In some cases, there may be options for extending deadlines or special circumstances that allow for late appeals. We can evaluate your situation and advise you on possible courses of action.

Timeframes for appeals can vary depending on the type of decision and the governing legislation but generally are short (14, 21 or 28 days). We’ll provide you with specific deadlines during our review process.

You have the right to challenge government decisions. We can help you review the decision and determine if there are grounds for an appeal.

Appeals can be made against a range of decisions, including those related to planning, licensing, permits, and other administrative matters like child support or centrelink. We can help you assess the specific decision in question.

The required documents can vary, but generally, you’ll need to provide a clear statement of your reasons for appeal and any supporting evidence. We assist you in preparing all necessary documentation.

Compliance requirements can vary by trade, but common areas include licensing, safety regulations, and contractual obligations. We can help you understand your specific obligations to stay compliant.

The best structure depends on your specific circumstances, including liability considerations and tax implications. We can help you assess your options and choose the right one for your needs.

Open communication is key. If disputes arise, we can help mediate the situation and provide legal representation if necessary to ensure your interests are protected.

It’s important to address overdue payments promptly. We can assist with strategies for debt collection, including negotiation and, if necessary, legal action to recover what you’re owed.

It’s a good practice to review your contracts regularly, especially when entering new projects or making significant changes to your business. We can assist with this to ensure your contracts remain effective and enforceable.

Yes, we can provide guidance and representation in contract disputes to help you resolve issues efficiently while protecting your rights and interests.

A Letter of Wishes, also known as a memorandum of wishes, is a non-legally binding document typically stored with a will. While it does not carry the legal weight of a formal will, it allows a testator in Queensland to convey additional information to their estate's executor. This document serves as a guide for the executor, providing insights into the testator's wishes regarding funeral arrangements, messages for loved ones, and explanations of specific provisions in the will. It is particularly useful for parents outlining their hopes for their children's upbringing, recording preferences on education and faith, and leaving lasting messages. Notably, a Letter of Wishes can offer detailed instructions on the distribution of sentimental items, providing flexibility for updates and ensuring a clear record. Although it does not bind legal guardians or prevent challenges to the will, the court may consider it in deliberations, as seen in the case of Underwood v Underwood [2008], where the court upheld the testator's decision based on the clarity provided in the accompanying Letter of Wishes.

While you may not have substantial assets at this stage, you still likely have some superannuation, so creating a Will is a responsible step in ensuring your wishes are followed in the event of unforeseen circumstances. It allows you to dictate how even modest possessions, like personal items or digital assets, should be distributed, ensuring your loved ones aren't burdened with additional stress during difficult times.

A testamentary trust is a special type of trust set up within a will. It comes into play after the person who made the will passes away. This unique legal tool allows the person making the will (we call them the "testator") to provide for their loved ones, but with some restrictions on how the money is used. The interesting thing is, there's no limit to how many of these trusts a testator can create. It's like having separate savings accounts for different people. ​ Testamentary trusts come in two main types. One type lets the people receiving the money make decisions about how it's used (we call them "beneficiaries"). The other type has someone the testator trusts (a "trustee") in charge of the money, especially to protect beneficiaries who might need extra help, like young children or those who have trouble managing money. These trusts ensure that the money is used wisely and keeps it safe from debts and taxes. It's a smart way for the testator to plan for the future and make sure their wishes are followed after they're no longer here.

An Enduring Power of Attorney is a special legal document that lets you choose someone to make important decisions for you if you can't do it yourself. The person you choose is called your 'attorney,' and you're known as the 'principal.' ​ In Queensland, an Enduring Power of Attorney can cover two main areas: 1. Financial Decisions: This involves managing things like your bank accounts, paying bills, handling shares, looking after your superannuation, and even buying or selling property. 2. Personal or Health Decisions: This relates to where you live, who you live with, your daily life, social activities, healthcare, and more. You can decide whether your attorney can handle both financial and personal matters or choose to appoint separate attorneys for each area. You can also set specific limits on the decisions they can make. For example, you might want them to handle real estate transactions but not make health decisions. ​ In Queensland, there are two types of powers of attorney: a general power of attorney (used when you still have full decision-making capacity) and an enduring power of attorney (only used when you can't make decisions yourself). ​ Additionally, you can also create an Advanced Health Directive to specify your medical treatment preferences when you can't make these decisions on your own. This directive covers aspects like the type of medical treatments you want or don't want to receive.

Certainly, we can assist in drafting Wills for your children or parents, provided everyone involved agrees to our representation. Additionally, we offer gift vouchers for parents to give to their children, allowing the next generation to manage their wealth according to their own preferences. This ensures that accumulated or inherited assets are distributed in alignment with the beneficiaries' desires.

In the absence of a valid Will, your estate enters intestacy, subject to predefined laws governing asset distribution to your family. However, this distribution may not align with your preferences. To prevent potential confusion and disputes, it is highly recommended to create a Will.

Generic Wills from newsagents or online sources don't consider your unique situation, including superannuation. At BestLife Legal, we provide tailored advice to ensure your superannuation and life insurance go to your chosen beneficiaries. Additionally, we can assist with important decisions like selecting Executors, Guardians, and Trustees, helping you navigate the pros and cons. Our extensive experience shows that generic Wills often result in higher legal fees and emotional distress for your loved ones, making personalised legal guidance a wise choice.

When someone passes away, their life insurance and superannuation funds are often not part of their estate, and the distribution of these funds can be decided by the fund's trustee or through a Binding Death Benefit Nomination (BDBN). A BDBN allows you to specify who should receive these benefits after your passing, providing clear instructions to ensure your chosen beneficiaries receive the funds. A BDBN is a legally binding document that gives you control and certainty over the allocation of your superannuation benefits after your death. However, it's important to note that BDBNs typically have a three-year validity period from the date of signing, after which they may expire, and the decision-making power could return to the fund's trustee. Some companies offer non-lapsing BDBNs, which remain in effect until you decide to replace or cancel them.

A Last Will & Testament is a crucial legal document that outlines how your estate (made up of assets like cash, property, and personal belongings) will be distributed upon your passing. It serves as a binding guide to ensure that your wishes are executed as intended. Surprisingly, only 48% of Australia's adult population has a Will, despite its significance. Creating a Will requires your written wishes and the signatures of two witnesses. It's essential to have a Will in place to avoid complications and ensure your preferences are honoured. Your Will requires you to choose beneficiaries, appoint an executor, select a trustee if needed, designate a guardian for minor children, sign your Will with witnesses, securely store it, and update it as your circumstances change.

Regular reviews every 3 years are recommended. However, consider a review sooner in cases of significant life changes like marriage, divorce, new relationships, the birth of a child, property or business acquisitions, trust or superannuation fund setup, and when your chosen Executor/Guardian undergoes changes or is no longer suitable. Reviewing Enduring Powers of Attorney, and superannuation nominations is also advisable. We will reach out to you annually to check in to make sure that what you have planned, still meets your needs and wants.

Common pitfalls include not conducting thorough property searches, failing to meet contractual deadlines, and not seeking legal advice. It's crucial to have a conveyancer to guide you through the process and avoid these issues.

While it's not legally required to hire a conveyancer, it's highly recommended due to the complex legal and administrative aspects of property transactions. A conveyancer ensures all legal requirements are met.

Conveyancing is the legal process of transferring ownership of a property from one party to another. It involves various legal and administrative tasks to ensure a smooth property transaction.

At settlement, the legal ownership of the property is transferred to the buyer, and the purchase price is paid. This is when all financial transactions are completed, and both parties receive keys and access to the property.

BestLife Legal provides fixed-fee conveyancing services in Queensland. Our conveyancing fees typically are $880 for buyers and $660 for sellers. Additional charges apply for PEXA registration, title searches, council and water rate searches, and land tax searches, which may vary depending on the property's location and local council regulations.

In Queensland, there is a standard five business day cooling-off period for residential property contracts. During this time, the buyer can withdraw from the contract without specific reasons, but they may forfeit a portion of the deposit.

A conveyancer handles various tasks, including contract review, property searches, documentation preparation, and settlement coordination. They ensure the property transaction complies with all legal requirements.

Rent reviews are typically conducted as specified in the lease and may include: CPI Adjustments: Rent increases linked to the Consumer Price Index. Fixed Percentage Increases: Pre-agreed annual increments. Market Reviews: Rent adjusted to reflect current market rent, often applied at the expiry of the lease’s initial term or an option period. Understanding these methods ensures transparency in financial obligations during the lease term.

The following stages are involved in Queensland’s commercial conveyancing process: Pre-Contract Stage: Includes property research, contract preparation, and pre-purchase due diligence. Contract Exchange: Both parties sign the contract, and it becomes binding subject to conditions such as finance approval or inspections. Conditional Period: Buyers fulfill conditions like securing finance, and sellers address requisitions. Settlement Preparation: Financial adjustments and final documents are prepared. Settlement Day: Payment is exchanged, and legal registrations are completed electronically via platforms like PEXA. Post-Settlement Obligations: Buyers register ownership while sellers receive payment after all costs are deducted.

A commercial lease sets out the rights and responsibilities of the landlord and tenant. Key considerations include: Rent Terms: Typically specified as an annual amount, paid monthly in advance. Rent Reviews: Common review methods include CPI adjustments or market reviews during specific periods. Lease Options: Some leases include renewal options, giving tenants a right - but not an obligation - to extend the lease. Carefully reviewing the lease terms with a solicitor ensures you understand your rights and potential obligations.

Negotiation power often depends on local market conditions. When negotiating: Seek clauses that align with your business goals, like flexible lease options or maintenance terms. Understand rent review mechanisms to plan for long-term affordability. Ensure compliance with zoning laws and council approvals for your intended use. Consider market dynamics - tenants in competitive markets have less leverage than where commercial spaces are widely available. Professional advice from a specialist solicitor can help secure favourable terms while avoiding potential legal or financial pitfalls.

Some common pitfalls include: Failing to account for GST and stamp duty costs. Overlooking zoning and council land use approvals. Misinterpreting terms such as “Subject to Lease” or “Vacant Possession.” Inadequate due diligence, such as missing environmental reports or bankruptcy checks. Engaging an expert conveyancer or solicitor can help you avoid these challenges and ensure compliance with Queensland regulations.

Commercial transactions can be legally and financially complex. A conveyancer: Reviews and drafts contracts to ensure legal accuracy. Conducts due diligence, including property searches and inspections. Facilitates settlement to ensure smooth completion. Expert professionals, especially those with local Queensland knowledge, ensure that your transaction is legally secure and free from avoidable delays or disputes.

Commercial conveyancing involves transferring ownership or leasing rights of commercial properties, such as offices, warehouses, and retail spaces, between buyers, sellers, or tenants. Unlike residential conveyancing, it includes more complex legal and financial arrangements, often involving zoning restrictions, GST considerations, and contractual conditions specific to commercial use. A thorough understanding of these complexities helps ensure a smooth and legally compliant property transaction.

A Child Support Assessment can be reviewed by the Child Support Agency if there is sufficient reason to believe that it is not accurate (ie. paying parent is self employed). We can help navigate this process for you to ensure you children's needs are met in a fair way.

If agreement cannot be reached, mediation often helps to resolve things. As a last resort, we can represent you in court to advocate for your rights and your child's best interests.

Both parties in a family law matter are required to disclose relevant financial information. We guide you through the necessary documentation and help ensure that you meet all disclosure obligations. We also carefully review the other party's disclosure to make sure that there are no surprises.

If we can help it, no - it won't. At BestLife Legal, we always leave no stone un-turned in our attempt to keep matters out of court. Most family law matters can be resolved amicably or through negotiation and/or mediation. However, if court is unavoidable, we will be there to represent you and advocate for your best interests.

If you’re considering divorce, we can help you understand the legal requirements and guide you through the application process, ensuring you have all the necessary documentation and support. Hot tip: apply for your marriage certificate (if you don't have a copy) as you'll need it for the application.

The timeline can vary depending on the complexity of your case and how amicably both parties can negotiate. We focus on efficient resolutions to help you move forward as quickly as possible.

Regularly reviewing your contracts is a good practice, especially when there are significant changes in your business or the law. We can help ensure your agreements remain relevant and enforceable.

The right business structure depends on various factors, including your goals, risk tolerance, and tax implications. Our firsthand experience helps us guide you in making the best choice for your situation.

Compliance obligations can vary based on your industry and location. We provide comprehensive advice to help you understand and meet your legal requirements.

It’s crucial to address overdue invoices promptly. We can assist you with strategies for debt collection, including sending reminders, negotiating payment plans, and, if necessary, pursuing legal action.

Yes, we offer drafting and review services for employment agreements, ensuring they comply with employment laws and protect your business interests.

Proactive measures, such as clear contracts, compliance with regulations, and sound business practices, can significantly reduce your risk. We’ll work with you to identify potential issues and develop strategies to mitigate them.

It’s advisable to review your trust regularly, especially after significant life changes or changes in law. We can assist with these reviews to ensure your trust remains effective and compliant.

Asset protection strategies can help shield your assets from creditors, legal claims, and other risks. This ensures your financial security and peace of mind.

The management of the trust will depend on the terms of the trust deed. We can help ensure your trust is structured to provide for your beneficiaries according to your wishes.

A family trust allows you to hold and manage assets for the benefit of your family members. It can provide tax advantages, asset protection, and help with estate planning.

A trust deed is a legal document that outlines the terms and conditions of a trust. It’s essential for establishing the trust and defining the roles of the trustee and beneficiaries, ensuring your assets are managed according to your wishes.

An SMSF gives you greater control over your retirement savings and investment decisions. It allows for flexibility in asset allocation and can provide tax advantages if managed correctly.

Yes, trusts can be amended or revoked, depending on the type of trust and the terms outlined in the trust deed. We can guide you through the process of making changes if needed.

Yes, there are laws that govern these issues in Queensland. We can provide detailed information based on your specific situation and help you understand your rights.

Open communication and establishing clear boundaries are key. We can offer tips on how to maintain a good relationship with your neighbours and avoid potential conflicts.

You have the right to trim branches that overhang your property, but it’s best to communicate with your neighbour first to avoid conflicts. We can guide you through the proper procedures.

Mediation and negotiation are effective ways to resolve disputes related to building and renovations. We can facilitate these discussions and help you reach a mutually agreeable solution.

If your neighbour is uncooperative, we can advise you on your legal options, including lodging complaints or pursuing further action if necessary.

Start by having a friendly conversation with your neighbour to discuss the issue. If that doesn’t work, we can help you understand your rights and the next steps to take.