When a loved one loses the capacity to make their own decisions, it is an incredibly difficult time for families. If they haven’t prepared an Enduring Power of Attorney (EPA), navigating their financial and personal affairs can be confusing and stressful. Thankfully, Queensland law, as set out in the Guardianship and Administration Act 2000 (Qld), provides a clear pathway through guardianship and administration orders. This guide explains the process, roles, and implications of these orders, offering clarity during a challenging period IMPORTANT TAKEAWAYS Administration orders are legal documents that appoint a person to make financial and legal decisions for an… Continue Reading
A GUIDE TO DEEDS OF FAMILY ARRANGEMENT Important Takeaways Deeds of Family Arrangement are legal agreements between family members and others with interests in the distribution of the estate of someone who has died. They allow interested parties to determine the allocation of an estate even if this may be contrary to what is set out by a Will or statute in cases of intestacy. It is an inexpensive and flexible way of resolving disputes that preserves relationships and avoids the need of taking the matter to court. What is a Deed of Family Arrangement? Deeds of Family Arrangement (DOFA)… Continue Reading
If you’re buying or selling a business, it’s important to be aware of image copyright infringement risks. This article highlights the legal issues that can arise when businesses use online images without proper licences – something that can easily go unnoticed during a sale. Buyers may inherit liability for past copyright breaches, while sellers could face legal claims that affect the transaction. The article outlines why intellectual property should form part of the due diligence process and offers practical guidance to help both parties minimise risk and avoid unexpected legal complications after settlement.
When buying or selling property in Queensland, you may encounter some form of title encumbrance. Encumbrances can range from financial obligations to limitations on land use, which may impact property transactions. While some encumbrances may offer benefits, others can impose limitations on ownership, development, and resale value, which may hinder any future sale of the property.
Significant changes to Australia’s family law system will come into effect on 10 June 2025, impacting how property settlements are determined following separation. These updates introduce a requirement for courts to consider the economic impact of family violence, clarify the treatment of pets in property disputes, and reinforce the duty of financial disclosure. This article outlines the key changes and what they mean for individuals navigating family law property matters. Process For Determining Property Settlement When considering a property matter, the family law courts must: Identify all property and liabilities (debts) of the parties Assess each party’s contributions to the… Continue Reading
What Buyers and Sellers Now Need to Know Buyers and Sellers of most freehold property in Queensland now need to be aware of the shift in the ‘buyer beware’ contracting position to a mandatory Seller disclosure regime to be introduced under the new Property Law Act 2023 (Qld) (the New Act). This New Act will affect registered residential and commercial freehold properties and will commence on 1 August 2025. Whilst freehold property is affected by the New Act, it will not affect off-the-plan contracts for the sale of unregistered freehold residential and commercial properties. Those off-the-plan sales will continue to… Continue Reading
If you’re buying or selling property in Queensland, you’ll need professional guidance to navigate the complexities of the conveyancing process. At ABKJ Lawyers, we offer expert conveyancing services tailored to the unique needs of Queensland property transactions. Here’s a closer look at what we do and how we can assist you throughout your property journey.
What is transfer duty? Transfer duty, also referred to as stamp duty, is a tax imposed by the Queensland Government on the sale or transfer of property in the state. The Queensland Government offers various concessions to transfer assessed on dutiable transactions including the first home concession and first home vacant land concession. The first home concession applies to individuals who are purchasing their first property. In order to be eligible, individuals applying for the concession must be acquiring the property without ever having held an interest in another property (even overseas). Further, the individual applying for the concession must… Continue Reading
On 6 May 2024, certain sections of the Family Law Act 1975 (“the Family Law Act”) that govern parenting matters changed. These changes impact all parenting cases that are currently before the Federal Circuit and Family Court of Australia (“Court”) regardless of when the parenting case was started. The Best Interests of a Child In this article, we will consider the repeal of old provisions in the Family Law Act that previously governed how the Court would determine what was in a child’s best interests, and the creation of new factors that the Court must now consider. How does the… Continue Reading
On 6 May 2024, certain sections of the Family Law Act 1975 (“the Family Law Act”) that govern parenting matters changed. These changes will immediately affect all parenting cases that are currently before the Federal Circuit and Family Court of Australia (“Court”) regardless of when the parenting case was started. The Family Law Amendment Act 2023 substantially reforms aspects of the Family Law Act that relate to how parenting matters are determined. The major reforms include: The removal of the presumption of equal shared parental responsibility; The removal of the pathway for making orders about the time children spend with… Continue Reading
