Things to Read

 There have been significant changes to the Foreign Resident Capital Gains Withholding (FRCGW) Tax Regime that have come into effect from 1 January 2025. These changes will affect all property sales. Summary of Changes Previous Regime New Regime (effective 1 January 2025) Withholding Rate 12.5% 15% Applicable To Purchase Price greater than or equal toRead More »Law Update 1 January 2025 – Changes to the Foreign Resident Capital Gains Withholding Tax Regime

In estate planning and succession law, few concepts carry as much weight and potential consequence as the presumption of revocation of a Will. This legal principle can significantly impact the distribution of a deceased person's assets and the fulfilment of their final wishes. As such, both testators (those making a Will) and potential beneficiaries mustRead More »The Presumption of Revocation of a Will in Queensland: Understanding Its Implications and Prevention

As a property owner in Queensland, it’s crucial to stay updated on the latest regulations impacting your investment. Recently, the Queensland government has introduced new minimum housing standards designed to enhance living conditions for renters and clarify property maintenance requirements. In effect, these standards represent a substantial change in rental property management, ensuring that allRead More »Property Owners: Are You Aware of the New QLD Minimum Housing Standards?

The Australian superannuation system, a cornerstone of retirement planning, can be reshaped by the Superannuation (Better Targeted Superannuation Concessions) Imposition Bill 2023. These changes in Division 296 tax introduce significant alterations to tax concessions, which affect individuals with a Total Superannuation Balance (TSB) exceeding $3 million. This article examines the impact of these changes onRead More »What You Need to Know About Changes to Superannuation Tax Concessions and Their Impact on Estate Planning

In the event of a change of government, Queensland may have changes coming to the stamp duty landscape, making it more accessible for first-time homebuyers to enter the property market. These updates may be a game-changer, given the continuing rise of house prices. In fact, from January 2023 to March 2024, there has been aRead More »Stamp Duty Relief for Queensland: What it Means for You

As a retail business owner, understanding the complexities of your lease agreement is crucial for the success and longevity of your business. In Queensland, the Retail Shop Leases Act 1994 (RSL Act) and the Retail Shop Leases Amendment Act 2016 govern the laws applicable to retail shop leases, including those related to lease renewals. UnderstandingRead More »Retail Lease Renewals: Understanding Your Options and Obligations

Granting someone power of attorney is a significant legal step, entrusting that person with the authority to make important decisions about your life. However, situations may arise where you find it necessary to revoke this power. For any of a number of reasons, an attorney may not be able to perform their duties adequately, orRead More »What is the Process for Removing a Power of Attorney in Queensland

An updated version of Queensland’s Property Law Act (‘the Act) was recently passed into law designed to modernise, improve and streamline the operation of the Act for both buyers and sellers. Key changes to the Act include: introduction of a statutory seller disclosure scheme (Seller Disclosure Scheme) applying to all freehold sales of land; updatedRead More »What Do the Changes to the Property Law Act and the Introduction of a Seller Disclosure Scheme Mean for Buyers and Sellers of Property?

The role of retirement villages in Australian society are increasingly important given our aging population, ideally providing comfortable and secure living arrangements for seniors. The process of securing a place in a retirement village can be complex, however, and a prospective resident should receive expert legal advice before committing their signature to a contract. ToRead More »What are the Disclosure Obligations For a Retirement Village and What Happens if They are Not Complied With

Queensland’s weather and lifestyle make it a popular, preferred destination for retirees in Australia, meaning the place of retirement villages as a living option for seniors is an important consideration once working life has ended. There are different arrangements by which residents secure a ‘right to reside’ in Queensland retirement villages, including loan and license… Read More »Will Exit Fees Payable at the End of a Retirement Village Lease Affect the Inheritance Available to My Children

Form 1 January 2022, all homes in Queensland which are being sold are required to have hardwired photoelectric, interconnect smoke alarm (or be fitted with a non-removable 10 year battery). This means that if one alarm is activated, all alarms are activated. A Contract for the sale of a house or a unit requires the… Read More »New Fire and Smoke Alarm Laws for Queensland Dwellings – what you must do now

The introduction of mandatory e-Conveyancing means that lawyers and other qualified witnesses need to ensure that they undertake the process of verifying a client’s identity prior to witnessing any titles office documentation and / or undertaking a conveyancing transaction. It is vitally important that the verification of identity (VOI) process be undertaken as it is… Read More »Verification of Identity – why is it needed?

Queensland has now followed New South Wales, Victoria, South Australia and Western Australia with mandatory e-conveyancing.  This reflects the modern conveyancing practices which saw an uptake during the COVID-19 pandemic for property transactions. The mandate provides that unless an exemption applies, certain instruments and documents will need to be lodged or deposited with the Land… Read More »e-Conveyancing Mandate – what is and what does it mean?

While most people will spend considerable time making a will to distribute their personal estate to their loved ones after they pass, far fewer people consider a succession plan for the business they have built during their lifetime. In Australia, on average, less than one third of family businesses have considered a business succession plan… Read More »Business Succession and Estate Planning – 7 Things Business Owners Should Consider Now!

Setting up and running a business is an all-consuming effort in which perfecting the product and the method of selling it is the first and most important priority. Unfortunately, that laser focus on establishing the company in the marketplace can sometimes leave other elements of building a business neglected. One of those elements is theRead More »The Sleeping Time Bomb in Your Business – 4 Big Legal Risks to Avoid

Making a will and estate planning are tasks often neglected by Australians but are crucial steps to conveying essential details including how you wish your estate to be distributed after your death. A valid will, for example, provides not only peace of mind for the testator – the will-maker – but certainty for the familyRead More »Wills & Estate Planning Mistakes You Must Avoid

One of the unintended outcomes of the Covid-19 pandemic was an acceleration of the use of technology in many areas of life and society. The need to keep people distant from each other and avoid face-to-face interaction saw many traditional practices fall by the wayside. One of those was the need for a property deedRead More »What are the Details of the Amendments to Property Law Act in Queensland Allowing the Electronic Signing of Deeds

Whilst the process of purchasing a commercial property is very similar in many respects to buying a residential property, there are a whole other set of matters to consider with this asset type.  The first issue to consider is what are your intentions or motivations for purchasing the property. Are you planning to run yourRead More »Buying a commercial property

You may have reached the point in your life where you are sick of maintaining a large home and garden and would like to downsize. There are many options to consider, some of which are: Buying a small house or townhouse with a small yard; Buying in a retirement village which usually involves taking aRead More »Buying a manufactured home in an over 50s village

What do you do if you are over 60 without a regular source of income other than the pension as you have retired and find that you have to fund urgent renovations to your home? Or unexpected medical expenses? Or you would like to refinance high-interest credit card debt or other liabilities? As you areRead More »What is a reverse mortgage?

Appointing an enduring power of attorney is an important legal step by which someone entrusts another person (the attorney) to make decisions for them during their lifetime. This power can allow the appointed person to make both personal/health and financial decisions for the principal (the person who made the appointment). An enduring power of attorneyRead More »How Do I Get an Enduring Power of Attorney in QLD?

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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?).

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?

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.

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

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

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?

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?

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: Reversal of Commissioner of State Revenue v Di Sipio & Anor [2015] QCA 198.

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?

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?

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