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Frequently Asked Questions

Free legal answers from Bell & Senior Lawyers. Browse FAQs on Wills, family law, domestic violence, employment, commercial leasing, bankruptcy, and more.

Important Legal Disclaimer

The information provided on this page is general legal information only and is not specific legal advice tailored to your individual circumstances. Laws change regularly and every situation is unique.

We strongly advise you to contact us to discuss your specific situation before proceeding with any action based on the information provided here.

Welcome to our comprehensive FAQ library. Below you’ll find answers to the most common questions we receive, organised by practice area. If you can’t find the answer you’re looking for, please contact our team for personalised assistance.

Neighbourhood Disputes

Neighbourhood Disputes. If you live on the Gold Coast, close proximity to your neighbours can sometimes lead to friction over dividing fences and trees.

Who is liable if a neighbour's tree damages my fence or roof?
Under Queensland law, the owner of the property where the tree originates is typically liable for repair costs if their tree falls and damages a neighbour's fence or roof.
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Who is responsible for a retaining wall between two Queensland properties?
Responsibility for a retaining wall on or near a property boundary in Queensland generally falls on the owner who benefits from the wall — that is, the owner whose soil the wall is retaining. It is not automatically shared 50/50. QCAT cannot directly hear retaining wall disputes unless a dividing fence is also in dispute.
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Who is responsible for overhanging tree branches in Queensland?
Disputes over tree branches crossing property lines are common in Queensland, but the law sets out a very specific process that must be followed. The primary legislation is the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) (the …
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Can QCAT solve my dividing fence dispute in Queensland?
If you cannot agree with your neighbour on repairing or replacing a dividing fence, QCAT can make a binding legal decision to resolve the dispute.
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Can I force my neighbor to trim trees blocking my view or solar panels in QLD?
Queensland law does not guarantee a right to a view or sunlight. You generally cannot force a neighbor to cut down trees or bamboo just because it shades your solar panels.
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Can I claim compensation if a neighbour's tree roots damage my pipes or pool?
Under Queensland law, if you can prove a neighbor's tree roots have caused 'unreasonable interference' or damage to your property, you may apply for QCAT orders for repairs and compensation.
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Dispute Resolution FAQ

Queensland dispute resolution frequently asked questions covering QCAT consumer trader disputes, mediation, and civil claims.

Can I Take a Faulty Car Repair Dispute to QCAT?
A dispute over a car service that goes wrong is a common consumer complaint, and Queensland’s tribunal system provides an accessible pathway to resolve it without engaging in expensive litigation. What Is a Consumer Trader Dispute? QCAT’s …
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General

Answers to common legal questions about JustFund fee funding, what to wear to court, being sued, and what to expect from your first appointment with a lawyer.

Where can I get free legal advice on the Gold Coast?
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 q...
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How much does an initial consultation cost?
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 comp...
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Rules for Storing and Transporting Petrol in Jerry Cans in QLD
Are you storing fuel at home or transporting petrol in a jerry can? Queensland law dictates strict limits based on where it's stored to prevent fire hazards and insurance voids.
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Do you offer payment plans?
We understand legal costs can be unexpected. For many matters, we can arrange flexible payment plans or 'pay at the end' arrangements (deferred payment) depe...
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Can I have a consultation via phone or video (Zoom)?
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.
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Do you offer funding for Family Law or Wills and Estates?
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.
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Commercial Law

Find clear answers to complex Commercial Law questions in Queensland. Our Southport solicitors explain make-good clauses, retail shop lease protections, rent

Are Verbal Agreements Legally Binding in Australia?
Yes, verbal agreements can be legally binding in Australia if there is a clear offer, acceptance, consideration (like a deposit), and certain terms.
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Can I completely exclude liability in my SaaS agreement?
No. Under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), a business acquiring software is deemed a consumer if the price does not exceed $100,000, or if the software is of a kind ordinarily acquired for …
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How many investors can I raise capital from without a prospectus?
Under the Corporations Act 2001 (Cth), raising capital without a disclosure document is a criminal offence unless a statutory exemption applies. Startups typically rely on the small scale offering exemption under s 708(1), which permits raising up to …
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What business structure should I use for my Queensland tech startup?
For high-growth technology startups, a dual-company structure is the industry standard. This involves a Holding Company (HoldCo) that owns all intellectual property, source code, and trade marks, and an Operating Company (OpCo) that conducts the …
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What is a PPSR registration and why does my startup need it?
The Personal Property Securities Register (PPSR) records security interests in personal property under the Personal Property Securities Act 2009 (Cth). If your startup uses a HoldCo/OpCo structure, the HoldCo must register its security interest over …
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What is a statutory demand?
Where a creditor is owed a liquidated debt of $4,000 or more by a company, they may serve a statutory demand under s 459E of the Corporations Act 2001 (Cth). If the debtor company fails to pay the debt or apply to set aside the demand within a strict …
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Administrative Law FAQs

Answers to common questions about administrative law, merits review, judicial review, and challenging government decisions in Queensland.

What can an Ombudsman actually do about a government decision?
When court action to challenge a government decision is too expensive, the Ombudsman represents a free, powerful alternative. Andrew Bell explains the powers, investigations, and findings of state and federal Ombudsmen.
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What is Administrative Law in Queensland?
Administrative law is one of the most rapidly developing areas of Australian law, yet most people have never heard the term. If you have ever had a licence refused, seen a development approved near your home, or disagreed with a decision made by a …
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What does the Queensland Human Rights Act 2019 add to an administrative law challenge?
The Human Rights Act 2019 (Qld) requires all Queensland government entities to act and make decisions compatible with 23 protected human rights. Andrew Bell explains how this adds a powerful lever to administrative law challenges.
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What is the difference between merits review and judicial review?
When challenging a government or council decision in Queensland, the single most important question to answer first is: which type of review is available to you? The answer shapes everything: which court or tribunal you go to, what outcome you can …
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Does an online petition have any legal force in Queensland?
Online campaigns on Change.org often collect thousands of signatures but carry no legal status. Andrew Bell explains the formal e-petition process that forces a ministerial response in Queensland's Parliament.
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Who has standing to challenge a government or council decision in Queensland?'
Standing is the threshold question in any administrative law challenge. Before asking whether you can win, you must first ask whether you are legally entitled to bring the challenge at all. Get this wrong and your application will be dismissed before …
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Family Law

Gold Coast family law answers: separation, divorce, parenting arrangements, property settlements, financial agreements and court process in Queensland.

Can a Trust Protect an Inheritance From Your Child’s De Facto Partner?
Can a trust protect an inheritance from your child’s de facto partner? A testamentary trust or discretionary trust may assist with succession planning and asset control, but it does not automatically keep an inheritance outside a de facto property …
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Can a Parent Relocate With a Child After Separation?
Can a parent relocate with a child after separation? A parent may be able to relocate, but a move that materially affects a child’s relationship with the other parent can require agreement or a court decision. There is no automatic right to relocate …
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How Can Parenting Arrangements Be Changed?
How can parenting arrangements be changed? The answer depends on whether you have an informal arrangement, a parenting plan or parenting orders. When both parents agree, change can often be documented comparatively efficiently. Where there is …
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Parental Responsibility vs Time Spent With Children: What's the Difference?
One of the most misunderstood distinctions in Australian family law is the difference between parental responsibility and time spent with a child. They are decided separately, and getting less time does not automatically mean getting less say. What …
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Is There a 50/50 Custody Presumption in Australia?
Many separating parents still assume Australian family law starts from an even 50/50 split of a child’s time. That assumption is no longer accurate. What changed in 2024? The federal Labor government removed the presumption of equal shared …
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What Is the Best Interests of the Child Test in Family Law?
The best interests of the child is the single factor an Australian court must place above every other consideration when deciding a parenting dispute. It shapes where a child lives, how time is shared, and who makes major decisions about their …
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Planning & Environment FAQs

Answers to common questions about planning, development applications, environmental approvals, and council decisions in Queensland.

What is an impact assessable development application in Queensland?
In Queensland, not all development applications give the public the right to object or appeal. Whether you have any formal legal standing depends almost entirely on what category the application falls into under the Planning Act 2016 (Qld) and …
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What is a code assessable development application and can it be challenged?
In Queensland’s planning system, development applications are categorised by the level of assessment they require. If a development proposed near your home is code assessable, the rules regarding public participation are very different from the …
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How do I make a properly made submission on a development application in Queensland?
If a development is proposed in your neighbourhood and it is categorised as an “impact assessable” application, the public has the right to object. However, simply writing an angry letter to your local councillor or signing an online …
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What approvals does the Springbrook Cableway need before it can proceed?
The proposed Springbrook Cableway project is a complex development that faces multiple independent approval regimes across federal, state, and local jurisdictions. All of these regimes must be satisfied before the project can proceed. 1. Federal …
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How do I appeal a development approval to the Planning and Environment Court?
If your local council has approved an impact assessable development application that you strongly oppose, and you successfully lodged a properly made submission during the public notification period, you have the right to appeal the decision to the …
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Wills & Estates

Protect your family's future with experienced Wills and Estates advice. Our Southport lawyers answer common questions about drafting valid Wills, achieving

Can a Grandchild Challenge a Will in Queensland?
Can a grandchild challenge a will in Queensland? Sometimes, but not automatically. A grandchild does not receive an automatic right to challenge a grandparent’s will simply because of the family relationship. Eligibility for a family-provision …
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Can an Interstate Child Be My Queensland Attorney or Executor?
Can an interstate child be my Queensland attorney or executor? Usually, yes. An adult child who lives in another state can generally be appointed as an attorney in a Queensland enduring power of attorney and named as executor in a Queensland will. …
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Is a Copy of an Advance Health Directive Legally Binding in Queensland?
An advance health directive is meant to give you certainty that your medical wishes will be followed if you lose the capacity to speak for yourself. That certainty depends entirely on where the original document sits. Why does the original matter so …
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Can a spouse challenge a will that leaves the family home to the other party?
Can a spouse challenge a will that leaves the family home to the other party? In Queensland, a surviving spouse (including a de‑facto partner) who feels inadequately provided for by a will can bring a family provision claim under the Succession Act …
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Who Should Hold My Enduring Power of Attorney and Health Directive?
An enduring power of attorney (EPOA) and an advance health directive are two of the most important documents you can put in place for later life, particularly if you become unable to make decisions yourself. However, they only work properly if the …
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What If an Executor Does Not Distribute an Estate Properly?
Executors occupy a position of trust. When someone dies, the executor named in their will is responsible for administering the estate according to the will and the law. Most executors do this diligently. Occasionally, however, beneficiaries believe …
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Guardianship & QCAT FAQs

Guardianship & QCAT FAQs. Guardianship laws protect vulnerable adults who have impaired capacity to make their own decisions.

How to Apply for QCAT Guardianship in Queensland
If a family member lacks capacity and has no power of attorney, you may need to apply to QCAT for guardianship. Being next of kin alone does not give you legal authority to make binding decisions — a formal guardianship order is required.
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What can I do if a family member has been removed to care by a non-family carer?
If a vulnerable relative, such as someone with dementia, has been suddenly moved into care and isolated from family by an unrelated person, immediate action is necessary to protect their welfare and estate. 1. Check for Formal Legal Orders Without a …
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How do I apply to QCAT to become a guardian for a family member in Queensland?
If a family member—such as an aging parent with dementia or a relative with an intellectual disability—loses the capacity to make their own decisions and has not executed an Enduring Power of Attorney, you cannot simply step in and make legal, …
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What is coercive control and financial abuse under Queensland law?
Domestic violence is not always physical. Coercive control involves an ongoing pattern of behaviour designed to isolate, manipulate, and exert power over a person. It is insidious and often precedes physical violence, but it is equally damaging when …
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Property Law

Find experienced answers to common property law and conveyancing questions on the Gold Coast. Our Southport team explains the buying and selling process,

Do Boundary Encroachments Matter for My Executor?
Boundary lines rarely attract much attention until something goes wrong. A neighbour’s driveway, fence or underground services may sit partly on your land for years without anyone raising the issue. While that might be tolerable during your lifetime, …
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What happens on property settlement day in Queensland?
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 t...
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Should I get legal advice on a Form 6 before appointing an agent?
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 …
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What is a sunset clause in an off-the-plan contract in QLD?
A sunset clause allows either party to terminate the contract if the development isn't completed by a specified date. While originally designed to protect buyers from endless delays, unscrupulous developers have exploited them to cancel contracts and resell at higher prices.
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How do I evict a tenant in Queensland for unpaid rent?
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...
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What is the cooling-off period when buying a house in Queensland?
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 …
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Technology

Technology & Cyber Risk Law FAQs. Guidance for startups, software companies, and e-commerce businesses on legal compliance, cyber risk management, and

Are FPV Goggles, Night Flying and Beyond-Visual-Line-of-Sight Flights Legal?
Are FPV goggles, night flying and beyond-visual-line-of-sight flights legal? These features and flight styles raise additional legal and safety questions; do not assume that a capable drone makes the operation permitted. Standard CASA rules include …
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Can I Fly a Drone for My Business or Social Media?
Can I fly a drone for my business or social media? Possibly, but a flight connected with work, marketing or commercial benefit must be assessed differently from a purely recreational flight. Business use may trigger CASA registration, accreditation, …
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Can I Fly a Drone Near an Airport or Helicopter Landing Site?
Can I fly a drone near an airport or helicopter landing site? You should not assume that a flight near an airport, heliport or helicopter route is permitted. CASA’s restrictions depend on the aerodrome, the drone’s weight and the proposed location, …
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Can I Fly a Drone Over Beaches, Parks or Crowds?
Can I fly a drone over beaches, parks or crowds? Often, the safest answer is no unless the location and conditions clearly allow a compliant flight. Beaches, public parks, sporting grounds, events and tourist areas can raise CASA safety restrictions, …
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Do I Need a Licence to Fly a Drone in Australia?
Do I need a licence to fly a drone in Australia? Not every drone flight requires a Remote Pilot Licence, but some operations require operator accreditation, registration, a RePL, a ReOC or another CASA authorisation. The correct answer depends on the …
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Do I Need to Register My Drone in Australia?
Do I need to register my drone in Australia? It depends on why and how you fly it. Drone registration requirements can apply to certain operations undertaken for business or as part of employment, including flights in CASA’s excluded categories. …
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Defamation

experienced defamation law answers for Gold Coast residents and businesses. From social media posts and fake reviews to receiving a concerns notice: Bell &

What is defamation in Queensland?
Defamation is when a person makes a publication, spoken or written, that has caused or is likely to cause serious harm to another person's reputation. It a...
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What is the serious harm threshold in Queensland defamation law?
Since 1 July 2021, a person cannot bring a defamation claim in Queensland unless they can establish that the publication has caused, or is likely to cause, serious harm to their reputation.
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Can social media posts and text messages be defamatory in Queensland?
Yes. Social media posts (including in private groups), Google Reviews, text messages sent to third parties, and emails can all constitute a 'publication' for...
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Do I need to send a concerns notice before suing for defamation in Queensland?
Yes. Sending a valid concerns notice under section 12B of the Defamation Act 2005 (Qld) is a mandatory pre-condition to commencing defamation proceedings in Queensland since 1 July 2021.
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What do I do if I receive a defamation letter in Queensland?
If you receive a 'concerns notice' alleging defamation, do not ignore it, there are strict timelines and required steps before a claim can be filed. Seek le...
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What are the defamation risks for community Facebook pages opposing a development?
If your community group runs a Facebook page or online forum to oppose a local development, you face substantial defamation risks. Andrew Bell explains the Voller decision and how administrators are liable for comments.
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Consumer

Experienced consumer law answers for Gold Coast residents and businesses. From travel booking cancellations and refund rights to stolen parcels and Australia

What Evidence Should I Keep When Hiring a Rental Car?
What evidence should I keep when hiring a rental car? Take photographs or a continuous video of the vehicle before you drive away and again immediately before return. Keep the agreement, condition report, return receipt and any emails or messages …
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Can I Change Lawyers Partway Through My Case in Queensland?
Feeling uncomfortable with a lawyer partway through a legal matter is a common and entirely manageable situation. You are not locked in. Can you switch lawyers at any point? Yes. You are free to change your legal representation at any time, in any …
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Door to Door Sales and Your 10-Day Cooling Off Rights Under Australian Consumer Law
Under the Australian Consumer Law, you have a mandatory 10 business day cooling-off period to cancel an unsolicited agreement made at your home.
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What are my rights if a travel company cancels my tour and keeps my money?
Understand your legal rights under the Australian Consumer Law if a travel operator cancels your booking and attempts to withhold your money as supplier charges or credit. Andrew Bell explains major failures, unfair terms, and how to get a full refund.
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Can a Club or Not-for-Profit Increase Membership Fees Mid-Year?
If a club committee raises membership fees partway through the year, members have rights to review the constitution and committee meeting minutes. A properly constituted management committee generally has the power to change fees, but members can ask for the basis and documentation.
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Who should lodge the Australia Post insurance claim: buyer or seller?
If a parcel you sent or bought online is stolen or damaged in transit, who has the legal standing to claim compensation from Australia Post? Andrew Bell explains default compensation, Extra Cover, and your consumer rights.
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Criminal Law

Confused about criminal proceedings? Our experienced Southport criminal defence lawyers provide clear answers to common questions about police interviews,

Do I need a lawyer for a minor criminal charge in Queensland?
It is strongly recommended. Even a 'minor' offence like public nuisance or shoplifting can result in a recorded conviction that impacts your travel and emplo...
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I've been charged with drink driving. Can I get a work license?
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 ...
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What should I do if arrested by police in Queensland?
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 intervi...
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What is the difference between summary and indictable offences in Queensland?
Summary offences are less serious matters (like public nuisance or minor traffic offences) heard by a Magistrate alone. Indictable offences are more serious ...
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How does bail work in Queensland?
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 unles...
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What is the difference between a summary and indictable offence?
Summary offences are less serious (like traffic or public nuisance) and are heard by a Magistrate. Indictable offences are more serious and can be heard by a Jury.
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Domestic Violence

experienced answers on Domestic Violence Orders, protection applications, breach consequences, and your legal rights in Queensland DVO proceedings.

What is a Domestic Violence Order (DVO) in Queensland?
What is a Domestic Violence Order (DVO) in Queensland? A Domestic Violence Order (DVO) is the primary tool used in Queensland to enhance the safety of victims of domestic abuse. What Constitutes “Domestic Violence”? Under the Domestic and …
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Being charged with Breaching a Domestic Violence Order (DVO) in Queensland under s139
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 ca...
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Being charged with Coercive Control in Queensland under s176A
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 o...
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How do I apply for a Domestic Violence Order?
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 Applicatio...
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Should I consent to a DVO 'Without Admission'?
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 NO...
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What happens if I breach a Domestic Violence Order?
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 permanen...
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Debt & Insolvency

experienced answers on bankruptcy, Statutory Demands, company winding-up, and insolvency options for individuals and businesses in Queensland.

Can I keep my house if I declare bankruptcy?
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 fro...
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I received a Statutory Demand. What do I do?
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...
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What is a Director Penalty Notice (DPN)?
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...
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What is the difference between Bankruptcy and Liquidation?
The key difference is who is insolvent. 'Bankruptcy' applies to individuals (natural persons). 'Liquidation' (Winding Up) applies to companies. While bankrup...
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What is a Winding Up Application?
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 succes...
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Intellectual Property FAQs

Answers to common questions about intellectual property law in Queensland, including copyright, trademarks, and protecting creative works.

How to Protect a Song's Copyright Before Sending It to a Publisher
Copyright in a song vests automatically at creation in Australia. The cheapest way songwriters can protect their rights before sending lyrics or music to a publisher is to seal signed, dated lyrics in a registered letter and post it to themselves unopened.
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Traffic Law FAQs

Frequently asked questions regarding Queensland traffic law, drink driving penalties, work licences, and disputing traffic fines.

What are the new e-bike laws in Queensland for 2026?
Queensland is rolling out major e-bike reforms across 1 July and 31 August 2026, including footpath speed limits, random breath testing, compliance plates and new licensing rules. Here is exactly what changes, when, and what happens if you don't comply.
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What is the limit for Drink Driving in QLD?
Fully licensed drivers must keep their BAC below 0.05. Learners, P-Platers, and commercial drivers must maintain a zero (0.00) BAC.
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Can I be charged with drink driving on private property in Queensland?
Many motorists believe they can only be charged with drink driving on public roads. Andrew Bell explains s 79(11) of Queensland's traffic legislation, the 'or elsewhere' rule, and the narrow statutory defence.
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Can I fight a speeding fine in QLD?
Yes, you have 28 days to elect to have a speeding infringement heard in the Magistrates Court if you believe the evidence was flawed or the camera miscalibra...
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Can medical marijuana patients drive in QLD?
No. The presence of THC in your saliva while driving is strictly illegal in Queensland, regardless of whether you hold a valid, doctor-prescribed medicinal c...
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Can police impound my car for speeding?
Yes. Queensland's strict anti-hooning laws allow police to impound, immobilize, or even permanently confiscate vehicles involved in high-speed and reckless d...
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