Queensland has introduced a significant reform to its trust laws with the Trusts Act 2025 (Qld) (the Act), which will replace the long-standing Trusts Act 1973 (Qld). The Act has received Royal Assent, with the Attorney-General indicating an intended commencement of 28 April 2026, subject to proclamation. The new Act modernises and simplifies the legal framework governing trusts, introduces clearer rules for trustees, and strengthens protections for beneficiaries. For individuals and businesses operating through trust structures, it is important to understand how these changes may affect existing arrangements. Key Takeaways The new Act replaces legislation that has been in place… Continue Reading
For many businesses, the premises they operate from are an important part of the business itself. A shop, office, warehouse or commercial suite may provide the base from which the business serves customers, stores stock, manages staff, or builds goodwill in a particular location. Where a business operates from leased premises, the ability to remain in that location can be important for stability and continuity. A lease renewal may allow the tenant to continue occupying the premises after the initial term ends, but renewal rights are often subject to strict conditions and timeframes. Understanding how lease renewal works is important… Continue Reading
An often overlooked issue when preparing a Will is the applicability of any taxes when the estate is distributed. While inheritance tax or death tax does not apply in Queensland, other federal and state taxes such as Capital Gains Tax and Transfer Duty (Stamp Duty) can affect your estate. When preparing your Will, it is important to discuss with your lawyer and financial planner the appropriate estate planning strategies that will minimise any applicable taxes related to your assets and the effect they may have on your beneficiaries. Key Takeaways Inheritance tax or death tax does not apply in Queensland…. Continue Reading
The deterioration of a loving relationship is usually a dreaded outcome for all those involved. In addition to the emotional toll it takes on a person, there is always the added stress of dividing up property and finances. Add on top of this a potential custodial battle for any children involved, and you have the recipe for a protracted and emotional legal battle. To prevent some of this heartache, a couple can enter into what is called a Binding Financial Agreement or BFA. Key Takeaways A Binding Financial Agreement can help couples set out how assets, liabilities and other financial… Continue Reading
When you purchase property with another person, your solicitor will ask you: Joint Tenants or Tenants in Common? The purpose of this article is to explain the difference between these terms and how your decision can affect you in the future, particularly from an estate planning perspective. Key Takeaways Joint tenants each hold the same and equal interest in a property and share profits and responsibilities equally. One key feature of joint tenancy is the survivorship rule, where a deceased owner’s share passes to the surviving joint owner or owners. Tenants in common each hold a separate interest in the… Continue Reading
The Queensland Government has recently passed laws which will effectively end the legal effect and status of Certificates of Title (title deeds) issued with respect to land in Queensland. Key Takeaways Paper Certificates of Title in Queensland no longer have legal effect for land dealings from 1 October 2019. Queensland has operated an electronic titling system for many years, which has reduced the practical need for paper title deeds. Holding a paper Certificate of Title as security no longer prevents further dealings with land from being lodged. Copies of property title information can still be obtained through Titles QLD, including… Continue Reading
The recovery of unpaid body corporate levies is an issue close to the heart of most body corporate committees and managers. Experienced delinquent owners can in some cases drag out the process for many years and even avoid payment entirely. This article will focus on the practical steps a body corporate needs to take when issuing its levy statements to maximise the chances that its levies can be recovered quickly and efficiently and this article is not intended to be a substitute for proper legal advice and, if you have any questions, we encourage you to contact us to discuss… Continue Reading
There are many misconceptions about Family Law and, in particular, property settlements and child arrangements. The majority of the tales are sourced from online blogs or people who usually start the conversation with “take it from me, I know”. Key Takeaways Australian family law is a “no-fault” system, and outcomes focus on future needs and (for parenting) the child’s best interests. Property settlements depend on contributions and circumstances — not whose name an asset is in, who “earns the money”, or who is in possession of an asset. Many matters can be resolved without Court, and options exist to formalise… Continue Reading
It can be tempting to use Generative Artificial Intelligence (AI) for the purposes of obtaining legal advice. While AI might appear on the surface to offer a low-cost alternative to seeking legal advice, there are many risks associated with relying on AI in place of a trained legal practitioner. Some of these risks are well-known, while others are less obvious. This article highlights and explains the risks associated with using AI in place of a solicitor. 1. No Duty of Care, Accountability or Regulatory Oversight AI tools are not legal professionals and do not operate under Australia’s regulated legal framework…. Continue Reading
Intellectual property (IP) is often one of the most valuable assets of a business. Trade marks, patents and branding can give a business its competitive edge, underpin its goodwill and materially affect its long-term value. However, IP is also one of the most common sources of risk in business sales. At ABKJ Lawyers, many of the IP issues we encounter arise not from complex theory, but from practical problems such as incomplete disclosure, unclear registration status and unresolved ownership issues. These risks frequently involve trade marks and patent applications and, if overlooked, can undermine the value of the transaction. What… Continue Reading
