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Insights, Guidance, and Expert Perspectives on Legal Matters - Empowering You with Knowledge

Advice + Articles

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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.

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
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

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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

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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

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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

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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

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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

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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

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4 September 2025
Digital assets like cryptocurrency and NFTs are changing family law in Queensland. Learn how they affect divorce, property settlements, and disclosure. Family Lawyers Brisbane, Gold Coast, Sunshine Coast, Ipswich and across Queensland
Family Law

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

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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

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18 August 2025
Discover comprehensive debt recovery solutions for Queensland businesses with Bennett Carroll Solicitors. Our guide explains legal options for unpaid invoices, disputed debts, and cash flow protection for QLD SMEs. Learn about negotiation, Letters of Demand, QCAT and court proceedings, and enforcement actions like garnishee orders and asset seizure. We offer Queensland-wide support, including Brisbane, Gold Coast, Sunshine Coast offices, and flexible service via phone, video, or in-person consultations. Protect your business and recover debts efficiently with expert commercial law advice tailored to your needs.
Commercial and Business

Debt Recovery Solutions for Queensland Businesses: Legal Options and Strategies

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15 August 2025
An authoritative guide debunking misconceptions regarding Binding Financial Agreements (BFAs) under the Family Law Act 1975 (Cth). This article specifically addresses the legal landscape in Queensland, focusing on the enforceability of agreements in the Federal Circuit and Family Court of Australia. Key topics include the necessity of independent legal certificates, the dangers of fraud or duress (Section 90K/90UM), the inclusion of superannuation and inheritances, and why DIY BFA templates often fail the 'binding' test. Recommended for individuals seeking asset protection in marriage or de facto relationships in Brisbane, Gold Coast, and regional QLD.
Family Law

5 Myths About Binding Financial Agreements in Australia | Why They May Not Protect You

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6 August 2025
Enduring Power of Attorney (EPOA) Queensland – Crucial Estate Planning for 2026 The Description: Secure your future with an Enduring Power of Attorney (EPOA) in Queensland, the essential legal document often overlooked in standard estate planning. Unlike a General Power of Attorney, an EPOA "endures" beyond your loss of decision-making capacity, ensuring that a trusted attorney can manage your financial matters, personal care, and health decisions according to your wishes. Without a valid EPOA Form 2 (Short Form) or Form 3 (Long Form), your family may be forced into costly and stressful proceedings at the Queensland Civil and Administrative Tribunal (QCAT) to appoint a guardian or administrator. This comprehensive guide from Bennett Carroll Solicitors explores the vital role of the Powers of Attorney Act 1998 (QLD), the difference between immediate financial authority versus capacity-triggered powers, and how to choose an attorney who understands your values. Whether you are navigating dementia planning, protecting property assets in Brisbane, or ensuring your Advance Health Directive is supported, a professionally drafted EPOA is your ultimate safeguard against elder abuse and legal uncertainty. Don't leave your legal health to chance—learn why every adult over 18 in the Gold Coast, Sunshine Coast, and across Queensland needs this rock-solid protection as part of their succession planning.
Wills and Estates

Enduring Power of Attorney in Queensland: The Crucial Document Most People Overlook in their Estate Plan

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30 July 2025
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