Legal Matters Archive

Parenting agreements and online posts both fail quickly when they are not written to be enforceable or not written carefully at all. Andrew Bell joins Colin Balewski on 4CRB’s Legal Matters to explain what makes a parenting agreement stick and what the high-profile defamation cases teach about online posts. 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?

Long marriages, blended families and defamation all turn on documents that were signed years earlier, often without realising what they cover. Andrew Bell joins Colin Balewski on 4CRB’s Legal Matters to answer listener questions on wills, probate and defamation. 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 .

Blended families face extra risk that a standard will leaves a step-child or a second spouse unprotected after the first death. Andrew Bell joins Colin Balewski and Robyn Hyland on 4CRB’s Legal Matters to explain how wills and testamentary trusts address those risks. 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 .

A will decides who inherits your home, savings and personal effects, and dying without one leaves that choice to a formula in an Act. Andrew Bell joins Colin Balewski and Robyn Hyland on 4CRB’s Legal Matters to explain why wills matter and what happens without one. 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 .

An enduring power of attorney decides who manages your money and health decisions if you lose capacity, and getting it wrong can leave a family locked out at the worst moment. Andrew Bell joins Colin Balewski and Robyn Hyland on 4CRB’s Legal Matters to explain how EPOAs work in Queensland. 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 .

Cyber security risks can leave a Queensland business liable after a single breach, and the legal duties start before an attack happens. Andrew Bell joins Colin Balewski on 4CRB’s Legal Matters to explain how the rebooted show approaches those risks. 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.