.” And when it comes to buying off the plan, it is advice worth heeding.

In a perfect world, home buying would be easy. But in reality, there’s no such thing as a “simple” real estate transaction. When it comes to buying a unit in Queensland, there’s plenty to do. Here’s a brief overview of what’s involved.

Whether you’re buying or selling a home, it’s important you understand the essential terms and conditions of the contract of sale.

When it comes to selling your property, there can be plenty of questions that can emerge and it can be helpful to slow down and consider it all as a process that is made up of various steps.

When it comes to selling your property, there can be plenty of questions that can emerge and it can be helpful to slow down and consider it all as a process that is made up of various steps.

Making the decision to sell your home is a big move that brings with it both excitement (what price will we get?) and apprehension (what if we can’t sell?).

Mediation is very regularly a necessary step for resolving family law disputes involving both parenting matters and also property. Section 60I of the Family Law Act requires parents to mediate with a ‘Family Dispute Resolution Practitioner’ before a Court will accept the filing of proceedings in almost all cases save those of urgency or whereRead More »Mediation in Family Law – What can I expect?

In Part One of this series of three podcast, Big Law Partner, Sylvia Lopez and Resource Accounting Queensland Director, Craig Bruce discuss…

Once someone dies there is often a queue of people interested in discovering the terms of the will. This raises the question: who is allowed to see the deceased’s will? Once upon a time the people who were allowed to see the will be limited, but legislation now provides the structure by which certain peopleRead More »Can I See the Will?

There are many reasons people decide to officially end their marriage by applying for a divorce. These may include the desire to marry someone else, which can’t be done without a divorce, and because their rights and responsibilities in terms of financial matters such as wills are different depending on whether they’re divorced or not.Read More »How to Apply for Divorce in Queensland

It might come as a surprise, but there is a growing number of people over the age of 18 who don’t have a will. It goes without saying that the consequences of not having an up-to-date will are serious, but what should you consider when you’re doing one?

The terms ‘separation’ and ‘divorce’ are often used interchangeably by people but in fact, in the unfortunate event of a relationship breakdown, they mean quite different things and carry different legal implications.

The terms ‘separation’ and ‘divorce’ are often used interchangeably by people but in fact, in the unfortunate event of a relationship breakdown, they mean quite different things and carry different legal implications. Separation In the area of family law, separation is a recognition between either a married or de facto couple that their relationship has brokenRead More »What Does Separation & Divorce Mean?

Here’s the thing about change: it is seldom easy and no one really likes it. But in truth, it’s not always bad. In fact, it can sometimes make life better. It’s just a matter of our willingness and ability to adapt. With that being stated, here’s what you should know about changes to the lawRead More »What Your Business Needs to Know about the Changes to Retail Shop Leases

Not only does death impose an emotional toll on family and friends, but it also brings with it a number of practical considerations. Will your loved ones be able to move on without significant financial complications? Or will they be left with nothing after creditors claim what’s theirs? What about taxes? To a significant extent,Read More »What is a Testamentary Trust and Why Should I Consider One?

Big Law is pleased to announce that two lawyers of our team are presenting at legal conferences over the coming weeks. Big Law, Consultant, Tony Biggar will be speaking at the 6th Annual Conveyancing Conference on recent changes to REIQ contracts, trends in E-Conveyancing and recent court divisions, including Sentinel Citilink Pty Ltd v PS CitilinkRead More »Big Law Team to Speak at Leading Conference Events

Audio Player https://s3-ap-southeast-2.amazonaws.com/biglawbrisbane/estateplanningandfamilylaw.mp3 00:00 00:00 00:00 Use Up/Down Arrow keys to increase or decrease volume.   Podcast: Play in new window | Download An Oversight with Massive Consequences. In this podcast, our Estate Planning Lawyer, Elise Jaques discusses one phenomenon that occurs more often than you would think! Transcript Speaker 1: At Big Law, we’re big on providingRead More »The Importance of Updating Your Estate Planning Documents Following Separation

In the eyes of the law, a “short marriage” is considered to have lasted less than a period of five years. However, the court can also take into account how long the couple had lived together prior to getting married when considering if the marriage is to be viewed as short. In situations where a propertyRead More »What Does a Property Settlement Look Like in a Short Relationship?

https://s3-ap-southeast-2.amazonaws.com/biglawbrisbane/epa.mp3 00:00 00:00 00:00 Use Up/Down Arrow keys to increase or decrease volume.   Estate planning, for most of us, is often an afterthought, something we know we need to get to but we just never get around to it. One of the essential but less known documents considered in your estate plan is anRead More »What is an Enduring Power of Attorney and Why You Need One

Buying a commercial property involves a lot more considerations than when buying a residential property. This is not least because there is generally a lot more risk involved in buying a commercial property, despite that fact, such a decision can bring great financial benefits for the buyer. There is no “one size fits all” strategyRead More »Important Points to Consider Before Buying a Commercial Property

In 2018, it was announced there would be significant changes to the family law system in Australia. In the short term, these changes are designed to address lengthy delays in the relevant courts. Further changes have also been suggested in response to increases in family violence, mental health and substance abuse, bringing the Family LawRead More »Impact of Recent Changes in Family Law

For most of us, the realisation that a relationship can’t be salvaged is emotionally devastating. Acknowledging this is especially difficult for couples who have been together for a long time, or who have children together. In any case, trying to figure out what to do next can be overwhelming. What you need to remember isRead More »Time Limits in Family Law Matters

There is a lot to consider when you are purchasing a home. If you’ve got children, one of your first priorities will be making sure it is near a good school. Then there’s the matter of your daily commute, meaning you want a home that’s close to public transport or within an easy drive toRead More »How Does Conveyancing Work?

Conveyancing is the surprisingly complex process of transferring property from one person or entity to another. Though generally similar to residential conveyancing, commercial conveyancing tends to be even more challenging. Many additional factors need to be taken into consideration when dealing with commercial land transfers, including permitted uses, commercial leases, land tax implications, zoning, andRead More »What is the Process of Commercial Conveyancing?

Divorce, separation, conscious uncoupling. All result in the dissolution of a relationship, almost half of which involve children. Luckily, there are many resources available to families and individuals facing the daunting tasks of divorce and separation. Alternative Family Dispute Resolution Many families seek to avoid actually going to court if at all possible, especially whenRead More »Do You Need Help with Family Law Matters?

Separation can be one of the most harrowing of life experiences, especially when there are children involved. According to the Australian Bureau of Statistics in 2015, 47.5% of divorces involved children. This is a significant number and many families are likely confused, troubled, and unsure of the legal process to resolve these matter after separation.Read More »Children’s Matters After Separation

The Personal Property Securities Act 2009 (Cth) commenced on 30 January 2012 and created a national online register where details of security interests in personal property can be registered and searched. The single register is known as the Personal Property Securities Register (PPSR). The single register known as the Personal Property Securities Register (PPSR), replacedRead More »What is the PPSR?

Purchasing land with a pre-existing lease [divider line_type="No Line" custom_height="20"][nectar_btn size="large" button_style="regular" button_color_2="Extra-Color-1" icon_family="none" url="/contact-us/" text="Make an appointment"] On 20 October 2015 the Queensland Court of Appeal, in the case of Commissioner of State Revenue v Di Sipio & Anor [2015] QCA 198, held that a couple purchasing their first home had not disposed ofRead More »Purchasing land with a pre-existing lease: Reversal of Commissioner of State Revenue v Di Sipio & Anor [2015] QCA 198.

On 20 October 2015 the Queensland Court of Appeal, in the case of Commissioner of State Revenue v Di Sipio & Anor [2015] QCA 198, held that a couple purchasing their first home had not disposed of the land merely because it was purchased subject to a pre-existing lease which had longer than six monthsRead More »Purchasing Land With a Pre-Existing Lease

On 25 May 2016, the Retail Shop Leases Amendment Act 2016 was enacted to amend the regulation of retail leasing in Queensland. The 2016 amendments to the Retail Shop Leases Act 1994 (“Act”) commenced on 25 November 2016 and apply prospectively from that date. This means the amendments will apply to any retail shop leaseRead More »Entering into a retail shop lease: Key Changes Under the Retail Shop Leases Amendment Act 2016

On 23 August 2011 a fire erupted at a house in Slacks Creek Queensland. Twenty-three calls were made to the emergency services, but by the time the Queensland Fire and Emergency Service arrived the house was fully engulfed. The Fire claimed the lives of eleven people, including eight children under the age of eighteen, makingRead More »New editions of the two standard Residential Contracts: Are you up to Speed with Smoke Alarms?

Most of us have experienced this – an urgent call from a family member asking for a loan or help to pay certain bills. Many of us do not hesitate to help a family member in need by agreeing to help them. So, are you sure that the money you have given will be repaid?Read More »What have I done – did I loan you my money or was it a gift to you?

Your self-managed, industry or retail Superannuation contributions and benefits are held in a trust, which in turn is controlled by a Trust Deed. This Trust appoints people (Trustees) to act for its members, which in the case of your Super Fund, is you. Most Super Funds accept your nomination of a beneficiary (the person/s ofRead More »What is a Superannuation Binding Death Benefit Nomination?

Most Australians are unaware that they must give directions to their Super Fund if they wish to control what happens to their Super when they die. The law and the Super Funds have rules which affect your Super. There are important facts that you need to know about your super and death and they are:Read More »Superannuation and your Will – what happens to my Super when I die?

An Enduring Power of Attorney is a written formal process whereby a person, ie. a principal, appoints a person or persons who can then make either health/personal and/or financial decisions on behalf of the principal.

I have recently heard of tenants entering into leases without first undertaking investigations of what Internet services will be available into the premises they will be leasing. I have never seen in a lease document any assurance from the landlord as to what Internet services will be available to the premises. Tenants most likely willRead More »Don’t Forget To Look at This in Your New Business Lease

The bank won’t talk to me and I have to pay her bills. What can I do? When your parent is declared to no longer have the capacity to make legal decisions, it is often a result of an ACAT assessment or by a general practitioner or geriatrician. If you are concerned that your parentRead More »My mum/dad has dementia and has lost capacity. What can I do?

I don't what someone to inherit anything in my will. How can I do that? [divider line_type="No Line" custom_height="20"][nectar_btn size="large" button_style="regular" button_color_2="Extra-Color-1" icon_family="none" url="/contact-us/" text="Make an appointment"] This may be the result of conflict in the family which results in the parents and child/children not having contact for a very long time, step-children who haveRead More »I don’t what someone to inherit anything in my will. How can I do that?

This may be the result of conflict in the family which results in the parents and child/children not having contact for a very long time, step-children who have never engaged with their stepmother or stepfather or due to offending or violent conduct by the child toward the parents.   Another common issue is a childRead More »I don’t want someone to inherit anything in my Will. How can I do that?

A request for probate may be made before the executor can claim the funds for the estate of the deceased person. Probate is a Supreme Court decision that ‘proves’ the will of the deceased person. When a deceased person holds cash or invested funds at a bank, or superannuation, or shares over $50,000 in valueRead More »What is probate and why do we need it?

Since writing and publishing the article Rates Ruling Could Have Major Effect, some important changes have taken effect. Readers may recall that the article dealt with the decision in Paton & Ors v Mackay Regional Council, where it was decided that classifying a property by whether the owner-occupied the premises, or rented the premises out,Read More »Rates Ruling Update

A recent ruling by the Supreme Court could impact up to 20 regional council budgets, and impact $300 million in rates across Queensland. The case in point, Paton & Ors v Mackay Regional Council, concerned the issue of limits on a Council’s ability to charge different general rates for non-owner occupied homes. The applicants inRead More »Rates Ruling Could Have Major Effect

In a recent Federal Court case, the Australian Competition and Consumer Commission brought an action against Worldwide Energy and Manufacturing Australia Pty Ltd (WEMA), P & N Pty Ltd and P & N NSW Pty Ltd. These companies distribute solar panels to consumers in Australia. The companies advertised their Australian solar panels via newspapers, television,Read More »Faking Testimonials

In a recent High Court case, the Court was asked to determine whether fine print in an advertisement was enough to prevent an advertisement from being misleading to consumers. For more than a year TPG ran an advertising campaign that offered ADSL2+ for the cost of $29.99 a month. The offer was displayed quite prominentlyRead More »ACCC v TPG

There has been a recent District Court case in the District Court at Maroochydore where the buyer of a property brought a claim against the seller for damages for personal injury suffered by the buyer after an inspection of the property. The property was a rural property on which the seller operated a mobile sawmill.Read More »Sellers Beware