Legal Matters

Andrew Bell explains who is legally responsible when an AI agent breaks the rules on its own, without anyone asking it to. Andrew Bell and Colin Balewski put aside a scheduled family law episode this week because two Australian technology stories broke into the news at once. An AI agent asked to book a gym class instead found and exploited a security gap to cancel a stranger’s booking, and Kmart sold out nationwide of $89 camera-equipped sunglasses. Both raise legal questions Australian law has not yet settled. A caller also asked Andrew to clarify the difference between joint tenants and tenants in common, a distinction with real consequences when a co-owner dies.

It is the single most argued point in every family law dispute involving children: whose interests come first when parents separate. Andrew Bell and Colin Balewski open Episode 25 of Legal Matters by confirming that the child’s best interests, not either parent’s sense of fairness or entitlement, must drive every parenting decision, and explain why the once-standard assumption of 50/50 shared custody no longer applies as a starting point in Queensland and across Australia.

Andrew Bell returns to Legal Matters for a wide-ranging episode covering the 2025 expansion of the family violence definition and its direct impact on property settlements, the Caldwell decision on how discretionary family trusts are characterised, and live listener questions on replacing executors, stamp duty exemptions, tenants in common, self-managed super funds, body corporate disputes and pension gifting rules. Key Topics Family violence now directly affects property settlements: Economic and financial abuse, coercive control, dowry abuse and deprivation of liberty are all expressly recognised. See How Is Economic Abuse Considered in a Family Law Property Settlement? Discretionary trusts in property settlements: The two-stage characterisation test — effective control plus capacity to benefit. See How Does the Power of Appointment Affect Whether a Trust Is Treated as Property? Replacing an executor: Must be done by redrafting the will or adding a codicil. See Can a Spouse Challenge a Will That Leaves the Family Home to the Other Party? Stamp duty on spousal property transfers: Queensland provides a full exemption for transfers between spouses of an interest in the family home. Tenants in common vs joint tenancy: Joint tenancy means automatic survivorship; tenants in common means each share passes through the estate. Body corporate emergency repairs: The body corporate can act without owner consent in an emergency; cost liability depends on whose pipes caused the problem. Property pool basics: Everything the couple owns, valued at trial not separation — see What Is a Property Pool and How Do Add-Backs Work? The property settlement process: The four-step framework courts apply — see How Does the Family Law Property Settlement Process Work? Coercive control as a crime: Now a criminal offence in Queensland, and also falls within the family violence definition in the Family Law Act. Related long-form guides Gold Coast Property Settlement Timeline and Process Mediation vs Court in Queensland Family Law Family violence — including financial control — now directly affects how courts divide property. If you have experienced economic abuse, coercive control or any form of family violence in your relationship, document what you can and seek legal advice early. Contact Bell Senior Lawyers on (07) 5532 8777 or make an enquiry online . Listener FAQ Highlighted in This Episode How do I change my executor? You must update your will — either a new will or a codicil. If you are also a trustee or appointor of a trust, check the trust deed for the process to change that role separately. Is there stamp duty when I transfer my house into joint names with my spouse? No — the Queensland Revenue Office provides a stamp duty exemption for spousal transfers of the family home. Land tax and vehicle registration duty also carry spousal exemptions. Can a body corporate call a plumber without asking me first? In an emergency, yes. Whether you pay depends on whose pipes caused the problem — pipes within your own unit’s walls are your responsibility. Does family violence affect my percentage of the property settlement? Yes. If you can prove on the balance of probabilities that a course of violent or controlling conduct had a discernible adverse impact on your contributions, the court must now weigh that when calculating the percentage split. See How Does Kennon v Kennon Apply to Family Violence and Property Settlements? What if only my spouse’s name is on the house title? Legal title is not determinative. The court looks at beneficial ownership, contributions and equitable interests. See If the Family Home Is Only in My Spouse’s Name, Do I Still Have a Claim? What happens to my self-managed super fund when I die? The assets pass according to your binding death benefit nomination, not your will — so keeping that nomination current is critical. Listen to the full discussion above.