NEWS + BLOG

Understanding Australia's Revamped Help to Buy Scheme: A Legal Perspective
The revamped Help to Buy scheme presents both opportunities and complexities. While it aims to make home ownership more accessible, it comes with its set of criteria and limitations that prospective applicants must closely examine.

How to Navigate Project Development Agreements
We explore the key aspects of navigating project development agreements in Australia to help stakeholders understand the intricacies and help work towards favourable outcomes for all parties involved.

What if I want to Secure a Lease Before the Property is Built?
Choosing the right location can make or break your business; but securing the right position can be a challenge. An increasingly popular solution is an agreement for lease.

Case Summary: Cole v Walsh
This dispute centred around lease covenant clause 29, which obligated the club to certain RSL-related activities. When the RSL sold the land, the club argued it was no longer bound by these obligations. However, the court determined that these obligations were personal to the RSL and did not transfer with the land, ruling in favour of the RSL and awarding $182,000 in damages. This case serves as a reminder of the complexities in property transactions and leases for both lessors and lessees.

Case Summary - Southport Memorial Club Inc v Returned and Services League of Australia (Queensland)
We explore a recent case which highlights the importance of understanding lease covenant nature, the legal implications of selling leased land, serving as a reminder of the complexities in property transactions and leases for both lessors and lessees.

Gift or Sale? Exploring Options for Property Transfer Between Family Members
Today, we’re diving into the legal world of property transfers, uncovering the intricacies of gifting and selling (including stamp duty implications of each option) and exploring how they fit into the larger picture of estate distribution.

Seller’s Disclosure Regime Property Law Bill 2023
A new bill before Queensland Parliament - the Property Law Bill 2023 - is an initiative that will introduce a seller disclosure scheme for property transactions in the region, as is already in place in NSW and Victoria. In this blog, we outline what application of this bill may mean for buyers and sellers.

How Conveyancing Lawyers Help Navigate the Legal Landscape of Buying Off the Plan
At Bradley & Bray, our experienced team of conveyancing lawyers understands the intricacies of off-the-plan purchases in Australia, particularly in Queensland. Today, we’ll share how conveyancing lawyers play a vital role in assisting buyers throughout the process and ensuring a smooth & legally sound transaction.

Essential Considerations When Buying Rural Property in Queensland
Discover the essential considerations when buying rural property in Queensland. From water entitlements to GST exemptions, this blog explores the unique challenges of rural land purchases. Learn how our property lawyers in the Sunshine Coast can guide you through the process effectively.

7 Estate Planning Mistakes Blended Families Must Avoid
Planning your estate is important to secure the future for your loved ones after you're gone. But if you're part of a blended family, the process can be more intricate due to the complex relationships involved. In this blog post, we delve into the world of blended family estate planning and highlight seven common mistakes that you should steer clear of.

Successful Resolution in Grant of Probate Estate Dispute
Winning an estate dispute can sometimes be a tough battle, especially when allegations of undue influence and concerns about the Willmaker's capacity are thrown into the mix. But, as we proved in a recent matter, with the right evidence and a strong legal team, victory can be had.

Digital Assets in a Will: How to Protect Your Digital Wealth
Just like planning for your physical and financial assets, arranging for what will happen to your digital assets after you die is important. Including them in your will is the best way to make sure your digital legacy is passed on in the way you intended.

Case Summary: Townsville Pharmacy and V Quattro
The Supreme Court of Queensland recently resolved a dispute between Townsville Pharmacy and V Quattro over the interpretation of a contract granting an option to purchase a business. The case examined the minds of a ‘reasonable business-person’ and whether the contract was enforceable. It highlights the importance of a clear and unambiguous contract, and the need for legal advice to ensure contracts are legally binding and enforceable.

How Can Conveyancing Lawyers Help You Buy Property Through Your SMSF?
If you are contemplating the purchase of property within your self-managed super fund (SMSF), you may be interested in understanding how the conveyancing process can aid you in securing the ideal property. In the following discussion, we delve into the ways in which conveyancers can benefit your SMSF property investment.

Why Due Diligence Matters When Buying a Family Business
So, you’re considering acquiring a family-owned business? That’s an exciting prospect! But before you sign on the dotted line and embark on this new venture, it’s crucial to understand the pivotal role due diligence plays in the process. Here’s why due diligence is a non-negotiable step when buying a family business in Australia.

Can My De Facto Make a Claim on My Estate?
In recent years, de facto partnerships have become increasingly prevalent in Australia. As more couples choose to live together in committed relationships without getting married, it’s vital to recognise the impact these relationships can have on your estate planning. So through this blog post, we aim to provide valuable insights and knowledge regarding the question that may be on your mind: “Can my de facto make a claim on my estate and what can a de facto claim?”

Changes to Unfair Contract Terms – Is Your Business Ready?
Is your business using standard documents to contract with customers and suppliers? If you answered yes, then you need to know about changes to Australia's Unfair Contract Terms (UCT).

I Want to Buy a Business – Do I Buy the Business, or the Company That Owns It?
Deciding whether to buy an established business or buy a company that owns an existing business can be a complex choice to make. In this article, we offer an analysis of the benefits and risks of each option, and a practical guide to help you navigate this important decision with clarity.

Implications for Discretionary Trusts
The webinar attended by Peter Griffin and Chloe Whereat highlighted the need for legal advisers to be diligent in reviewing trust deeds and ensuring they are tailored to the client's specific needs and objectives.

What's the Difference Between Challenging and Contesting a Will?
A good start is understanding the differences between 'challenging' and 'contesting' a will. While they may seem like the same thing, there are actually many differences between contesting a will and challenging a will in Queensland. To know where you stand and what your options may be, continue reading as we explain the differences.
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