Legal Matters Archive

In this episode of Legal Matters on 4CRB, Andrew Bell and Colin Balewski continue their property law series with a deep dive into the legal risks of buying off the plan on the Gold Coast, one of Australia’s most active off-the-plan markets. They also address a listener email about a vague QCAT disclosure on a property going to auction, and take a live call from Cheryl about how to ensure her Will gives her Executor the power to act immediately after her death.

In this episode of Legal Matters on 4CRB, Andrew Bell and Colin Balewski dive into the turbulent Gold Coast property market. With housing prices breaking historical records, Andrew explains the massive, critical changes to Queensland property law that abolish the “Buyer Beware” model through the mandatory Form 2 Seller Disclosure Statement. The duo also tackles live listener phone calls covering Body Corporate responsibilities for broken plumbing, whether long-term boarders can claim your property, and how to protect yourself during the vulnerable period between signing a contract and settlement day.

In this episode of Legal Matters on 4CRB, Andrew Bell and Colin Balewski dive deep into Queensland’s civil dispute and estate planning laws. The duo field calls from local Gold Coast residents on a range of contentious topics, from neighbor disputes involving giant screen bamboo to the realities of enforcing QCAT decisions when the losing party ignores the order. Key Topics Understanding QCAT: What the Queensland Civil and Administrative Tribunal does, and why it is primarily designed as a “DIY” legal system. Neighbor Tree and Fence Disputes: The actual legal standing behind shaded solar panels, blocked views, and storm-damaged fences. Estate Planning Traps: The critical risks of keeping a 50-year-old Will, and why holding only a photocopy is heavily problematic. Guardianship and Nursing Homes: Clarifying the misinformation around what happens to an estate when a loved one is placed in a care facility and the state takes over guardianship. Enforcing QCAT Judgments: What happens after you win at QCAT, and the sobering reality of Magistrates Court enforcement processes. Listener FAQ Highlighted In This Episode Can I force my neighbor to trim trees that block my view or shade my solar panels in Queensland? Can I trim a neighbour’s overhanging branches myself in Queensland? Who is liable when a neighbour’s tree damages my fence or property? How do I enforce a QCAT decision if the losing party ignores it? Is an old Will still valid if I only have a photocopy? Listen to the full discussion above.

Andrew Bell from Bell & Senior Lawyers joins Colin on 4CRB’s Legal Matters to unpack the Queensland Civil and Administrative Tribunal (QCAT) — explaining what it is, what cases it handles, and whether it’s truly a faster option than court. They also take talkback calls covering neighbour disputes about fences and trees, contesting a will via a Family Provision Claim, and who is entitled to receive a copy of a will.

Andrew Bell joins Colin Balewski on 4CRB for another talkback session, taking a deep dive into the practical realities of enforcing Family Law agreements when the other party stops paying, and unpacking the legal mechanics behind Australia’s most high-profile defamation trials. Key Topics Overseas Wills: A follow-up from last week clarifying why Wills from Commonwealth countries are easier to administer than others. Jerry Cans & Fuel Storage: The strict legal limits on storing petrol in residential homes and transporting it in specific vehicles. Family Law & Parenting Agreements: What to do when an ex-partner stops paying agreed school fees, the difference between a mediation agreement and a court order, and Child Support Agency overrides. Defamation Standard of Proof: Why the Bruce Lehrmann and Ben Roberts-Smith cases resulted in different outcomes than criminal trials due to the “balance of probabilities” standard. Social Media Defamation Risks: A recent Queensland case where a 90-minute Facebook post in a community group led to a near-$300,000 damages award. Listener FAQs Highlighted In This Episode Q: “I hold a Will from England. Do I really need to get an Australian one?” If it’s from a Commonwealth country, the courts have a system to recognise it. However, obtaining a separate Australian Will to deal purely with your Australian assets makes the administrative process significantly cheaper and faster for your executor. 📎 See also: Is my Overseas Will valid in Australia?

Andrew Bell joins Colin Balewski on 4CRB for a wide-ranging talkback session covering listener questions on Wills, probate thresholds, blended family estate planning, overseas Wills, and the growing importance of Queensland’s defamation laws in a social media world. Key Topics Long Marriages & House Titles: If a house is in one spouse’s name but the Will leaves everything to the other, is a title change necessary? Will Update Triggers: Beyond marriage and children: the full range of life events that should prompt a Will review, including EPA updates. Blended Family Wills: Can you leave all your estate to your biological child while excluding wealthy stepchildren? The role of the explanatory letter and family provision claims. Testamentary Trusts: Protecting a surviving spouse while preventing “sideways inheritance” into a new spouse’s family: when a testamentary trust is the answer. Probate in Queensland: Confirmed thresholds: bank accounts over ~$40,000 to $50,000, shares over $15,000, or sole-name real estate all typically require Probate. Current Supreme Court processing time: 14 to 20 weeks. Overseas Wills: How cross-border recognition works: Australian mutual recognition across states but overseas Wills depend on the country and circumstances. Inherited Shares: Tax and financial implications are for an accountant/financial adviser: not a legal question. Solicitor Closing Down: Files go to the Queensland Law Society if a firm closes unexpectedly. Defamation Law: What is a publication? The difference between a bad but honest review and a false, defamatory allegation. How the internet changed everything: private groups, text messages, and anonymous posters. Defamation & Serious Harm: Queensland’s updated threshold: hurt feelings alone are not enough; serious harm must have occurred or be likely. Listener FAQ Highlighted In This Episode Does my house need to be in both names if we both have Wills leaving everything to each other? Not necessarily. A Will leaving everything to the surviving spouse is usually sufficient to transfer the property through the estate. Read our FAQ on when to update your Will .

Andrew Bell joins Colin Balewski and Robyn Hyland on 4CRB to discuss the unique legal challenges facing blended families: particularly when it comes to Wills, property ownership, superannuation, and protecting the interests of children from previous relationships. Key Topics What is a Blended Family (Legally)? The Gold Coast has a high proportion of second marriages and de facto couples. Understanding how Queensland law treats step-children (including their right to contest a Will) is critical for any blended family. Marriage, Divorce and Your Will: Under Queensland’s Succession Act, getting married or divorced can automatically revoke your existing Will. If you don’t update it, your estate may be distributed under intestacy rules: not your wishes. Joint Tenants vs Tenants in Common: How property is titled has a profound effect on who receives your share when you die. Joint Tenancy bypasses the Will entirely. Tenants in Common allows you to leave your specific share to your chosen beneficiaries. The Risk of Sideways Inheritance: Leaving your estate to a surviving partner is a natural instinct, but without the right structures, your assets can ultimately flow to your partner’s children instead of yours. Mutual Wills and Testamentary Trusts can prevent this. Testamentary Discretionary Trusts: A powerful estate planning tool that provides income to a surviving partner during their lifetime, while preserving the capital for designated beneficiaries (including tax advantages for minor grandchildren). Superannuation and Life Insurance: These assets sit entirely outside your Will and require separate Binding Death Benefit Nominations: which can expire and must be refreshed. Listener FAQ Highlighted In This Episode Can step-children contest my Will? Yes. Step-children in Queensland have legal standing to make a Family Provision claim against an estate, provided their step-parent relationship remains legally intact. Learn more about who can challenge a Will in QLD .

Andrew Bell joins Colin Balewski and Robyn Hyland on 4CRB to discuss the intricacies of Wills and Estates, focusing on five big reasons to get your Will in order. Key Topics The Problem with the Succession Act: Exploring the default rules that apply if you die without a Will, which can force your spouse to “buy out” your children’s percentage of the estate. The Supreme Court Scramble: The time, cost, and stress placed on families trying to obtain “Letters of Administration” when there is no appointed executor in a Will. De Facto Relationships: The risk to unmarried couples living together. Without a Will, proving the relationship meets the legal parameters to inherit becomes significantly harder. Who Inherits in Blended Families: How default rules generally favour biological children, potentially leaving out step-children running contrary to a deceased parent’s wishes. Estate Challenges: As property prices soar, more estates find themselves challenged by family members expecting a portion. What courts look for to uphold your wishes over a challenger. Listener FAQ Highlighted In This Episode Who can challenge my Will? Anyone who has a genuine expectation to inherit under your Will can formally challenge it via a Family Provision claim, such as estranged children, step-children, or de-facto partners who feel they were inadequately provided for. A well-documented Will helps protect your genuine intentions from these claims. Learn more about who can challenge a will in QLD .

Andrew Bell joins Colin Balewski and Robyn Hyland on 4CRB for another insightful episode of Legal Matters. Key Topics Validity Across States: Understanding how an EPOA signed in New South Wales applies in Queensland and why it’s recognised nationally. The Role of an Attorney: Exploring the responsibilities of the person you appoint, including managing health, financial, and personal decisions. When It Applies: The difference between immediate enactment for financial matters and activation upon lost capacity for health matters. Choosing the Right Person: Considerations around appointing a primary attorney, alternative attorneys, and having multiple people make decisions jointly or individually. Protections and Limitations: Discussing what an attorney cannot do (like changing your Will) and how the accountability system prevents elder abuse. Advanced Health Directives: Differences between an EPOA and an AHD, especially focusing on critical medical care directions. Listener FAQ Highlighted In This Episode Is a New South Wales Power of Attorney valid in Queensland? In Australia, an EPOA is valid across state borders. However, keep in mind that a NSW Enduring Power of Attorney only covers financial matters. In NSW, health and personal matters are covered under an “Enduring Guardian” document, whereas a Queensland EPOA covers both. For more details, read our full FAQ on interstate EPOA validity .

Andrew Bell joins Colin Balewski on 4CRB for the very first episode of Legal Matters—a reboot of the long-running “Law and You” program. Host’s Reflection It is incredibly exciting to be starting something new with Colin on 4CRB. Radio offers such a unique way to connect directly with the Gold Coast community, and I can’t wait to start taking your calls on air. My goal with Legal Matters is to peel back the complexity of the legal system. Whether it’s the “black box” of cyber law or the personal nature of wills and estates, I want to give you practical, actionable information. We have a great lineup of topics planned, and I look forward to hearing your stories every Tuesday at 9:00 AM.