Frequently Asked Questions

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 …

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 …

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 …

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 …

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 …

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 …

To succeed in a debt recovery claim under Queensland civil procedure, you must prove on the balance of probabilities, that is, that it is more likely than not (the required civil standard of proof of 51%), that money changed hands and that it was …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

Both documents deal with decision making when you lose capacity, but they operate differently. An Enduring Power of Attorney under the Powers of Attorney Act 1998 (Qld) appoints a person (your attorney) to make personal, health, and financial …

The cost of a Will in Queensland depends on who prepares it. There are three main tiers:

1. DIY Will Kits: A do it yourself Will kit from Australia Post costs around $32 but carries a significant risk of invalidity if not executed correctly, and an …

Using a codicil is generally strongly discouraged by Queensland solicitors. A codicil is a separate document, executed with the same formalities as a Will under the Succession Act 1981 (Qld), that amends or supplements an existing Will without …

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 …

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, …

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 …

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 …

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 …

Misclassifying a software developer as an independent contractor when they are legally an employee is a severe compliance risk. While the High Court in CFMMEU v Personnel Contracting previously prioritised the written contract, the Fair Work …

While the Fair Work Act 2009 (Cth) does not explicitly mandate a single written document, failing to execute a written contract creates immense legal exposure. Without a written agreement, the terms of employment default to the applicable modern …

Web scraping personal information must comply with the Privacy Act 1988 (Cth) unless an exemption applies. While a small business exemption currently exists for entities with a turnover under $3 million, startups that ’trade in personal …

Under the Copyright Act 1968 (Cth), authorship fundamentally requires a human creator. The High Court in IceTV Pty Ltd v Nine Network Australia Pty Ltd (2009) 239 CLR 458 confirmed that originality requires independent intellectual effort, and the …

Post-employment restraints are only enforceable in Queensland if they go no further than is reasonably necessary to protect a legitimate business interest, such as trade secrets or highly confidential algorithms, following the High Court in Stenhouse …