2 White Eggs with Black Background

Case Update: Court Allows Removal of Deceased Partner’s Testes

Generally, a human body (alive or dead) is incapable of being owned or possessed. However, Australian courts have recognised that a person’s reproductive cells in certain circumstances are property capable of passing to the person’s personal representative after his or

Vacant Land with Blue Sky and Clouds

Case Update: Pile of Rocks Not Included in Sale of Land

When buying land, it is important for both parties to understand what will be included and what will be excluded. The recent Queensland case of Tonge v Living Gems Pty Ltd[1] shows what can happen when the parties to a

Gavel with Law Books

Tired of Waiting: Can a Beneficiary Terminate a Trust Early?

What is a trust? A trust is an arrangement whereby one person (the trustee) holds or owns property for the benefit of another person (the beneficiary). A trust is not a separate legal entity but rather a legally recognised relationship

Vintage typewriter typing last will & testament

Basics to Know Before You Write Your Will

Most people don't like to think about dying while in the prime of their lives. However, all people need to clarify where their assets will go after they die. Otherwise, all of an individual's possessions will be turned over to

Old bank with pilars

3 Unexpected Benefits of Bankruptcy

When you hear the word bankruptcy, you likely envision a lot of horrific consequences. You understand that bankruptcy negatively affects your credit for years. You know that bankruptcy often results in home and property loss. And of course, you worry

Lawyer signing an agreement

The Basics of Prenuptial Agreements

A prenuptial agreement, or Binding Financial Agreement (BFA), is an agreement between couples made before a marriage or de facto relationship. The Family Law Act of 1975 allows couples to create a legally binding agreement concerning assets and property in

Termination of Contract - Failure to Meet Due Date

Case Update: Termination Of Contract Upheld Because Of Buyer’s Failure To Meet Due Date

Contracts for the sale of residential and commercial land will often include certain conditions inserted for the benefit of a buyer.  However, in Queensland, time is of the essence in relation to these conditions.  The importance of buyers meeting the

State Steps in to Bury Dead Body

Terribly Sad: State Steps in to Bury Dead Body

When someone dies, their personal representative (i.e. the executor or administrator) is tasked with taking suitable steps to dispose of their body.  The personal representative’s decisions regarding such disposal are paramount and as such, their wishes have priority to any

Small Dog Looking Up

Pet Custody: Who gets the pets during a separation?

During a relationship separation parties are often faced by events where they are required to distribute their property and arrange who their children will live with. Linked to this, is an area of family law which is becoming increasingly common,

Last Will & Testament Written on iPhone

Yu v Yu: ‘iPhone Will’ Causes Confusion

For a Will to be valid in Queensland, it has to meet certain requirements set out in section 10 of the Succession Act 1981 (Qld) (‘Act'). In particular, it needs to be in writing and signed by the person making

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