Residential Purchase

Queensland has a vibrant nightlife, which can mean crowded footpaths and loud music spilling from bars. Then, suddenly, a single punch thrown in anger changes multiple lives forever. Research has shown strong links between drinking alcohol and violent behaviour. This violence has caused not only injuries but also fatalities, including the untimely death of Cole… Read More »One Punch Can Kill: What You Need to Know About Alcohol-Fuelled Violence

While it may be riveting to watch in movies such as The Fast and the Furious, street racing is a dangerous phenomenon that continues to challenge law enforcement and puts lives at risk. In fact, in 2021, ABC News reported that around 40-80 vehicles participated in street racing and hooning activities on any given night… Read More »Street Racing in Queensland: Legal Consequences and Implications

When a loved one passes away, their family and friends are often left to navigate a complex legal process amidst their grief. One of the most crucial steps in this journey is probate, a legal procedure that plays a vital role in settling the deceased’s affairs and distributing their assets. In Queensland, probate is the… Read More »What You Need to Know About Settling Your Loved One’s Estate: A Guide to Probate in Queensland

Recent developments in Queensland’s juvenile justice system have sparked national debate about how Australia handles young offenders, highlighting the complex balance between community safety and youth rehabilitation. With significant policy changes on the horizon, understanding the current state of juvenile justice has never been more critical. The Current Landscape of Juvenile Justice Australia’s juvenile justice… Read More »Understanding Juvenile Justice in Australia: Current Challenges and Changes

Sometimes, disputes between co-owners regarding the future of jointly owned property can arise, whether it involves a family home, an investment property, or a piece of land. As such, these disagreements can lead to intricate legal challenges. This article explores the complexities of the forced sale of property in Queensland, focusing on the rights of… Read More »Navigating Co-Ownership: Understanding the Forced Sale of Property in Queensland

When a loved one passes away, the last thing anyone wants is confusion about their final wishes. Yet this happens all too often when formal Will requirements aren’t met, leaving families to navigate the complexities of informal Wills. From unsent text messages to video recordings, Queensland courts have considered an astonishing variety of unconventional documents… Read More »Informal Wills in Queensland: What Happens When Final Wishes Don’t Follow the Rules?

The vibrant lifestyle, progressive culture, scenic landscapes, and world-class universities make Australia an exciting place to live in. In fact, the Australian Bureau of Statistics has recorded 667,000 migrant arrivals in 2023-2024. But this excitement can quickly shift to anxiety when faced with the visa application process. The good news? In this article, we’ve listed… Read More »Applying for a visa in Australia? Avoid these common mistakes.

Getting arrested can be one of the most challenging moments in anyone’s life. When this happens, even if you’re innocent, remain silent and get an expert Criminal Lawyer immediately. You have one chance to handle this right – make it count! Police are trained to gather evidence quickly after arrest, and anything you say can… Read More »What are My Rights When Arrested in Queensland?

Estate planning and blended families are becoming increasingly interconnected. With more marriages now forming in second or subsequent relationships, it’s crucial to recognise that estate planning for blended families involves unique challenges. While some TV shows may present an idealised view of family life, the reality of managing a blended family’s estate requires careful thought… Read More »Estate Planning and Blended Families: Essential Strategies for Your Family’s Future

After a person passes away, an appointed executor struggles with complex assets, leading to delays, confusion, and family disputes. Legal challenges may follow, causing costly delays. This underscores the importance of choosing the right executor—someone capable of managing the estate efficiently and according to your wishes. This guide explores the executor’s responsibilities, the consequences of… Read More »Can Anyone Be an Executor? Understanding Your Estate Planning Options in 2024

With all the demands of modern life, it’s easy to overlook the importance of keeping an updated Will. Many individuals mistakenly believe that once their Will is drafted, it can simply be stored away and forgotten. However, this assumption is misleading. Your Will is a living document that should adapt alongside your changing circumstances. This… Read More »Why You Need an Updated Will: Safeguarding Your Legacy

Receiving a traffic infringement notice in Queensland can be a stressful experience. These notices, commonly known as “tickets” or “fines,” are official documents issued for various traffic offences. Understanding the consequences of these notices and the importance of addressing them promptly is crucial for all drivers. Types of Traffic Offences A wide range of offences… Read More »Understanding Traffic Infringement Notices in Queensland: Consequences and Solutions

Online reviews have become a powerful tool utilized by both business owners and consumers. For the former, reviews are now an important part of their public reputation and help them spread the word about their goods and services. For consumers, reviews have become a significant platform to help them make a decision about where to… Read More »Negative Google Reviews: Are They Defamatory?

In the sad event of a couple with children separating or divorcing, making arrangements for the care, welfare and upbringing of the children both in the short and long term is the most important immediate task facing both parties. In family law matters in Australia, the welfare and best interests of the child are paramount… Read More »What’s Involved in Varying Parenting Orders – The Rule in Rice v Asplund

In the fast-paced and ever-changing world of business, partnerships come and go. Whether it’s due to disagreements, shifts in direction, or simply the natural evolution of companies, the dissolution of a business partnership is an inevitable reality that many entrepreneurs will face. Business partnership dissolution refers to the legal and administrative process of terminating a… Read More »The Dissolution of Business Partnerships

The new Property Law Act 2023 passed Parliament on the 25th of October 2023, introducing both minor and major legislative change that aims to simplify, modernise and streamline Queensland’s property Laws. The new Legislation replaces the Property Law Act 1974 which has been operating for more than 50 years. The commencement date of the new… Read More »New Property Laws in Queensland – What You Need to Know

In today’s digital age, online assets have become a significant part of our lives. From social media accounts to digital currencies, these assets play a crucial role in our personal and professional lives. Just like your physical assets, it’s important to have a plan for your online assets after your demise. This is where a… Read More »Estate Planning & Digital Assets

A partner visa is a type of visa that allows you to live and work in Australia as the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. It is a two-stage process that involves applying for a temporary visa (subclass 820 or 309) and then a… Read More »What to Consider Before Applying for an Australian Partner Visa

A guide to help you gather the evidence you need to prove your genuine and ongoing relationship! Are you dreaming of starting a new life with your partner in Australia? If so, you’ll need to navigate the partner visa process. applying for a partner visa in Australia comes with its own set of challenges. But… Read More »How To Prepare Your Documents For A Partner Visa In Australia

Court etiquette is the set of customs and rules that govern behavior and conduct in a legal setting. It is essential to honor these norms to show respect for the Court and everyone involved in the proceedings. When entering a courtroom, it is crucial to remember that you are stepping into a space where justice… Read More »Court Etiquette

When love crosses international borders, the process of uniting two hearts can become a bit more complicated. One of the most common ways to navigate this process in Australia is through the Prospective Marriage Visa. This visa allows individuals from outside Australia to enter the country to marry their prospective spouse. The Prospective Marriage Visa,… Read More »The Prospective Marriage Visa (Subclass 300)

Hamilton Island, a gem in the heart of the Great Barrier Reef, has always been a favourite destination for both domestic and international tourists. However, like many other tourist hotspots, it faced a significant challenge when the COVID19 pandemic hit. But Hamilton Island has bounced back, demonstrating resilience and adaptability in the face of adversity.… Read More »Hamilton Island’s Resilience: A Post-COVID19 Comeback

In today’s world, sustainability has become more than just a buzzword. It has permeated every aspect of our lives, including how we say our final farewells to loved ones. Traditional burial methods, such as embalming and casket burials, are not only expensive but also have a significant impact on the environment. This has led to… Read More »Eco-Friendly Body Disposal: A Sustainable Approach to Final Farewells

Running a business can be an all-consuming affair leaving little time for contemplation of what happens to the enterprise in the event of a family tragedy or a business partner retiring or dying. But in fact, these type of events should be considered by all owners as part of business succession planning, which we’ll discuss… Read More »Understanding the Importance of Business Succession Planning

Parenting Orders are legally binding court orders that determine the rights and responsibilities of parents in relation to their children. These orders outline important aspects such as where the child will live, who they will spend time with, and how major decisions regarding their welfare will be made. These orders set out the arrangements for… Read More »Parenting Orders

There’s a saying that says, ‘getting into business is easy, but getting out of one is a whole different story’. It begs the question, what’s the problem? It’s no surprise that part of the issue is the lack of business succession planning. In this podcast, PD Law, Lawyer, Shelley Foot, wraps up 5 key things… Read More »Business Succession in 5 Minutes or Less

Planning to study in Australia, is an exciting journey, but there’s a lot to know about student visa requirements. The Australian Student Visa, known as the Subclass 500, is a type of visa granted to international students who wish to undertake a course of study in Australia. It allows you to stay in Australia to… Read More »Student Visa Requirements in Australia

If you’re going through a separation or divorce, sorting out your financial affairs is often one of the biggest challenges. You want to make sure that everything is settled fairly and legally, providing security for both parties involved. One common way to achieve this is through a binding financial agreement or a consent order. But… Read More »Binding Financial Agreement vs Consent Orders

When it comes to working in Australia, one of the most important aspects to consider is the visa type. As an employer, understanding the types of visas available and the requirements for each is crucial. There are several types of employer visas in Australia, each with its own set of criteria and requirements. These visas… Read More »Employer Migration in Australia

Family provision claims can often be complex and emotionally charged legal matters that arise after a loved one’s death. These claims allow certain individuals to seek further provision from the deceased persons estate, even if they were not adequately provided for in the Will. The Basics of Family Provision Claims Family provision claims, also known… Read More »Family Provision Claims – What You Need to Know

Are you thinking about venturing into the world of real estate auctions? It’s an exciting and fast-paced environment where properties are bought and sold through competitive bidding. However, before you dive in headfirst, it’s essential to understand the ins and outs of auction etiquette to ensure a successful bidding experience. In an auction, properties are… Read More »Auction Etiquette for Real Estate

There are several remedies available to a party in case of a breach of a contract by the other party. In general, the two most popular types of remedies are either legal remedies or equitable remedies. Legal remedies include monetary damages, which are meant to compensate the aggrieved party for any losses suffered due to… Read More »Breach of Contract Remedies

In today’s fast-paced world, where property transactions are happening by electronic means, verification of identity has become more crucial than ever before. It plays a pivotal role not only in preventing fraud but also in ensuring legal compliance. Identity verification refers to the process of confirming the authenticity of an individual’s identity by verifying the… Read More »The Importance of Verification of Identity in Property Transactions

In this podcast, PD Law, Lawyer, Shelley Foot, discusses the intersection of defamation and social media.

In life, we often find ourselves juggling various responsibilities – work, family, finances, and planning the future. While it may not be the most pleasant topic to ponder, it’s crucial to think about what will happen to our loved ones and our hard-earned assets after we’re gone. One way to ensure your wishes are carried… Read More »The Importance of a Binding Death Benefit Nomination

When it comes to estate planning, Wills play a crucial role in ensuring our assets and possessions are distributed according to our wishes after we pass away. These Wills often contain a list of beneficiaries who are entitled to inherit certain assets or properties. Legally speaking, a beneficiary is someone who has the right to… Read More »The Role & Rights of Will Beneficiaries

Challenging economic conditions in the post-Covid world have caused a rash of insolvencies in certain parts of the Australian economy, in particular the construction industry. As such it’s important for company directors dealing with the possibility – or the reality – of insolvency to remember their legal responsibilities under Australia’s Corporations Act 2001 (‘the Act’).… Read More »What You Need to Know About Insolvent Trading

Australia has relied on skilled migrants to support the growth of our economy and has been a popular destination for this type of migrant on the basis of our lifestyle and opportunities. The concept of labour market testing (LMT) has been a key part of Australia’s migration system, ensuring that employers prioritize recruitment of local… Read More »Recent Changes to Labour Market Testing (LMT) Requirements for Skilled Migrant Visa Applications

SMSF’s themselves are not capable of borrowing money, this is due to restrictions under the Superannuation Industry (Supervision) Act 1993 and the Superannuation Industry (Supervision) Regulations 1994 (Acts). Notwithstanding this, people are able to indirectly borrow money for the purchase of property for the SMSF by purchasing in a separate entity to hold on trust… Read More »Self-Managed Superannuation Fund (SMSF) Lending

Trademark protection is a crucial aspect of business strategy that safeguards your brand’s identity and reputation. It’s a legal shield that prevents others from using a similar mark that could cause confusion among your customers, such as a logo, phrase, colour, sound etc. Marketing is a crucial tool in today’s society, and registering a trademark… Read More »Trademark Protection – The Powerful Tool of Trademarking

When it comes to studying abroad, Australia is a destination that often tops the list. With its diverse culture, world-class education system, and stunning landscapes, it’s no wonder that students from all over the globe are drawn to this vibrant country. But what exactly are the benefits of studying in Australia? High-Quality Education Australia is… Read More »The Many Benefits of Studying in Australia

Bankruptcy is a legal process that provides relief to individuals or businesses who are unable to pay their debts. While it can offer a fresh start, it’s essential to understand the impact it can have on various aspects of your life. During the bankruptcy process, a registered Trustee or Official Trustee is appointed to manage… Read More »Understanding Bankruptcy and Its Effects

Are you considering moving to Australia? If so, you’re not alone. Australia is a popular destination for people from all over the world, thanks to its high standard of living, beautiful landscapes, and diverse culture. But before you can start your new life down under, you’ll need to navigate the complex process of obtaining a… Read More »Advantages of Engaging a Legal Practitioner for Visa Processing in Australia

Legal capacity refers to an individual’s ability to make sound decisions and understand the consequences of those decisions. In relation to estate planning, this includes making informed choices about beneficiaries, distribution of assets, and appointing agents or executors. It is essential to have a clear understanding of capacity to safeguard the validity and legality of… Read More »Capacity Concerns in Estate Planning

You may have heard the Latin phrase – caveat emptor – “Buyer Beware”, but when does “Seller Beware” become relevant? As a seller you must disclose in the Contract all title encumbrances which will remain after settlement, and you must be in a position at settlement to hand over a title free from undisclosed encumbrances to the… Read More »Undisclosed Encumbrances, Seller Beware!

A partner visa, also known as a spouse visa or a marriage visa, allows you to bring your partner to live with you in Australia. The Partner visa is designed to enable couples in a genuine, committed & ongoing relationships to be together. Partner visas typically grant temporary or permanent residence, depending on the specific… Read More »Everything You Need to Know About Partner Visas

Out of over 2,500 law firms in the State of Queensland, about 1,200 utilise PEXA, an online settlement platform for property transactions. PD Law now ranks in the top 100 in the State for volume of successful transactions completed under PEXA’s electronic property settlements system, and the top 300 nationally. “I am so delighted and… Read More »From Little Things

In this podcast, PD Law Lawyer Jemma Ible discusses the debt recovery process and what to do if a person or company owes you money or is required to compensate you.

To be eligible to nominate a foreign employee on certain work visas in Australia, an employer must first apply for Standard Business Sponsorship (also known as SBS). SBS is an agreement with the Australian government, which allows certain Australian businesses to sponsor overseas workers to fill highly skilled occupations in their business. Business sponsorship plays… Read More »The Standard Business Sponsorship Process for Employers

Migration has become increasingly popular in recent years, as more & more people seek opportunities and new experiences beyond their home country. It’s an exciting and life-changing decision which opens a world of possibilities. Migration is not always an easy process. There are various legal and administrative requirements that migrants are required to meet to… Read More »Migrating to Australia

Are you dreaming of travelling to the beautiful land Down Under? Planning to explore the gorgeous landscapes, vibrant cities, and unique wildlife that Australia has to offer? Before you can embark on your Aussie adventure, you’ll need to navigate the world of visa applications, as there are different visa categories to cater to diverse travel… Read More »Understanding the Different Types of Australian Visas

Becoming an Australian citizen is your last step in your migration story. Any application with the Department can be overwhelming to do on your own which is why our team are here to assist you with process. What Are the Benefits? The Right to Vote By acquiring Australian citizenship, you gain the right to vote… Read More »The Benefits of Becoming an Australian Citizen

If you’re considering becoming an Australian citizen, it’s important to understand the process and requirements. To be eligible for Australian citizenship there are certain eligibility criteria you need to meet. The criteria include being a permanent resident for a minimum period of time, demonstrating good character, and passing the Citizenship test. It’s important when considering… Read More »The Application Process of Australian Citizenship

Running a business these days is challenging enough without being let down by the fine print on your important forms such as invoices. The terms and conditions a business includes on documents such as invoices and quotes with detail on such important things as delivery terms, returns and refunds, payments, warranties, and limitation of liability… Read More »5 Reasons Why Terms and Conditions For Businesses are Critical and More than Just Boring Fine Print

Labour Market Testing (LMT) refers to the process of assessing the Australian job market to determine if there are any suitable local candidates available to fill a particular job vacancy. The purpose of LMT is to ensure that employers are genuinely seeking to hire foreign workers only when no suitable Australian candidates are available. This… Read More »Labour Market Testing for Employer Visas

There are few more frustrating experiences for a consumer than a problem arising with a product or service they’ve spent their hard-earned money purchasing. From malfunctioning electronics to holiday experiences that don’t live up to the advertising, our first reaction is to seek some type of redress to help make things right. In Australia, the… Read More »So You Have Issues With Goods or Services You’ve Purchased? What Rights Do You Have?

In certain situations, police have the right to conduct such a search, even if they don’t have a warrant to do so. If a police officer makes a request to search your person or your property, you’re entitled to refuse to consent to the search. It’s advisable in most circumstances, however, to cooperate with all… Read More »Powers to Search – When can the Police Search You If They Don’t Have a Warrant?

Safe Night Precincts (SNPs) were introduced as a Queensland Government initiative to address violence and anti-social behaviour associated with drinking culture. The reforms restricted trading hours of licensed venues, brought in networked ID scanning for late-trading venues, and supported police to issue banning notices for people who engaged in disorderly, offensive, or violent conduct. More… Read More »What You Need to Know About Safe Night Precincts and Police Banning Notices

Dealing with debt can be incredibly challenging and stressful. However, by implementing effective strategies, you can navigate the process of debt recovery with confidence. In this article, we will explore various strategies that can help you successfully recover your debts and regain control of your financial situation. Understanding the Basics of Debt Recovery First and… Read More »Strategies for Successful Debt Recovery

The Retail Shop Leases Act 1994 (‘the Act’) was enacted in Queensland to protect the interests of small retail business owners. The Act aims to provide transparency and fairness in commercial leasing transactions. Lessors (landlords) and lessees (tenants) must ensure they understand the Act to ensure they’re complying with their obligations. This article outlines key… Read More »Understanding the Complexities of the Retail Shop Leases Act 1994

Before issuing proceedings, it is important to remove emotion from the decision and carefully consider the personal and financial implications. Issuing proceedings not only results in further legal fees, but it also becomes difficult to stop what you have begun without there being some adverse costs consequences. Litigation can affect a person’s business interests, employment,… Read More »Civil Litigation – The Process of Issuing Proceedings in the Court

Email fraud has become a very big risk for businesses globally, and law firms are no exception. In this podcast, PD Law Director Stuart Bell talks about the risk and, of course, the ways that PD Law is reducing that risk for its clients.

When dealing with a property settlement one of the first things your lawyer will ask you to do is compile your financial disclosure. So, what is it, and why is it important? The most obvious answer is your financial disclosure is everything related to your current financial position. Think bank statements, tax returns and payslips.… Read More »Understanding Financial Disclosure

The Benefits of Mediation When conflicts arise in a relationship breakdown, they can be timely, pricey, and stressful. Alternative Dispute Resolution processes such as mediation can assist you to reach an agreement without having to resort to going to Court for property or parenting-related matters. What is Mediation? Mediation in its fundamental nature, is a… Read More »The Benefits of Mediation

Property easements are a common and important aspect of real estate ownership which are valuable to understand because of how they can impact a property’s use and value, and the rights and responsibilities of landowners. An easement grants the right of use or access to a specific part of a property for someone who is… Read More »Understanding Easements: How to Protect Your Property Rights

Vendor finance is a property purchase arrangement in which the seller – rather than a traditional financial institution such as a bank – provides financing to the buyer. This means the buyer pays the purchase price directly to the seller by making regular payments, typically with interest, to the seller over an agreed period. Vendor… Read More »Vendor Finance – What You Should Know Before You Get in Too Deep

What is a Binding Financial Agreement? A Binding Financial Agreement (a ‘BFA’ for short), is a legal document that outlines the financial arrangements between two parties in the event of a relationship breakdown. This agreement can be entered into before, during, or after a marriage, de facto relationship, or civil partnership. It provides clarity and… Read More »Binding Financial Agreement

What Are Consent Orders? Consent orders are an essential aspect of the legal landscape, particularly in family law matters. They provide a mutually agreed upon solution between parties involved, without the need for prolonged court battles. The Role of Consent Orders in Family Law Consent orders play a vital role in family law matters as… Read More »Consent Orders

An enduring power of attorney (EPOA) is an important legal document that appoints another person or persons to make crucial life decisions for someone if and when they lose capacity to make such decisions for themselves. While making an EPOA is particularly relevant for those of advancing years who may become vulnerable to conditions such… Read More »Understanding the Benefits of Creating an Enduring Power of Attorney

Despite the introduction of random breath testing and multiple public safety campaigns, drink driving remains a scourge on Australian roads with around one in four accidents on the road counting alcohol or drugs as a factor. One survey also discovered that around 50 per cent of Australians support the use of a device that would… Read More »Drink Driving and Interlock Devices: When Am I Required to Install One?

Going Through a Separation or Divorce?  Going through a divorce or separation can be can a stressful and confusing time. You may find that everyone seems to have a horror story to tell or advice to give making it difficult to sort fact from fiction. No two separations are the same so it’s important to… Read More »Things to Know Prior to Separation

Once a buyer has made the decision to commit to the purchase of a commercial property there are a number of important steps to take during the settlement and post-settlement phases. Settlement of commercial property generally takes longer than the typical 30-day settlement period for residential properties because of there are considerably more issues involved… Read More »So You’ve Purchased Your First Commercial Investment – What Now?

This article follows on from our recent post providing a checklist of essential things to do when buying a commercial property, this time dealing with the important issues of financing, risk and GST implications. Commercial property can be a lucrative investment but it’s important to do the necessary groundwork before the purchase to reduce your… Read More »Essential Checklist for Buying Commercial Property – Continued

In the context of estate planning, you may have heard of the term testamentary trust. In this podcast, PD Law Senior Associate, Elizabeth Smith, explains what testamentary trust is and the circumstances it is often used.

If you have been pulled over or questioned by Queensland police then you know it can intimidating. When it comes to police questioning, many people are unaware of their legal rights or assume that what they’ve seen on American crime shows that you have the right to remain silent basically applies in all circumstances in Australia. In this podcast, PD Law Associate and Criminal Lawyer, Peta Vernon, discusses what you need to know if you have been pulled over or questioned by QLD police.

If you have recently separated or contemplating separation and there are children involved, then you’ve likely come across the term parental responsibility. In this podcast, PD Law Senior Associate and Family Lawyer, Elizabeth Smith, discusses what you need to know about parental responsibility in Australian Family Law.

For many people buying a small business is their most viable path to a desired life working for themselves, compared with the riskier proposition of starting a business from scratch. In this article, we’ll outline some of the advantages and disadvantages of buying a small business, the benefits of various entities used to purchase the… Read More »What are the Key Considerations When it Comes to Buying a Small Business

Investing in commercial property can be a lucrative decision provided the asset is well located and the right steps are taken in the lead-up to the purchase. From doing due diligence on the property’s viability as a commercial premises to reviewing the lease with the tenant and understanding the tax implications of the purchase given… Read More »Essential Checklist for Buying Commercial Property

It goes without saying that the Whitsundays has been somewhat of a mecca for many years for new developments. In this podcast, we’re going to talk about property development from a legal prespective with Stuart Bell, Lawyer and Director of PD Law.

In this podcast, PD Law’s Commercial Lawyer, Shelley Foot, talks about what you need to know about retail shop leases.

In this podcast, PD Law Associate, Ali Ladd, talks about some important legislative updates with regard to residential tenancies and the key things landlords have to know right now.

The break-up of a marriage or de facto relationship is naturally one of the most stressful times in a person’s life. Apart from dealing with the emotional toll of the split and, in many cases, its effect on children from the relationship, the process of disentangling two lives in terms of property and assets can… Read More »How Do We Get to a Just and Equitable Division of Assets in a Family Law Property Settlement?

The concept of ‘occupier’s liability’ when it comes to possession of drugs is often misunderstood by members of the public. Essentially it means that a person can face a criminal charge for possession of illegal drugs found in their house or car, for example, even if they do not own the substances. We’ll explain more… Read More »Explaining The Concept of Occupier’s Liability in Drug Matters

Are You Eligible for Legal Aid? PD Law is a preferred supplier for legal aid in the region.  We can assist you with your eligibility and assist with you with making an application for a grant of aid. To get a grant of legal aid, you must: be financially eligible under the Legal Aid means test… Read More »Need Access To Legal Advice But Don’t Think You Can Afford It?

It’s no secret that many people buy into community title developments without necessarily appreciating all of their costs. On top of this, catastrophic weather events such as cyclones and floods have resulted in staggering increases in insurance costs, described as ranging from substantial to outright unviable. It’s also no secret that some lot owners will… Read More »Spiralling Body Corporate Levies – Proactive or Reactive?

Suits and other law TV shows make going to court look so quick and easy. Makes for great TV but the reality is starkly different. Court can be brutal, drawn out and expensive – family law litigation particularly so. You don’t need to go to court to end your relationship or get the outcome you need.… Read More »Netflix has a lot to answer for………

We focus on: Cutting down on expense & emotional cost The resolution & not the battle Where possible, we prefer to stay out of Court, cutting down the expense and emotional cost, but when it’s necessary we can prepare urgent applications to the Court to protect your children or preserve your property rights. Reasons to… Read More »What Do You Want From Your Family Lawyer?

Going to Court? When it comes to court etiquette, it can be difficult to know when you’re required to appear, what to wear, and what happens if you fail to meet your court obligations. If the Police issue you with a notice to appear, or you have signed a bail undertaking, you’re generally required to… Read More »No Shoes, No Shirt, No Court

Although usually over in hours, the havoc a cyclone wreaks on small businesses can only be truly understood in retrospect. Here’s a brief account of our experience. Sunday 26th March As TC Debbie weaves towards the Whitsunday coast, the Region’s disaster response committee orders a mandatory evacuation of certain areas, including our office, located on… Read More »Cyclone Debbie – A Year on

  I’ve set up a company to own and run my business, and my partner and I will be directors. Are your personal assets safe? Just a yes or no answer, please. How about yes AND no? The logic is that the company is the entity that opens accounts, signs leases, does deals, performs services… Read More »Setting up a Company

The old work van had been used in the business for years, as had the office manager, who’d recently retired after a 9-year stint running the place for you. The handover to her replacement looked ok from where you stood. The new manager proved competent and, after 3 months appeared to have things under control,… Read More »Minimising Risk – Who owns what?

All too often we see buyers a little tardy in paying the deposit, resulting in a technical breach of the contract. Most lawyers and agents don’t get too concerned as buyer and seller are keen to proceed and 9 times out of 10 its paid and people get on with the deal. Sometimes, things don’t… Read More »Didn’t pay the deposit on time? All could be lost

From 1 July, 2017 State Parliament introduced amendments to liquor licencing laws in Queensland. Because Airlie Beach is a designated Safe Night Precinct, a number of measures have been put in place that may impact on your night out. Got ID? Venues that trade past midnight will now have ID Scanners installed. This means to… Read More »Planning a night out in Airlie? Here’s what you need to know…….

Separating? What Now? Going through a divorce or separation can be can a stressful and confusing time. You may find that everyone seems to have a horror story to tell or advice to give making it difficult to sort fact from fiction. No two separations are the same so it’s important to get the right… Read More »Things to do when you are separating from a partner

Are You At Risk of Losing Your Licence? Have you: been caught doing more than 40km/hr over the speed limit; or lost more demerit points after being placed on a good behaviour period for 12 months. If you need your licence to keep your job, or to get to and from work, or for other… Read More »Are you at risk of losing your licence? You may be eligible for a Special Hardship Order.

Drivers Licence in Jeopardy? If you’ve found yourself in a situation where your driver’s licence is in jeopardy, due to being caught by police with drugs or alcohol in your system, you might still have options. A restricted work licence is available in certain circumstances where: You’ve been charged by police with drink driving, and… Read More »Are you about to lose your drivers licence? You may be eligible for a restricted work licence.

PD Law Welcomes CRIMINAL LAWYER Elizabeth Smith to the team When Elizabeth Smith was at school she knew that she liked to argue and negotiate, and so when it came time to decide what to do with herself, the law seemed like the right fit.  Elizabeth attended Bond University and studied for her Bachelor of… Read More »From police prosecutor to criminal lawyer

Claiming on your Insurance Mentioning how devastating TC Debbie was is wasting your time, but getting motivated now to re-start is not. Apart from the tangible benefits of getting an insurance claim processed, it’s just good to be pro-active: feeling like the wheels are starting to turn again is the polar opposite of the soul… Read More »Getting the back yard in order (literally)

Replete with generators, concrete floors and a squadron of pedestal fans, we’re pleased to confirm we opened up for business again on Monday. This would not have been possible without the fantastic support of some local businesses (in particular Reef Electrical for making lights and computers work, and Cannonvale Marine for locating and supplying those… Read More »PD Law are Open for Business after the Cyclone!             

Background When cyclones are looming (an active system is being followed by the Bureau of Meteorology) some insurers have previously found the risk of insuring properties too great to accept during this time. If insurers refuse cover, buyers may be inclined to terminate their contracts under the cooling off period until the weather system abates.… Read More »Risky Business – Cyclones, Insurance embargos and nervous buyers

Anyone who has brought or sold property before will be familiar with the endless stream of paperwork involved in that transaction, along with having to track down a qualified person to witness signatures on various legal documents. E-Conveyancing is now available at PD Law using the PEXA online platform. PEXA reduces the risk of errors… Read More »Conveyancing – Take the stress out of buying or selling property – do E-Conveyancing with PD LAW

If you ever pop into the PD Law office on a Friday, you will notice that the dress code has become very casual. This is being adopted for an extremely good cause – “Casual4aCause” Fridays is raising funds from the PD Law team (and any visitors who may also wish to contribute) for charity. The team… Read More »Casual 4 A Cause Fridays

Ending a relationship can be stressful and it’s easy to get confused trying to work out what you need to do to protect yourself and your assets at such an emotional time in your life. To help offer some guidance, here’s some tips on things you should do, or consider, when you separate from your… Read More »Family Law – Going through a separation – what now?

“Women in law and other dumb concepts” We all woke to the attached ad in the local paper. Our competitor asked: “Have you ever wished an experienced lawyer would carry out your legal work instead of a girl in the office?” Um. None taken. Let’s introduce ‘a girl’ or two from our office: Bernie Gunders… Read More »“What would she know? She’s a girl”

We were recently asked to advise on the nature of a contract based on an email exchange between a buyer’s agent and a seller’s agent. This issue has come up in earlier posts and will again no doubt as roles and methods of communication continue to evolve. Anyway now might be a timely reminder to… Read More »Don’t forget – your actions can bind your client

So what is E-Conveyancing? PD Law are excited to have Recently completed our first E-Conveyancing settlement using the new PEXA online platform. So, what is E-Conveyancing and how is it different from the normal paper conveyancing process? E-Conveyancing minimises the manual processes and paperwork associated with property settlement by enabling us to transact with other… Read More »AGENTS SURVIVAL SERIES – VOL11A/2016

When a relationship breaks down – who gets the kids?  As we come into the last few months of the year, family issues are heightened with financial pressure from having to buy the kids Christmas gifts, to sorting childcare arrangements over the holidays. At certain times this can lead to couples separating and possibly a… Read More »Family Law Seminar Series – 2

I recently caught a shuttle from the airport to home. Business was obviously good for the bus company – the seats were all full and I found myself in the front passenger seat next to the driver. We chatted easily for the trip. She got to asking me what I did. I told her. Possibly out… Read More »The Value Proposition – What’s a Will really worth to you?

Separating? What happens now? PD Law are running a series of FREE Family Law Seminars in conjunction with the Whitsunday Neighbourhood Centre. The first of these will take place on Wednesday 7 September from 5.30pm to 7.30pm at the Whitsunday Neighbourhood Centre. There is always a “grey” area when a couple first separates.  When you… Read More »Family Law Seminar Series

From Whitsunday Reef Festival Site. Download  Reef Festival 2016 Program. Download Whitsunday Reef Festival Road Closure Information. Download Reef Festival bus stop & taxi map The vibrant coastal town of Airlie Beach will come alive in August 2016, as the Whitsunday Reef Festival hits town. The annual favourite festival, is a delicious combination of family fun, community… Read More »Whitsunday Reef Festival 2016

We recently covered about 2500 kilometres on a family driving holiday. It was a long, long way, but we broke the trip up with a few sleep overs, the obligatory travelling games, and we took turns at playing DJ on Spotify. Complaints about my music were drowned out by volume. We also listened to a… Read More »There are lives at stake – stop being a fence sitter

Hard to get Foreign Buyers to buy? It just got 3% harder. Starting 1 October 2016, foreign buyers will have to pay an additional 3% transfer duty (stamp duty) when buying residential land in Queensland. This surcharge is called Additional Foreign Acquirer Duty (AFAD). In order to keep this update brief we will not detail… Read More »AGENTS SURVIVAL SERIES – VOL6A/2016

It’s been a long few months: you’ve spoken to dozens of agents, brokers and banks, builder friends and family members and you’ve decided on the dream home. The agent prepares the contract and asks if you want the usual ‘get out of jail’ clauses –pest and building inspections and a finance clause.  Surely this covers… Read More »I thought the contract covered this.

“It just crawled into that bloody hole in my glove!” Last weekend I had the great pleasure of harvesting and extracting honey the traditional way from my parents’ bee hive: white overalls, the funny veil, bee smoker, the whole show. And later at their home, separating the honey using this old  extractor (really old –… Read More »The paradox of innovation

You’ve made your will, got it done, signed, safely stored in your lawyer’s strong room. What now? Although there’s no set time frame, we recommend an annual check up, and here’s why:  marriage and divorce – both can make an impact on your will  re-marriage and further children including step children  the birth of children… Read More »Lessons from the Death Star – When should I review my Will?

“Nice Shouse!” When Jed Clampettt buys next door…. Picture this 12 months ago – Seller lists his vacant block with you. Once he signs up he hands you the forest of pages of stuff he thinks is pertinent. You know most of it’s not, but you’re polite. 10 months ago – You finally get that… Read More »Agents Survival Series – VOL3A/2016

Since 2012, PD Law’s goal was to re-think legal services delivery. “It’s no secret legal services are a bit of a grudge purchase”, director Stuart Bell said. “We’re working hard to change that, and offer an affordable menu of contemporary services so people can immediately assess what sort of value we can add.” This is… Read More »It’s not just about the law

BINDING FINANCIAL AGREEMENTS (BFA) The beginning of a relationship is always an exciting time and in that moment it can be hard to imagine the possibility that things might not work out as planned. Unfortunately, with the realities of modern life, relationships do not always work out and often couples are left trying to deal… Read More »Before, during or after a relationship – any time is the right time to make a financial agreement

Don’t let the Pool Safety Inspection Date sink your deal We’re seeing loads of contracts with either the wrong date or no date at all. Here’s a quick refresher on when it’s necessary, and what can happen if dates are missing, or wrong When do you need to complete it? When: there’s a pool;  and… Read More »Agents Survival Series – Vol 2B/2016

But it’s in the letting pool. I can’t give vacant possession Avoiding the 11th hour panic call from your seller The problem It’s pretty common in unit sale contracts to see holiday letting appointments inserted in the tenancy details information in a sale contract, and a copy of the letting appointment attached (and no special… Read More »Agent Survival Series – Vol 2A/2016

The Clipper Round the World Yacht Race arrives in Airlie Beach on 13 January 2016 and the fleet will be on display at Abell Point Marina from 13 – 18 January. There are lots of Free Events happening over this festival period. Check out the timetable of events here: Round the World Clipper Festival Events –… Read More »Clipper Round the Word Race Fleet arrives in the Whitsundays

Monday Inspiration : Bob Oatley – Owner of Hamilton Island since 2003, Legendary Business Man, Creator of the Oatley Wines empire and Owner of Maxi Yacht Wild Oats X and Super Maxi Wild Oats has died aged 87.   Mr Oatley was one of the Whitsunday regions most famous champions and a true inspiration to… Read More »Bob Oatley – Owner of Hamilton Island since 2003 has died aged 87

Press on the picture to play our seasonal greeting! Season’s Greetings The PD Law Christmas/New Year Elite Special Ops division will be available over the Christmas break (excluding from noon Christmas Eve and statutory holidays) We hope you and your family have a fantastic Christmas and a safe and Happy New Year!

Perennial Battlelines The agent works tirelessly getting the parties to the table, the lawyer gives advice about pool compliance risk (now in the shape of a $20,000 fine). Buyer gets concerned, tells lawyer to kill the deal and to pass on the bad news, agent curses lawyer …  the cycle of real estate life grinds… Read More »1 December 2015 and still no pool safety certificate? That’s fine but what will the buyer’s lawyers say?

$50? $100 maybe?  A light meal at a casual restaurant?  A few rounds with friends? A tank of fuel? Now consider that number in the context of say a $500,000 house purchase. On anyone’s scale, it’s a tiny proportion. And yet that’s all it takes to cloud consumer judgment when it comes to choosing legal… Read More »Apples with Apples…When price point kills service!

It’s a trite comment to say Apple has got it right. A cursory Google (or perhaps Safari?) search will reveal the message behind the Apple brand, and how it is supported with an almost religious zeal by its followers, and its team. No we don’t think we’re Apple, or Google, or Coke, or the North… Read More »We’re lawyers! What do we know about branding?

When are your vendor clients, (and you) locked in by email? Some sellers and buyers don’t want to be locked in until the proverbial ink dries on the contract. You’ve probably seen or even typed emails during negotiations with phrases like  subject to the parties signing a formal contract…, which have traditionally made it clear… Read More »Email exchanges and other land mines  – tread carefully

I’LL CUT MY OWN DEAL THANKS  Keeping the lawyers out, and other good ideas.   ‘Just keep it simple and to the point – the last thing I want to do is scare them off.’  Everyone, and I do mean everyone, leads with those words when they’re providing instructions. It’s understandable. Apart from obvious reasons like… Read More »DIY Lawyer

Business Mobility, Knowledge Workers and Choice 20 years ago our reception area was frequently short on chairs. A combination of limited technology, and traditional expectations of lawyer / client relationships meant that often, business was conducted face-to-face. Today, the business of law is vastly different, and for good reason. First, people don’t have time to… Read More »THERE’S NOWHERE TO SIT!

Just before Christmas, PD law CEO Mel Cox took a call from a prospective home buyer client wanting a price for a conveyance. With expected apprehension of any buyer of legal services, our soon to be client asked the obligatory barrage of questions, making sure she knew we knew what we were talking about. Yet,… Read More »‘Give me certainty please’ – Fixed Fee legal pricing and why it works

PD Law has revealed its new look office signage. Thanks to local signage business – Angel Signs we now have a brand new look – and we think it’s great. We recently redefined our vision statement and wanted our branding to reflect this said Mel Cox – Director/CEO. Our firm is relentless in building a… Read More »PD Law Office has a makeover – new signage!

Here’s the PDL Bullet point list There’s a new look and feel about it, a fresh new layout and some key changes that we’ve been hoping would be included. Some of the key features include: Title Encumbrances – must be specifically listed, especially statutory easements and covenants. It’s not sufficient any more to simple say… Read More »Agents – Too Busy to read the New Contract?

“I went into business with your spouse, not you!” You’ve been in business with your good friend and close ally Mark for almost a decade, building a strong business together. You’ve survived the GFC, massive competition, and a couple of bad business decisions you’d rather forget. But you’ve both come through, and your business is… Read More »Business Wills – managing the silent partner !

Island life – taking the plunge! Diving in – what’s different? While many are familiar with buying and owning freehold title property like vacant land, houses or units, the concept of leasehold title is different. In practice though, for property holders on Hamilton Island, the difference is not significant. Title to all property on Hamilton Island… Read More »Buying on Hamilton Island? Download our comprehensive guide!

Like many husbands / dads, I think I do my fair share of work around the house. But it’s during weeks like this one – my wife away at a  conference, two of my three children at home with exotic / challenging stomach bugs – where I realise the real work is at home! Anyway,… Read More »Embracing remote working in a tech savvy office – A Story of Flexible Working

In today’s digital society, treasured memories and valuable assets are being  stored, uploaded and shared as part of everyday life.  Along with the photos we upload, our status updates, tweets, blog posts and emails, this wealth of personal information has combined to form what is now referred to as our “digital legacy”. It is becoming… Read More »Online Assets – Deciding who controls your digital legacy

Here’s a brief summary of its effect on your business as real estate agents, and what you and your developer clients should consider. We’ll provide a more comprehensive summary once the legislation comes into force: The Big Ticket items it relocates and slightly amends pieces of legislation from the Land Sales Act across to the… Read More »Sales Team Alert – On Tuesday, the QLD Parliament passed the Land Sales and Other Legislation Amendment Bill 2014

Hot on the heels of the ALPMA/Telstra Thought Leadership Award, we are pleased to announce that our CEO Mel Cox has been nominated for the Whitsunday Women in Business Awards 2014! This award will go to the best Woman Business Owner Champion in Airlie Beach and the Islands for 2014 and shows how highly thought of Mel is amongst… Read More »CEO/Director of PD Law – Mel Cox is nominated for the Whitsunday Women in Business Awards

PD Law are delighted to announce, that this week they have launched a Client Portal and Mobile Phone App, offering their clients the opportunity to access their information by downloading an iPhone or iPad app or  going onto the web. Clients will be able to check on their critical dates, look at reminders, view their contracts… Read More »PD Law Launches a Client Portal and Mobile App

This was the topic set to the Finalist Panel for the ALPMA/Telstra Thought Leadership Award Finalists by Warrick McLean General Manager, Coleman Greig Lawyers ALPMA. Mel Cox CEO/ Director of PD Law answers the 5 questions posed regarding Innovation and Law Firms : Q1 What is the difference between innovation and improvement and what is the defining characteristic of… Read More »Law Innovation. If it was easy, everyone would!

Meet Isabelle (Izzy) who is completing her structured workplace learning at PD Law this week. Isabelle is in Grade 12 at Proserpine High School and she expressed an interest in working with us, when the opportunity came up. We asked her a few questions to get to know her: Why did you want to do… Read More »Isabelle (Izzy) on work experience from Proserpine High School

You’re invited to an investment information evening. For investors in the Whitsunday region, or aspiring ones, the property market can be a confusing place. Stuart Bell, a director at Property and Development Law, will be one of the speakers at this event, to advise attendees on asset protection, entry and exit strategies and contract costs.… Read More »Investment Information Evening – February 13th 2014

A guide to buying real estate in the Whitsundays The Whitsundays has more than most to offer. Encompassing four unique townships, the region offers an ideal mix of stunning natural surroundings, a relaxed lifestyle and economic growth through development, tourism, agriculture and resources. Airlie Beach, the hub of tourism in the Whitsundays, is home to… Read More »Purchasing Property in Paradise

How they work We’ve all heard about these. Sometimes called ‘mortgagee in possession’ sales, or ‘mortgagee auction’ sales, even ‘foreclosures’, the result is the same: a property owner defaults under the mortgage, and the bank sells the property up. The image conjures up phrases like ‘rock bottom price’, ‘take it or leave it’ and ‘as… Read More »Mortgagee sales – what’s in store for buyers

Off The Plan The term ‘off the plan’ is not so much a legal term but rather an industry one, referring to all types of units and land being sold (but not settled) before legal title actually exists. Below are some of the essential elements of off-the-plan contracts, along with some things to consider before… Read More »Buying off the plan – the detail

Motivation to sell More than ever, agents will need to be very attuned to clients’ reasons for selling. Rarely will a seller be inclined to candidly speak of their personal financial position, and understandably so. The irresistable conclusion is however that you must establish whether a seller’s motivation to sell is not so much their… Read More »Distressed sales – has the price been cleared?

Sales Team Alert – 22 November 2013 PAMDA out – POA in – soon! On Wednesday the Property Occupations Bill was introduced to Parliament. It will, once it commences, replace PAMDA … thankfully…   What do you need to know Transitional provisions – for any contracts signed while PAMDA is in force, they’ll continue to… Read More »PAMDA out – POA in – soon!