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Advice + Articles

Welcome to our Legal Advice and Articles section, your go-to resource for practical insights and updates on a wide range of legal topics including family law, commercial law, wills and estates, conveyancing, and litigation. Whether you’re seeking quick answers or in-depth guidance, browse our articles by category to find the information most relevant to you. If you need personalised legal advice, our expert team at Bennett Carroll Solicitors is ready to help.

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Use the category dropdown below to quickly find legal articles on Family Law, Commercial Law, Wills & Estates, Conveyancing, or Litigation.

Check out our most recent legal articles below to stay informed on the latest updates and guidance.

Article Category

Looking for a new year legal check to protect your family? Our 2026 estate planning Queensland guide and free new year resolution legal check tool help Brisbane and Gold Coast residents update their Wills, review commercial contracts, and secure property titles in under 5 minutes. Start the year with total peace of mind from Queensland's trusted legal problem solvers.

Commercial and Business

New Year, New Peace of Mind: Your Free Essential Legal Health Check for 2026

18 December 2025

This detailed guide provides essential legal clarity for anyone considering buying an apartment or house off-the-plan in Queensland. We break down the process of off-the-plan conveyancing, explain the legal implications of sunset clauses and the circumstances under which a developer can terminate, and outline the new deposit protections introduced by the Property Law Act 2023 (Qld). Learn how to check the developer's finances and what happens if the development is delayed or the building plans change before settlement. This is vital reading to help protect your investment and ensure your contract is legally sound.

Conveyancing

Buying Off-the-Plan in Queensland: A Guide to Conveyancing, Sunset Clauses, and the Property Law Act

15 December 2025

Navigating Executor's Commission in Queensland? This comprehensive guide explains executor payment in QLD for administering a deceased estate. Learn how commission is approved by agreement with beneficiaries or via the Supreme Court of Queensland. We detail factors the Court considers (estate size, asset complexity, time, and legal responsibility), typical commission amounts/benchmarks, and the difference between commission and expenses. Crucial advice for executors and beneficiaries across Brisbane, Stafford, Upper Mount Gravatt, Kawana, Mermaid Beach, & Ipswich. Understand tax implications and when to seek expert legal guidance from our estate administration lawyers regarding probate and executor remuneration claims. Get clarity on your rights regarding deceased estates and executor fees in QLD.

Disputes- Will & Estates

Executor’s Commission in Queensland: A Guide to Fees, Court Approval, and Executor Remuneration

8 December 2025

• A practical guide for Queensland businesses on how to legally resolve trade disputes with suppliers. Learn your rights under the Competition and Consumer Act 2010 and contract law, including the process for claiming damages for non-delivery, quality defects, or breach of exclusivity, and when to engage commercial litigation lawyers for mediation or court action in QLD.

Commercial and Business

Trade Disputes with Suppliers: Queensland Business Rights and Remedies

3 December 2025

When preparing your Will, the often-overlooked step is compiling a complete list of every person and organisation your Executor will need to contact. If you are asking how to create a deceased estate contact list for my Will, this comprehensive checklist is the answer. It is a vital tool for both proactive estate planning and reactive administration, ensuring your family avoids the weeks of searching required to manage everything from the ATO to social media accounts. Created by our will and estate solicitors here at Bennett Carroll Solicitors- a Queensland Based law firm with offices in Brisbane, Gold Coast & Sunshine Coast.

Wills and Estates

Download Your Free ‘Who-to-Notify’ Checklist (Queensland)

25 November 2025

From 1 January 2027, all Queensland homes must meet upgraded smoke alarm laws, including photoelectric, interconnected alarms in every bedroom and hallway. Learn what property owners, tenants and real estate agents need to do to stay compliant, avoid fines and prevent contract delays. Get practical guidance from Queensland property lawyers.

Conveyancing

Queensland’s Smoke Alarm Deadline: What Owners, Tenants and Agents Need to Know by 2027

17 November 2025

Many Queensland business directors sign personal guarantees when securing finance, leasing property, or obtaining supplier credit. These guarantees can make you personally responsible for company debts — even risking your home or savings. This guide explains how personal guarantees work, when liability is triggered, your legal defences, and how to protect your personal assets. Learn when to seek urgent legal advice from Bennett Carroll Solicitors, Queensland commercial law specialists.

Commercial and Business

Director Personal Guarantees: When You’re Personally Liable for Business Debts

12 November 2025

What happens if my elderly parent has dementia and no power of attorney in Queensland? If a person loses capacity without an Enduring Power of Attorney (EPOA) or Advance Health Directive (AHD), their children must apply to the Queensland Civil and Administrative Tribunal (QCAT). This process appoints a Guardian for health and an Administrator for finances, leading to significant delays, costs, and potential family conflict over control. Learn the steps involved and why legal advice is essential to avoid QCAT intervention. Bennett Carroll Solicitors have estate lawyers located in Brisbane, Gold Coast, Sunshine Coast and Ipwsich.

Wills and Estates

No EPOA or AHD? The QCAT Crisis: Who Takes Control of Your Health and Money in QLD

5 November 2025

A comprehensive guide for separating couples in Queensland, including Brisbane, Ipswich, and Gold Coast, detailing the financial 'hidden costs' of keeping the family home after a split, and explaining the strict 4-step property settlement process under the Family Law Act 1975 (Cth) used by courts to determine a fair division of assets and debts, including the family house and splitting the mortgage and assets.

Conveyancing

Who Gets the House After Separation? The Hidden Costs of Keeping It

30 October 2025

Buying a business in Queensland involves complex contracts, due diligence, and compliance steps. At Bennett Carroll Solicitors, our experienced commercial lawyers help buyers navigate every stage — from reviewing confidentiality agreements to settlement — to protect your investment and ensure a smooth transition to ownership. Whether you’re purchasing a café, retail store, or professional service business, our team offers Queensland-wide assistance with tailored, practical legal advice.

Commercial and Business

Buying a Business in Queensland: Why You Need Expert Legal Advice before Purchasing

23 October 2025

Planning a move into a retirement village in Queensland can be a complex process, with many legal, financial, and family considerations. Whether you are a senior looking to downsize, a family member helping a parent, or an attorney acting under an Enduring Power of Attorney (EPOA), it is essential to understand your retirement village contract, your rights, and your obligations before signing. At Bennett Carroll Solicitors, our experienced legal team provides expert advice on retirement village contracts in Queensland, including contract review, conveyancing for selling or transferring property, updating Wills and estate planning documents, and guidance for EPOAs and family members. We also help clients understand ongoing fees, exit entitlements, deferred management fees, and any other obligations associated with retirement village living. With offices across Brisbane, Stafford, Upper Mount Gravatt, Kawana, Mermaid Beach, and Ipswich, or via fully electronic online consultations, our team makes moving into a retirement village simple, secure, and legally sound. We support both the individual moving into the village and their families, ensuring everyone involved understands the process and can make informed decisions. If you are planning a retirement move in Queensland and want clarity and protection throughout the process, Bennett Carroll Solicitors can provide tailored, practical legal advice every step of the way.

Conveyancing

Retirement Village Contracts in Queensland: What You Need to Know Before You Move

14 October 2025

Debt recovery in Queensland can be complex, especially when a client or customer refuses to pay. If repeated reminders haven’t worked, your next step may be a letter of demand or court proceedings. Choosing the right pathway early can save your business time, legal costs, and frustration. This article explains how Queensland debt recovery works, when to send a formal demand letter, when to escalate to litigation, and how the Queensland court system handles debt disputes. We’ll guide you through timeframes, costs, enforcement options, and the practical steps to protect your cash flow. For tailored advice or urgent matters, contact Bennett Carroll Solicitors. Our experienced team can help you recover what you're owed quickly and strategically.

Commercial and Business

Queensland Debt Recovery: When to Send a Letter of Demand vs Going to Court

10 October 2025