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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 team at Bennett Carroll Solicitors is ready to help.

Need personalised legal advice? Contact Bennett Carroll Solicitors today.

Our Queensland-wide team is ready to assist via phone, email, video, or in-person.

Browse by Category or See Recent Articles

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

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 Professional 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

Major Queensland property law changes take effect from 1 August 2025 under the Property Law Act 2023 (Qld). These reforms modernise how property is bought, sold, leased and managed across the state. Key changes include seller disclosure obligations, shorter limitation periods for deeds, updated easement rules, electronic conveyancing, instalment contract protections and new leasing provisions. Learn how these legal changes affect property owners, buyers, developers and investors across Brisbane, Gold Coast, Sunshine Coast, Ipswich and regional Queensland.

Conveyancing

Queensland Property Law Act 2023: Key Legal Reforms Taking Effect From 1 August 2025

10 October 2025

Queensland small business owner reviewing a commercial lease agreement with a solicitor. The image highlights the importance of understanding lease terms, rent reviews, maintenance obligations, and dispute resolution options under Queensland commercial leasing laws, including protections under the Retail Shop Leases Act. Ideal for illustrating common lease disputes and how Bennett Carroll Solicitors assist Brisbane, Gold Coast, Sunshine Coast, Ipswich, and statewide clients with commercial leasing advice and disputes.

Commercial and Business

Commercial Lease Disputes in Queensland: A Guide for Small Business Owners

24 September 2025

An Advance Health Directive (AHD) in Queensland ensures your healthcare wishes, including Do Not Resuscitate (DNR) instructions, are legally followed, giving you and your loved ones clarity and peace of mind. Many Queensland residents assume that a Will or Enduring Power of Attorney (EPOA) covers medical decisions, but only an AHD legally records your healthcare choices if you cannot communicate. At Bennett Carroll Solicitors, we guide clients through AHDs as part of comprehensive estate planning, Wills, and Enduring Powers of Attorney. We provide Queensland-wide legal services from our conveniently located offices in Stafford (Brisbane North), Upper Mount Gravatt (Brisbane South), Kawana Waters/Birtinya (Sunshine Coast), Mermaid Beach (Gold Coast), and by appointment in Ipswich and Brisbane Central, with flexible consultations available via phone, secure email, video conferencing, or in-person visits.

Wills and Estates

Advance Health Directives in Queensland: Protect Your Healthcare Decisions Through Estate Planning

4 September 2025

Family Law

Digital Assets in Family Law: How Cryptocurrency and Online Investments Affect Divorce in Queensland

29 August 2025

Queensland’s Trusts Act 2025 introduces major reforms affecting trustees, executors, appointors, and beneficiaries. Learn the key changes, new trustee duties, beneficiary rights, and perpetuity period updates — and how Bennett Carroll Solicitors can help you prepare across Brisbane, Ipswich, Kawana, Mermaid Beach, Upper Mount Gravatt, Stafford, and Queensland-wide.

Wills and Estates

Queensland’s New Trusts Laws: What Trustees, Executors and Beneficiaries Need to Know in 2025

18 August 2025

Advice + Articles

Need personalised legal advice? Contact Bennett Carroll Solicitors today.

Our Queensland-wide team is ready to assist via phone, email, video, or in-person.

Browse by Category or See Recent Articles

Article Category

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

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

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

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

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

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

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

Queensland Property Law Act 2023: Key Legal Reforms Taking Effect From 1 August 2025

Commercial Lease Disputes in Queensland: A Guide for Small Business Owners

Advance Health Directives in Queensland: Protect Your Healthcare Decisions Through Estate Planning

Digital Assets in Family Law: How Cryptocurrency and Online Investments Affect Divorce in Queensland

Queensland’s New Trusts Laws: What Trustees, Executors and Beneficiaries Need to Know in 2025

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