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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.
7 Legal Matters Small Businesses Need to Think About
Starting a small business is an exciting time, but it can also be overwhelming, especially when you’re dealing with different legal requirements. From employment contracts to insurance policies, there are several matters that can impact how you can operate efficiently and protect your business from potential legal issues
Is your Binding Death Benefit Nomination valid?
Is your binding death benefit nomination valid? In the case of Williams v Williams & Anor [2023] QSC 90 a Binding Death Benefit Nomination was found to be invalid because it did not comply with the specific requirements of the SMSF’s governing rules.
How Do I Deal with the Commercial Lease When I Sell or Buy a Business?
Selling or buying a business can be a thrilling experience, but it also involves many legal considerations. One of the most crucial aspects is dealing with the commercial lease agreement.
Trustees beware
As a trustee, you have a crucial obligation to act in good faith, responsibly, and reasonably. You must inform yourself of all relevant matters before making any decisions and seek professional advice when required. Failure to do so can result in serious consequences, such as being removed as a trustee or held personally liable for losses suffered by the trust or beneficiaries.
![Case Summary: Babstock Pty Ltd V Laurel Star Pty Ltd [2022] QCA 63](https://images.squarespace-cdn.com/content/v1/5e5cbf2f0e4624584d995443/1690893941064-ZNXJVRC50ZQ2M0F87GHA/Case%2BSummary_%2BRental%2BRoll.jpg)
Case Summary: Babstock Pty Ltd V Laurel Star Pty Ltd [2022] QCA 63
Laurel Star Pty Ltd v Babcock & Ors concerned the sale of a rent roll in real estate. Babstock sold a letting business and appointments by property owners to Laurel Star. This case highlights the importance of interpreting commercial contracts and careful consideration of appointment and assignment clauses.
Does your Trust owe money to your estate?
Some estate executors may be surprised to discover that financial statements of trusts controlled by the deceased show that the trust owes the deceased money, either as loans or unpaid present entitlements.
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