Frequently Asked Questions

My Community Legal offers free walk-in legal advice every Thursday night at Robina and Tuesday nights at St Vincent's in Southport. Sessions are staffed by qualified volunteer lawyers covering family law, civil disputes, migration, fencing disputes, and more.

We believe in transparency. For many standard matters (like Wills or Conveyancing), we offer fixed-fee quotes so you know exactly what you will pay. For complex litigation or family law, we charge for an initial consultation where you receive detailed strategic advice, not just a sales pitch.

We understand legal costs can be unexpected. For many matters, we can arrange flexible payment plans or 'pay at the end' arrangements (deferred payment) depending on the case type (e.g., property settlements). We also accept credit cards and third-party funding.

Need a legal consultation? We offer in-person strategy sessions at our Southport office and secure Zoom or phone meetings for follow-ups and remote clients.

Can't afford legal fees upfront? We partner with JustFund to provide legal financing for family law and estate disputes. Pay only after your case is settled.

Yes. While our building does not have reserved visitor spots, there is street parking available on Scarborough Street and several secure multi-level carparks within walking distance.

Criminal law involves the state prosecuting a person for an offence to punish them. Civil law involves disputes between individuals or businesses, usually seeking compensation or a specific action. The 'burden of proof' in criminal law is 'beyond reasonable doubt', whereas in civil law it is the lower 'balance of probabilities'.

A partnership agreement is vital for preventing disputes. It should cover capital contributions (who pays what), profit/loss splitting, decision-making powers, dispute resolution mechanisms (like mediation), and crucially, an 'exit strategy' (what happens if a partner wants to leave, dies, or retires).

Yes. While the Company Constitution covers the basics, a Shareholders Agreement is a private contract that handles the 'what ifs': What if a shareholder dies? What if they want to sell their shares to a stranger? It includes Drag Along/Tag Along rights and deadlock-breaking mechanisms that save companies from destruction.

In Queensland, the time limit for most commercial or contractual disputes is 6 years from the date the breach occurred. For personal injury claims, the limit is much shorter, typically 3 years. These limits are defined by the Limitation of Actions Act 1974 (Qld). Missing these deadlines usually means you lose your right to sue entirely.

The main difference is liability. A Sole Trader is personally liable for all business debts, meaning your house and car are at risk. A Pty Ltd Company is a separate legal entity causing a 'corporate veil' that protects your personal assets (limited liability), though it comes with higher setup and compliance costs.

Litigation is expensive and public. We prioritise Alternative Dispute Resolution (ADR) methods. These include 'Without Prejudice' negotiation, Mediation (where a neutral third party helps facilitate a deal), and binding Arbitration. Most commercial contracts now contain mandatory dispute resolution clauses requiring these steps before you can sue.

Not necessarily. If you make a joint application with your spouse, the divorce process is largely administrative and court attendance is usually not required. However, if you make a sole application and there are children under 18, you or your lawyer must attend the hearing.

Under the *Family Law Act*, superannuation is treated as property and can be split between spouses. It can be divided by agreement (Superannuation Splitting Deed) or court order. Unlike other assets, split super must remain in a super fund until the recipient reaching their 'preservation age'—it is not usually paid out as cash.

You must be separated for a continuous period of at least 12 months before you can apply for a divorce in Australia. It is possible to be 'separated under one roof' during this time, but you will need to provide additional evidence to the court.

Separating from a de facto partner in Queensland? Learn about your legal rights to asset division, superannuation, and parenting under the Family Law Act. Note the strict 2-year deadline for property settlement claims.

Property isn't always split 50/50. Our Southport lawyers explain the Family Court's 4-step process for asset division: identifying the pool, assessing contributions, adjusting for future needs, and ensuring just results.

Consent Orders are legally binding court orders made by agreement between parties, without the need for a court hearing. They are highly recommended because they finalize your financial relationship (preventing future claims), make the agreement enforceable, and often provide stamp duty exemptions on property transfers.

You should review your Will every 3–5 years or whenever a significant life event occurs. Critical triggers include marriage (which automatically revokes your Will), divorce (which cancels gifts to your ex-spouse), separation (which has NO effect, leaving your ex-spouse as beneficiary), or the birth of children.

If you die intestate (without a will), your estate is distributed according to rigid statutory formulas in the *Succession Act 1981* (Qld). This often means assets pass to relatives you may not have chosen, and your spouse may be forced to share the estate with children. It also requires a more complex application for 'Letters of Administration' rather than Probate.

While 'Newsagency Will Kits' are legal if executed correctly, they are risky. Common errors include ambiguous wording, failing to dispose of the entire estate (partial intestacy), and incorrect witnessing. These mistakes often require expensive Supreme Court applications to fix, costing the estate far more than a professional will.

Probate is a Supreme Court document confirming a Will's validity and the executor's authority. It is not legally required for every estate, but is typically mandatory if the deceased held real estate (in their sole name) or held significant cash in bank accounts (usually over $50k), or if an institution (like a nursing home) demands it for liability protection.

On average, the Probate process in Queensland takes 8 to 12 weeks from the date you instruct a lawyer. This timeframe is composed of a mandatory 14-day notice period, time for document drafting/signing, and the Supreme Court registry's current processing queue (currently 4-6 weeks).

Yes. In Queensland, eligible persons (spouses, children, and certain dependents) can apply to the Supreme Court for a 'Family Provision Application' if they have been left out of a Will or inadequately provided for. Strict time limits apply: you must generally give notice within 6 months and file within 9 months of the death.

On settlement day, your lawyer meets (electronically) with the other party's lawyer and the banks to exchange funds for the property title. You do not need to attend. Once the transaction is verified and complete, the real estate agent is authorised to release the keys to you.

Yes. A Form 6 is a legally binding contract that governs how much and when you pay an agent. Standard terms often require you to pay commission even if a sale doesn’t complete due to a vendor “default”. With new disclosure laws, a …

To evict a residential tenant for unpaid rent, they must be at least 7 days in arrears. You must then issue a Form 11 Notice to Remedy Breach. If they do not pay within 7 days, you can issue a Form 12 Notice to Leave. You cannot physically remove the tenant yourself; you must apply to QCAT for a warrant of possession if they refuse to vacate.

In Queensland, most residential property contracts have a statutory 5-business day cooling-off period that allows buyers to withdraw from a contract after signing.

How the Cooling-Off Period Works

Duration: 5 business days (excludes weekends and …

QCAT is designed as a 'self-representation' tribunal, meaning you usually need the Tribunal's permission (leave) to have a lawyer represent you. However, most successful landlords and tenants engage lawyers for 'behind-the-scenes' support, including drafting the application, preparing the evidence bundle, and formulating the legal arguments.

The standard settlement period in Queensland is usually 30 days from the contract date, though this is fully negotiable. 'Time is of the essence' applies strictly in Queensland, meaning deadlines are critical. New REIQ contracts may allow for short extensions in specific circumstances.

Insurers are increasingly denying claims due to 'misrepresentation of controls'. This happens when a business claims to have security measures like multi-factor authentication (MFA) or the Essential Eight implemented, but an investigation reveals they were either missing, partially implemented, or not enforced across all systems. Non-compliance with the Cyber Security Act 2024 reporting obligations can also complicate claims.

Under the Cyber Security Act 2024, businesses with an annual turnover exceeding $3 million must report any ransomware payment made to the Australian Signals Directorate (ASD) within 72 hours. This reporting is mandatory regardless of whether you recover your data. Failure to report can result in significant penalties.

Insurers now distinguish between having Multi-Factor Authentication (MFA) available and having it strictly enforced. To be 'enforced', MFA must be mandatory for all users across all platforms (Microsoft 365, VPNs, cloud services) and, crucially, legacy authentication protocols must be disabled to prevent attackers from bypassing the MFA prompt.

Essential Eight Maturity Level 2 is a compliance tier defined by the Australian Signals Directorate (ASD). It requires businesses to have managed, semi-automated security controls across eight key areas, providing protection against more persistent and slightly more sophisticated threats than 'Maturity Level 1'. Many insurers now require Level 2 as a baseline for coverage.

Trust your instincts. If an email or text feels wrong—even slightly—pause before clicking any links. Scammers now use AI to craft highly personalised messages that imitate banks, government agencies, and even your CEO. Verify requests independently by calling the organisation directly using a number you find yourself.

Act immediately. Under the Notifiable Data Breaches (NDB) scheme, if a breach is likely to result in serious harm, you must notify the OAIC and affected individuals within 30 days. Engage legal counsel and forensic IT specialists immediately to contain the breach, assess what data was accessed, and manage your regulatory obligations.

It is strongly recommended. Even a 'minor' offence like public nuisance or shoplifting can result in a recorded conviction that impacts your travel and employment for life. A lawyer can advocate for 'no conviction recorded' and negotiate with police to reduce the charges or facts.

In Queensland, you may be eligible for a Restricted (Work) License if you can prove that losing your license would cause 'extreme financial hardship' to you or your family. You must apply at the time of your court appearance and meet strict eligibility criteria regarding your BAC level and driving history.

You have the right to remain silent. You must provide your name and address, but strictly do not answer other questions or participate in a record of interview until you have spoken to a lawyer. Ask to telephone a lawyer immediately. What you say can and will be used against you.

Summary offences are less serious matters (like public nuisance or minor traffic offences) heard by a Magistrate alone. Indictable offences are more serious crimes (like theft, assault, or fraud). While serious indictable offences must be heard by a Judge and Jury in higher courts, many can be dealt with 'summarily' in the Magistrates Court to save time and costs.

Bail is the written promise to appear in court on a specific date. In Queensland, there is generally a presumption that a person should be granted bail unless there is an unacceptable risk of them failing to appear, reoffending, or endangering the public. Strict conditions (like curfews or reporting to police) often apply.

You should never plead guilty without legal advice. Even if you 'did it', the police may have charged you with the wrong offence, or the 'facts' they have written might be exaggerated. Pleading guilty early acts as a mitigating factor to reduce your sentence, but you must ensure the charge is correct first.

Breaching a DVO under s139 of the DFVP Act is a criminal offence that police prosecute aggressively. Even 'technical' breaches like sending a text message can lead to arrest and prison time. You should stop all contact immediately, do not answer police questions, and seek legal advice to determine if the 'knowledge' of the order can be challenged. Penalties increase significantly for repeat offenders.

A Domestic Violence Order (Protection Order) is a civil court order designed to stop a person from committing domestic violence against another. It sets strict conditions, such as 'be of good behaviour' or 'do not contact'. While the order itself is civil, breaching it is a serious criminal offence.

Coercive Control is a new and highly serious criminal offence in QLD (effective mid-2025). It targets a 'pattern' of abusive behaviour intended to dominate or control a partner. You should strictly remain silent, avoid all digital contact, and engage a specialist criminal lawyer immediately. Penalties are severe, reaching up to 14 years imprisonment.

You can apply for a DVO by filing a Form DV01 with the Magistrates Court (a Private Application), or the police can apply on your behalf (a Police Application). The application must set out the details of the violence and why an order is necessary and desirable for your protection.

Consenting to a DVO 'without admission' is a common way to resolve a DV application quickly. It means you agree to follow the protection order, but you do NOT admit that you committed any violence. This avoids a trial and detailed findings of fact against you, while still giving the other party the protection they ask for.

Breaching a DVO is a criminal offence, not a civil matter. Even a 'minor' breach like sending a non-threatening text message can result in arrest, a permanent criminal record, and up to 3 years imprisonment (or 5 years if you have a prior breach in the last 5 years).

In many cases, no. Your share of any real estate equity typically transfers to your Bankruptcy Trustee. However, you may be able to 'buy back' the equity from the Trustee, or if the house has no equity (is 'underwater'), the Trustee may allow you to stay while you continue paying the mortgage.

A Statutory Demand is a critical legal document. You have exactly 21 days to either pay the full amount or apply to the Supreme Court to set it aside. If you do nothing, your company is legally presumed insolvent, and the creditor can immediately apply to wind up (liquidate) your company. Do not ignore it.

A Director Penalty Notice (DPN) is a powerful tool used by the ATO to make company directors personally liable for a company's unpaid tax debts, specifically PAYG withholding, Superannuation Guarantee Charge (SGC), and GST. Receiving one is a critical legal emergency.

The key difference is who is insolvent. 'Bankruptcy' applies to individuals (natural persons). 'Liquidation' (Winding Up) applies to companies. While bankruptcy generally lasts for 3 years and releases you from most debts, liquidation usually results in the permanent closure of the company.

A Winding Up Application is a court process initiated by a creditor (usually after a Statutory Demand expires) to force a company into liquidation. If successful, the Court appoints a liquidator to take control of the company, sell its assets, and pay creditors.