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Family Law Property Settlement Explained: How Assets Are Divided After Separation

Fri, 13 Mar 2026 05:20:46 GMT

Separation is one of the most stressful experiences a person can go through. On top of the emotional weight, there are real and pressing questions about money, property, and what happens next.

A property settlement is the legal process of dividing assets, liabilities, and financial resources between two people following a relationship breakdown. It covers homes, vehicles, investments, savings, superannuation, businesses, and debts. Getting it right matters for your financial future and your peace of mind.

In this blog post, we explain how property settlement works in Australia, with a focus on Queensland law, and what you can expect at each stage of the process.

The Legal Framework: The Family Law Act 1975

Property settlements for both married and de facto couples are governed by the Family Law Act 1975 (Cth). This applies across Australia, including Queensland.

The Act gives the family law courts broad powers to determine a family law property settlement and make orders about property and liabilities where it would be just and equitable to do so. It also sets out the rights and obligations of separating couples, including the duty to make full financial disclosure.

Importantly, from 10 June 2025, a number of changes to the Family Law Act took effect. These include an explicit duty of financial disclosure now written into the Act itself, and new provisions requiring courts to consider the economic effect of family violence when assessing property and financial matters. These are significant changes that affect how settlements are assessed, particularly where one party's ability to work or manage finances has been impacted by family violence.

When Does Property Settlement Apply?

Property settlement applies after the breakdown of a marriage or a de facto relationship.

Married Couples

For married couples, you can begin the property settlement process as soon as you separate. You do not need to wait until the divorce is finalised. However, if you want to make a court application for property orders, you must do so within twelve months of your divorce becoming final.

De Facto Relationship

For de facto couples, the time limit is two years from the date of separation.

Missing these deadlines can leave you without the ability to pursue your entitlements through the courts. It is worth noting that child support is generally dealt with separately to a property settlement and is administered through Services Australia. For everything else, seek legal advice early. It can make a meaningful difference to your outcome.

Do You Have to Go to Court?

No. Most property settlements are resolved without ever stepping inside a courtroom.

Before making a court application, separating couples are expected to make a genuine effort to resolve their dispute through negotiation or dispute resolution. This is not just practical advice. It is a requirement of the pre-action procedures under the family law rules. In certain circumstances, such as where family violence is present or where urgent action is needed to prevent the disposal of assets, parties may be exempt from these procedures.

Negotation

Negotiation between you and your former partner, ideally with legal support, is often the most efficient path. If it is safe to do so, direct negotiation can save time and reduce legal costs.

Mediation

Family dispute resolution through mediation involves a neutral third party who helps both sides work toward an agreement on property arrangements. It is commonly used in property matters and can lead to a binding outcome without any court involvement.

Arbitration

Arbitration is another option for property disputes. A private arbitrator makes a binding decision, similar to a court order, but outside the court system. It can be faster than litigation and gives parties more control over the process.

If these approaches fail, either party may apply to the Federal Circuit and Family Court of Australia for property orders. The court can make financial or property orders either based on an agreement reached between the parties, or after a full hearing or trial.

Identifying the Property Pool

The first step in any property settlement is identifying what is actually available to be divided. This is called the property pool.

The property pool includes all assets and liabilities held by either party, whether jointly or individually. This covers real estate, bank accounts, vehicles, shares, businesses, superannuation, personal property, and debts.

A few important points:

Superannuation is included in the property pool but is treated as a distinct type of property under the Family Law Act. Specific rules and processes apply to superannuation interests, and splitting them requires additional steps beyond those used for other assets.
Assets disposed of since separation, including decisions to sell property, money spent, or assets transferred, may still be taken into account by the court. Document anything that has changed hands since you separated.
The court looks at the value of assets at the time of the proceedings, not at the time of separation. This means valuations may need to be updated if circumstances have changed.

Where properties, businesses, or other significant assets are involved, you should obtain professional market valuations. Superannuation funds require a specific process to obtain a valuation for splitting purposes.

Financial Disclosure: A Legal Duty

Both parties have a legal duty to provide full and frank financial disclosure. This duty is ongoing. It applies throughout the entire negotiation and court process, not just at the start.

Documents you will typically need to provide include:

Bank and credit card statements
Tax returns and notices of assessment
Property valuations
Superannuation statements
Loan documents and mortgage statements
Business financials if applicable
Any other documents relevant to your financial position

The duty of financial disclosure is now explicitly set out in the Family Law Act 1975, effective from 10 June 2025. If you fail to comply, you may face serious consequences, including financial orders made against you or other penalties . Non-disclosure also undermines any agreement you reach and can result in orders being set aside later. Where family violence has affected a party's financial position or access to documents, legal advice should be sought early about how to manage disclosure safely.

The Four-Step Court Process

Following the Family Law Amendment Act 2024, the family court framework for determining property settlements has been codified into four steps. This change came into effect on 10 June 2025 and was designed to make property proceedings clearer and more accessible, particularly for people without legal representation.

Throughout all four steps, the court keeps returning to one overarching question: is the outcome just and equitable? This consideration runs through the entire process rather than sitting as a separate step.

Step 1 — Identify and value the property pool. All assets, liabilities, and financial resources held by either party — jointly or individually — are identified and valued.

Step 2 — Assess contributions. The court looks at what each party contributed to the relationship before, during, and after separation. This includes financial contributions, non-financial contributions, and contributions as a homemaker or parent. From 10 June 2025, the court must also consider whether family violence affected a party's ability to make contributions.

Step 3 — Assess current and future circumstances. The court considers each party's income, earning capacity, age, health, care responsibilities, and financial resources going forward. Family violence and its economic impact on a party's present and future circumstances must also be taken into account where relevant.

Step 4 — Determine whether the outcome is just and equitable. The court will only make financial or property orders if it is satisfied the proposed property settlement is fair in all the circumstances. This applies whether the parties have reached their own agreement or the matter has proceeded to a hearing.

How Contributions Are Assessed

Contributions are considered across the full span of the relationship, from the beginning, through the relationship, and after separation.

Financial Contributions

Financial contributions include income, savings brought into the relationship, inheritances, and financial gifts. An inheritance received by one party may be considered in the settlement, but the other party's contributions to the family, including caring for children or maintaining the home, are also heavily weighted.

Non-Financial Contributions

Non-financial contributions include improvements to property, unpaid labour in a family business, and other contributions that added value without direct cash.

Homemaker & Parenting Contributions

Homemaker and parenting contributions are given real weight under the Family Law Act. Time spent raising children, managing the household, and supporting a partner's career are recognised contributions to the property pool.

Indirect Contributions

Indirect contributions, such as financial support from a party's family, may also be taken into account depending on the individual circumstances of the relationship.

From 10 June 2025, the court is also required to consider whether family violence affected a party's ability to make contributions. If one party's contributions were limited because of family violence, this can now be factored into the assessment.

Current and Future Needs

After assessing contributions, the court considers whether an adjustment is needed based on each party's current and future needs. This is sometimes called the "future needs" adjustment.

Factors the court considers include:

Care of children — the primary carer may receive a larger share to account for ongoing care responsibilities, including the cost of raising children and any financial support paid through child support arrangements
Earning capacity — if one party has a significantly lower income or limited ability to return to work, this may be factored in
Age and health — older parties or those with health conditions may need additional support
Financial resources — existing assets, investments, or entitlements held outside the property pool

Formalising Your Agreement

If you reach an agreement about your family law property settlement without going to court, there are two main ways to make it legally binding.

Consent orders are filed with the family court and, once approved, have the same effect as a court order. A family lawyer in Airlie Beach can prepare and file these on your behalf. The family court must be satisfied the outcome is just and equitable before approving them.

A binding financial agreement (sometimes called a BFA or prenuptial agreement) is a private financial agreement between the parties. It does not require court approval, but both parties must obtain legal advice independently before signing. If these requirements are not met, the financial agreement may be invalid.

Both options provide legal certainty. A verbal or informal arrangement does not protect either party if the other person changes their mind later.

Special Matters: De Facto Couples, Superannuation, and Inheritances

De Facto Couples

De facto couples are covered by the Family Law Act, but must meet certain eligibility criteria. The relationship must generally have lasted at least two years, though exceptions apply where there is a child of the relationship, noting that child support for that child may be dealt with separately, or where one party made significant contributions.

Superannuation Splitting

Superannuation splitting requires specific steps. You will need to obtain a valuation from the fund and prepare an agreement or court order to split superannuation payments. Superannuation cannot simply be transferred. The process of splitting superannuation interests must follow the rules of the fund and the relevant legislation.

Inheritances & Gifts

Inheritances and gifts are not automatically excluded from the property pool. Whether they are taken into account depends on when they were received, how they were used, and the overall circumstances of the relationship.

Pets

Family pets are treated as property under the Family Law Act. The family court can make financial or property orders about who keeps family pets, but cannot order joint ownership or shared possession arrangements. From 10 June 2025, courts hearing married couples' cases can deal with family pets and companion animal disputes separately from other property matters.

Case Studies

Married couple, larger property pool

A married couple with a combined property pool of approximately $4 million initially had contributions assessed at 50/50. However, following the future needs assessment, the wife received 60% of the pool due to her limited earning capacity and her role as the primary carer of the children.

De facto couple, property growth

In a de facto relationship where the property equity grew from $200,000 to $800,000, the settlement was structured to return each party to their initial financial position, with the increase in value shared equally between them.

Inheritance during marriage

A husband received a $500,000 inheritance during the marriage. While this was included in the property pool, the wife's non-financial contributions, including years of homemaking and child-rearing, were given significant weight in the final division.

Talk to a Property Settlement Lawyer in the Whitsundays

Most people going through a property settlement have never done it before. The law is detailed, the paperwork is real, and the financial consequences of getting it wrong can follow you for a long time. You should not have to figure it out alone.

Airlie Legal works with people across the Whitsunday region who are at every stage of this process. Some are just beginning to ask questions, others are already in disputes. We help with financial disclosure, negotiating outcomes, preparing consent orders, and, where necessary, family court proceedings. What we do not do is make an already difficult situation harder than it needs to be.

If you have a property matter you need to talk through, get in touch for a no-obligation consultation . We will give you a straight answer about where you stand and what your options are.

What Does an Executor of a Will Actually Do?

Thu, 05 Mar 2026 22:00:01 GMT

Most people named as the executor of a will say yes before they know what they're agreeing to. It's an enormous responsibility, and the list of obligations is longer than most expect. If you've recently been appointed as the executor of a will, or you're in the process of writing your own and want to make the right choice, this blog post walks you through the executor's duties clearly and honestly, starting with funeral arrangements and finishing with the final handover of assets.

What Is an Executor?

An executor is the person named in a deceased person's will to administer the deceased person's estate after they pass away. Their job is to carry out the instructions left by the deceased person and make sure assets are distributed to all the beneficiaries.

The role can be straightforward in simple estates, or it can become complicated when there are multiple assets, debts, disputes, or family dynamics at play . Either way, it carries real legal weight.

Do You Have to Accept the Role?

No. You are not obliged to accept the role of executor of a will even if you've been named in it. If you choose to decline, you should do so as soon as possible and before you begin any part of the administration process. Once you start acting as executor, stepping back becomes more complicated.

If you decline, a different executor named in the valid will can take on the duties. If no substitute is named, it's possible to apply for a court-appointed administrator to step in. This is also the process followed when a deceased person has passed away without a will, known as dying intestate. When someone dies intestate, an administrator is appointed rather than an executor, and they must follow the laws of intestacy to distribute the estate. You can also transfer the role to an independent professional executor. In Queensland, the Public Trustee can assist if you're having difficulty managing the estate.

If you're unsure whether to accept, it's worth getting legal advice before you decide.

The Main Duties of an Executor

The executor's responsibilities begin almost immediately after the death and can continue for months or even years. Managing an estate typically takes between 6 and 24 months to complete, depending on complexity.

Here's what the role generally involves:

Arranging the funeral

As executor, you're responsible for making all funeral arrangements and covering the funeral expenses on behalf of the deceased person. These costs are reimbursed from the estate.

Obtaining the death certificate

You'll need certified copies of the death certificate to notify banks, government agencies, and other institutions.

Locating the will and notifying beneficiaries

You need to find the original will and contact all beneficiaries named in it. Beneficiaries have a right to know they are included in the estate.

Applying for a Grant of Probate through the Supreme Court

If the deceased held property, bank accounts, shares, or other significant assets, you will likely need to apply for a Grant of Probate from the Supreme Court of Queensland. It may also be necessary to apply in the Supreme Court if the estate involves assets across multiple states or jurisdictions. Probate confirms the will is valid and gives you the legal authority to deal with the legal processes involved in transferring assets to the rightful beneficiaries. Without it, many institutions won't release funds or allow any transfer of assets.

Collecting and managing the deceased's estate

You're responsible for identifying and collecting all assets belonging to the deceased person's estate. This includes real estate, bank accounts, superannuation (in some cases), shares, business interests, vehicles, and personal belongings. You'll need to keep accurate records of everything.

Paying debts and liabilities

Before distributing anything to beneficiaries, you must settle all debts owing, including loans, credit cards, bills, and any taxes owed by the deceased person. This includes any debts owing to government agencies or creditors that have accrued prior to the date of death. The executor is also responsible for managing the deceased person's income tax affairs with the Australian Tax Office, including lodging any outstanding tax returns.

Distributing the estate

Once debts are settled, you distribute the remaining assets to beneficiaries according to the will. It's generally recommended to wait at least six months from the date of death before making final distributions. This allows time for any claims against the estate to surface.

What Power Does an Executor Have in Australia?

An executor has broad authority to act on behalf of the deceased's estate. This includes selling property or shares, closing bank accounts, paying debts, and entering into agreements on behalf of the deceased's estate.

However, that power comes with accountability. The executor must act in the best interests of the estate and all beneficiaries, not just the ones they're closest to. They must keep proper accounts and provide beneficiaries with full information about the assets and money held by the deceased person.

Legal Proceedings & Personal Liability

Importantly, an executor can be personally liable for errors made during the administration process. If a claim is made against the estate, the executor is responsible for defending it during any legal proceedings. This is one of the main reasons it's advisable to seek advice from a wills lawyer throughout the process, even when there are no obvious disputes between beneficiaries.

Legal fees incurred in seeking that advice are generally paid from the estate, not out of the executor's own pocket.

Can a Beneficiary Also Be the Executor?

Yes. A beneficiary can be named as the executor of a will. This is actually quite common, particularly with spouses or adult children who are both inheriting from and administering the deceased person's estate.

There's no legal conflict in holding both roles, but it does require the executor to remain impartial and act in the interests of all beneficiaries of the deceased person, not just themselves.

Who Is the Best Person to Be an Executor?

Choosing the right executor of a will is one of the most important decisions you'll make when writing your own. There's no single right answer, but there are qualities worth looking for in the person you name as executor of a will.

A good executor should be:

Organised

The role involves managing significant paperwork, meeting deadlines, and coordinating with banks, government agencies, lawyers, and beneficiaries. It requires someone who can stay on top of detail.

Trustworthy

The executor will have access to sensitive financial information and must act honestly and impartially throughout the process. Integrity matters.

Financially and legally capable

They don't need to be a lawyer or accountant, but they should be comfortable seeking professional advice and following through on legal and financial obligations, including settling any debts owing and managing the deceased person's tax affairs.

Available

Administering an estate takes time. The executor needs to be in a position to commit to the process, which can span one to two years.

An executor must be over 18 years of age and of sound mind. They can be a family member, a close friend, or a professional such as a solicitor. It's also recommended to name at least one substitute executor in case your first choice is unable or unwilling to serve when the time comes.

It's worth reviewing your choice of executor periodically. Circumstances change, and the person you named ten years ago to handle the estate administration may no longer be the right fit.

A Checklist to Keep You on Track

If you're acting as executor and administering a deceased's estate, working through the following steps will help you stay organised:

Obtain the death certificate and certified copies
Locate the original will
Notify banks, government agencies, and relevant institutions
Identify and secure all assets of the estate
Apply for a Grant of Probate if required
Pay all outstanding debts and liabilities
Lodge any outstanding tax returns with the ATO
Keep detailed records of all transactions
Distribute assets to beneficiaries according to the will

Get the Right Legal Services

Taking on the role of executor of a will is no small thing. It's a legal and financial responsibility that can stretch across months, sometimes years, and the decisions you make along the way have real consequences for the people you're acting on behalf of.

You don't have to figure it out alone. Seda Sanli at Airlie Legal works closely with executors across the Whitsundays to offer legal expertise through every stage of estate administration, from applying for probate to making the final distribution. Whatever stage of the process you're at, Airlie Legal can help you move forward confidently.

Call Seda today on 0421 422 482 or enquire online for a no-obligation consultation.

What Does a Conveyancer Do?

Sat, 28 Feb 2026 06:47:56 GMT

Most people sign a contract of sale before they fully understand what happens next. That's not a criticism. Property transactions move fast, and the pressure to commit can come before you've had time to ask the right questions. Many people only start asking, what does a conveyancer do, once the paperwork is already in motion. Conveyancing is the legal process that sits behind every property transfer, and what it actually involves is more involved than most buyers and sellers expect. This blog post breaks it down clearly, so you know exactly what a conveyancer's job involves. And why it matters.

What Is Conveyancing?

Conveyancing is the legal process of transferring ownership of a legal title of land, and with it, all rights of property ownership, from one person to another. It begins when a contract of sale is prepared and ends when the title is formally transferred at settlement.

The process sounds very simple, but it involves a series of legal steps, legal documents, searches, and financial transactions that all need to be completed correctly and in the right order. Missing a step or getting something wrong can delay settlement, expose you to unexpected costs, or in serious cases, put the entire transaction at risk.

In 2025 and into 2026, conveyancers in Queensland must also navigate stricter seller disclosure requirements introduced under the Property Law Act 2023, which came into effect on 1 August 2025 . This has added a further layer of responsibility to the process, particularly for sellers, who must now ensure all required information is previously disclosed to buyers before a contract is signed, or risk giving the buyer grounds to terminate.

What Does a Conveyancer Actually Do?

A conveyancer is a licensed professional who manages this process on your behalf, whether you're buying or selling. In property buying especially, having the right person in your corner from the start can prevent problems that are far harder to resolve once you're already committed. Here's what that typically involves:

All the legal documents

From preparing legal documents to lodge legal documents with the relevant government authority, including the Queensland titles office and other regulatory bodies, a conveyancer's core responsibility is to make sure all the legal documents associated with your transaction are accurate, legally sound, and delivered on time. This covers everything from the contract of sale through to transfer documents at settlement.

Preparing and reviewing the contract of sale

For sellers, the selling process begins here. Your conveyancer drafts the contract and makes sure it accurately reflects the terms of the sale, including the agreed settlement date and any special conditions.

For buyers, it means reviewing every clause of the legal contract before you sign, identifying anything that could work against you, and advising on whether conditions or amendments are needed.

Conducting property searches

Before you commit to a purchase, a number of searches need to be carried out. These include title searches, local council rates, water rates, land tax obligations checking, planning and zoning checks, building and pest inspections, and checks for any illegal building work that may not have been approved or certified. Your conveyancer also obtains and reviews the legal documents associated with these searches.

The purpose is to uncover anything that could affect the property's value or your ability to use it as intended, including unresolved matters such as a fence dispute with a neighbouring property, which can become the buyer's problem if not identified before settlement.

Verifying your identity

The law requires all parties to verify their identity before they can buy or sell property in Queensland. Conveyancers manage this process as part of their role, which also helps protect against fraud and title theft.

Calculating settlement figures

Your conveyancer prepares a settlement statement: a detailed breakdown of all costs associated with the transaction, including the purchase price adjustment, legal fees, stamp duty, registration charges, adjustments for rates and water, and any other applicable expenses. Part of your conveyancer's role is to make sure all taxes settle correctly at this stage, so you're not left with unexpected liabilities after the transaction is complete.

Coordinating with all parties

Conveyancers don't work in isolation. They coordinate with your bank or financial institution, reviewing your mortgage agreement and assisting with arranging finance documentation where required, as well as real estate agents and the other party's legal representative, to make sure everyone meets their obligations on time. If your financial institution requires documentation at any point before property settlement, your conveyancer manages that exchange as part of keeping the transaction on track.

Managing settlement and property settlement overseeing

In Queensland, settlement is now handled electronically through platforms like PEXA . Your conveyancer manages this process, lodging the transfer documents and coordinating the financial transactions so that ownership transfers correctly and on time.

Conveyancer vs Solicitor: What's the Difference?

This is one of the most common questions people ask when starting the process.

What a Licensed Conveyancer Does

A professional conveyancer specialises specifically in property transactions. Some may hold a law degree or even be admitted solicitors, but this isn't required to practise conveyancing. They can handle most standard residential purchases and sales competently and are often more cost-effective for straightforward transactions, frequently charging a fixed fee for their services.

Professional Indemnity Insurance

In Queensland, both solicitors and licensed conveyancers are required to hold professional indemnity insurance. This protects you as a client if an error or oversight during the conveyancing process causes you financial loss. Before engaging anyone to handle your transaction, it's worth confirming their licence and insurance are current.

What a Conveyancing Solicitor Offers

A conveyancing solicitor is a fully qualified lawyer who can handle conveyancing alongside a broader range of legal matters. Both are legal professionals, but a conveyancing solicitor can provide deeper guidance on complex property and tax law matters that fall outside a conveyancer's scope. This becomes particularly relevant when a transaction involves added complexity, such as purchasing through a company or trust structure, property subdividing land, dealing with disputed contracts, navigating a deceased estate, or buying and selling across state lines.

Which One Do You Need?

When deciding between a conveyancer or solicitor, the nature of your transaction is the most important factor. Either way, the professional you appoint should have a vested interest in your outcome, not just in processing the paperwork.

For straightforward transactions, either can serve you well. But for anything outside the ordinary, having a conveyancing solicitor involved means you have access to broader legal advice without needing to go elsewhere.

At Airlie Legal, all conveyancing is handled by qualified lawyers . That means you get thorough, professional service for a standard purchase, with the added security of full legal backing if anything unexpected comes up.

Should You Consider DIY Conveyancing?

Technically, it's possible to handle your own conveyancing in Queensland. In practice, the risks involved are significant and easy to underestimate.

Property law involves strict timeframes, specific legal requirements, and a level of detail that's easy to underestimate. A missed search, an incorrectly drafted contract condition, or a misunderstanding about settlement obligations can carry serious legal implications, including delays, financial penalties, or in the worst cases, a collapsed transaction.

For most people, the cost of professional advice from a qualified conveyancer or property lawyer is modest relative to the value of the transaction. The peace of mind alone tends to be worth it.

Should You Consider DIY Conveyancing?

Technically, it's possible to handle your own conveyancing in Queensland. In practice, the risks involved are significant and easy to underestimate.

For most people, the cost of professional advice from a qualified conveyancer or property lawyer is modest relative to the value of the transaction. The peace of mind alone tends to be worth it.

What Does Conveyancing Cost?

Conveyancer cost varies widely depending on how complicated the transaction is. Most property lawyers and conveyancers charge a professional fee plus disbursements, which are the out-of-pocket costs for searches, certificates, and government registration fees.

Conveyancing fees are generally paid as part of the settlement process. For sellers, fees are typically deducted from the sale proceeds, with the cost of the sale paying for itself many times over when the transaction is handled correctly. Both buyers and sellers are responsible for their own conveyancing costs at the end of the transfer process.

Before you engage anyone, ask for a clear breakdown of:

The professional fee
Estimated disbursements
Any additional costs that might arise, depending on the property or transaction type

In Queensland, other costs to factor in for your property purchase include transfer duty, title registration fees, and any applicable body corporate certificates if you're buying into a community title scheme. A good property lawyer will walk you through all anticipated costs upfront so there are no surprises at settlement.

How Long Does Conveyancing Take?

The conveyancing process typically takes around 8 to 12 weeks to complete, though this depends on a number of factors including the complexity of the title, how quickly searches and certificates are returned, the responsiveness of lenders, and whether any issues arise during the process.

A good conveyancer keeps you updated on progress throughout and flags anything that might affect the expected timeline early enough to address it. You shouldn't have to chase for updates.

Buying or Selling Interstate?

If you're purchasing property in New South Wales while based in Queensland, or the other way around, the legal requirements differ between states. NSW has its own contract structure, cooling-off rules, and disclosure obligations that don't apply in Queensland. Conveyancers practising in NSW are also regulated under NSW Fair Trading, which sets its own licensing and conduct requirements.

Airlie Legal handles interstate conveyancing for clients buying and selling in NSW, managing the process from contract through to the settlement process with the same standard of care applied to local transactions.

Chat With Airlie Legal About Your Property Transaction

By the time most clients reach settlement, they understand the answer to the question, "What does a conveyancer do?"

Conveyancing done well is largely invisible: deadlines are met, searches come back clean, figures are right, and settlement happens without drama. our conveyancer works closely with your bank, the other party’s representative, and your real estate agent to keep everything aligned from exchange through to completion. When something goes wrong, you notice.

Seda Sanli at Airlie Legal works with buyers, sellers, investors, and developers across the Whitsundays with exactly that standard in mind. From standard residential purchases to marina berths, off-the-plan contracts, interstate transactions, and sales complicated by the new seller disclosure regime, Airlie Legal handles the legal detail so you don't have to.

Call Seda on 0421 422 482 or enquire online for a no-obligation conversation about your property transaction.

How a Good Lawyer Can Help Reduce Stress During Separation

Fri, 20 Feb 2026 00:00:05 GMT

Your mind is racing at 3am again. Questions pile up. What happens to the house? How will the kids cope? Can you afford to live separately? Separation is one of life's most stressful experiences. Everything feels uncertain and overwhelming.

While a lawyer can't take away all the stress, they can significantly reduce it. Here's how the right separation lawyer makes a difficult time more manageable.

Taking the Legal Burden Off Your Shoulders

You have enough to worry about. Figuring out complex legal processes shouldn't be one of them. A separation lawyer handles the legal work so you can focus on yourself and your family. They prepare documents, file paperwork, and deal with deadlines. They communicate with your former partner's lawyer. This removes a huge weight from your shoulders.

Providing Clear Answers to Your Questions

Uncertainty breeds anxiety. When you don't know what's happening or what to expect, stress multiplies . A good separation lawyer answers your questions in plain language. They explain your options and the likely outcomes. They give you realistic timeframes. This information helps you feel more in control. You can plan ahead instead of constantly worrying.

Acting as a Buffer in Difficult Communications

Direct communication with your former partner can be emotionally draining. Arguments happen. Old wounds resurface. Having a lawyer means they handle these communications for you. They keep discussions focused on practical matters. They filter out the emotional content. This creates distance from the conflict and protects your wellbeing.

Preventing Avoidable Problems

Mistakes in family law can be costly and stressful to fix. Your lawyer's experience helps you avoid common pitfalls. They'll tell you what not to do. They'll warn you about decisions that could backfire. Prevention is always better than cure. Knowing you're making the right choices brings peace of mind.

Keeping Things Moving Forward

Family law matters can drag on. The longer they take, the more stressful they become. A proactive lawyer keeps your matter moving. They meet deadlines, respond promptly, and push for progress. They know when to negotiate and when to take firmer action. This momentum helps you move on with your life sooner.

Offering Objective Perspective

Emotions run high during separation. It's hard to think clearly when you're hurt, angry, or scared. Your lawyer provides objective perspective . They're not emotionally involved. They can see your situation clearly and give you rational advice.

Connecting You With Additional Support

Separation lawyers work with other professionals who can help you. They can refer you to financial advisers, counsellors, mediators, or child psychologists. Getting connected to the right people means you're supported in all aspects of your separation.

Giving You Confidence

Perhaps the biggest stress-reducer is confidence. When you have an experienced lawyer on your side, you know someone is looking after your interests. You're not alone in this. You have an expert guiding you through. This confidence helps you sleep better at night.

Separation is never easy. But you don't have to navigate it alone. The right legal support can make the journey less stressful.

If you're going through a separation in the Whitsundays, Airlie Legal is here to help reduce your stress and protect your future. Contact us today to get started.

Why Early Legal Advice Matters in Family Law Matters

Fri, 13 Feb 2026 00:00:02 GMT

Have you ever ignored a small problem, hoping it would go away, only to watch it grow into something much bigger? When it comes to family law, waiting to get legal advice can create complications that could have been avoided.

Many people delay seeing a lawyer. They hope things will work out on their own. They worry about costs. They're not ready to face the reality of their situation. While these feelings are understandable, early legal advice can protect your interests and set you up for better outcomes.

Understanding Your Rights From the Start

Family law is complex. Without proper advice, you might not know what you're entitled to or what obligations you have. Early consultation with a lawyer helps you understand your legal position. You'll learn about property division, spousal maintenance , and parenting arrangements. Knowledge is power. When you know your rights, you can make informed decisions.

Avoiding Costly Mistakes

Well-meaning friends and family often give advice. But every situation is different. What worked for someone else might not apply to you. Making decisions based on incorrect information can be expensive to fix later. Common mistakes include giving away assets, making informal agreements that aren't enforceable, or saying things that could hurt your case. A family lawyer helps you avoid these pitfalls from the beginning.

Protecting Your Financial Position

Financial decisions made during separation can have lasting consequences. Should you keep paying the mortgage on the family home? Can you access joint bank accounts? What about superannuation? Early legal advice helps you understand how to protect your financial interests. Your lawyer can guide you on what steps to take and what to avoid. They can also advise on interim arrangements while your matter is being resolved.

Getting Practical Guidance on Next Steps

Separation is overwhelming. There's so much to think about and organise. A lawyer provides a roadmap for what needs to happen. They can explain the process, give you realistic timeframes, and help you prioritise. This guidance reduces anxiety. You'll know what to expect instead of feeling lost in the unknown.

Preserving Evidence and Documentation

Evidence matters in family law. Bank statements, property valuations , text messages, and emails can all be important. Early legal advice means you know what to keep and how to organise it. Your lawyer can advise on documenting arrangements with your former partner. They can also warn you about communications that could cause problems later.

Reducing Conflict and Stress

When both parties get legal advice early, it can actually reduce conflict. Lawyers help their clients understand what's reasonable and what the law says. This prevents unrealistic demands and helps find common ground.

The Bottom Line

Getting legal advice early doesn't mean you're being aggressive or unreasonable. It means you're being smart and protecting yourself. The cost of an initial consultation is small compared to fixing problems later.

If you're considering separation or facing family law issues in the Whitsundays, don't wait. Contact Airlie Legal for early advice that can make all the difference to your outcome.

5 Qualities to Look for in a Family Lawyer

Fri, 06 Feb 2026 00:52:51 GMT

Picture this: you're sitting at your kitchen table, holding a cup of tea that's gone cold. Papers are spread out in front of you. You know you need help, but finding the right family lawyer feels overwhelming. Where do you even start?

Choosing a family lawyer is one of the most important decisions you'll make during separation or divorce. The right lawyer can make all the difference to your experience and outcome. Here are five key qualities to look for.

1. Clear Communication Skills

Your lawyer should explain things in plain English. Legal jargon can be confusing. A good family lawyer breaks down complex issues so you understand your options. They return your calls and emails promptly. They keep you informed about your case progress. If you're left wondering what's happening, that's a red flag.

2. Experience in Family Law

Family law is specialised. You want someone who handles family law matters every day, not occasionally. Ask how long they've been practising family law. Find out if they've dealt with cases similar to yours. Experience means they've seen different situations and know how to deal with them. They'll anticipate problems before they arise.

3. Strong Negotiation Skills

Most family law matters settle outside court. Your lawyer needs excellent negotiation skills to get you the best possible outcome. They should be firm when necessary but also know when to compromise. Look for someone who focuses on practical solutions rather than unnecessary conflict. Good negotiators save you time, money, and stress.

4. Empathy and Understanding

Family law matters are deeply personal. You're dealing with relationships, children, and your future. Your lawyer should understand the emotional side of what you're going through. They should listen to your concerns and treat you with respect. Empathy doesn't mean they're soft. It means they recognise you're a person, not just a case file.

5. Honest and Realistic Advice

Nobody wants to hear bad news. But you need a lawyer who tells you the truth about your situation. They should set realistic expectations about outcomes, timeframes, and costs. If a lawyer promises you everything you want, be cautious. Honest lawyers help you make informed decisions based on facts , not false hope.

A good lawyer will also be upfront about their fees. They'll explain their billing structure and give you estimates. They won't surprise you with unexpected costs. Transparency about money matters shows integrity and respect for your situation.

Finding the Right Fit

These five qualities form the foundation of a good lawyer-client relationship. Trust your instincts during initial consultations. If something doesn't feel right, keep looking.

The right family lawyer will guide you through one of life's most challenging times with professionalism and care.

If you're facing a family law matter in the Whitsundays region, the team at Airlie Legal is here to help. Reach out today for compassionate, experienced legal support when you need it most.

How to Contest a Will: Process, Eligibility, and Legal Costs Explained

Tue, 03 Feb 2026 05:24:15 GMT

You spent years caring for your mother. You were there through hospital visits, medication schedules, and lonely afternoons. Then the will is read. Your sibling who rarely visited gets the house. You get nothing.

This scenario plays out across Australia every day. Adult children, former partners, and dependents learn they've been excluded or haven't received what they believe is their fair share. The shock turns to anger. Then comes the question: can you actually do something about it?

You can. Queensland law recognises that some people have a legitimate claim to an estate, even when a last will says otherwise. But the process isn't straightforward. You face strict deadlines, legal costs, and potentially years of family conflict. Some claims succeed. Others fail spectacularly, leaving the claimant worse off than before.

This blog walks you through everything you need to know about contesting a will in Queensland. You'll learn who can make a claim, what grounds actually hold up in court, and what financial reality you're facing if you proceed.

Two Ways to Challenge a Will: Understanding the Difference

Before we go further, you need to understand there are two completely different ways to challenge a will in Queensland:

1. Family Provision Claims (Inadequate Provision)

You accept the will is valid, but you argue it doesn't adequately provide for your maintenance and support needs. This is by far the most common type of challenge.

Example: Your father's will is legally valid, but it leaves everything to your brother while you get nothing, despite you being financially dependent on your father.

2. Validity Challenges

You argue the will itself shouldn't stand because something was fundamentally wrong when it was made.

Example: Your mother had advanced dementia when she signed her will, or someone forged her signature.

These are separate legal processes with different:

Eligibility requirements
Time limits
Costs
Court procedures
Potential outcomes

This blog covers both, but we'll make clear which type we're discussing in each section.

Grounds for Contesting a Will

You need a valid legal reason to contest a will. Simply feeling upset about the outcome isn't enough.

Grounds for Family Provision Claims

Inadequate Provision

The most common reason for challenging a will is inadequate provision. You must demonstrate that:

You're an eligible person under Queensland law (see below)
The deceased had a moral obligation to provide for you
The will fails to make adequate provision for your proper maintenance and support

The court looks at your financial circumstances, your relationship with the deceased, the size of the estate, and competing claims from other beneficiaries.

Grounds for Validity Challenges

These challenge whether the will should be recognised as valid at all.

Lack of Testamentary Capacity

The will maker didn't have the mental capacity to understand what they were doing. Evidence can include medical records showing conditions like dementia.

The person must have understood:

What a will is
What property they owned
Who might reasonably expect to benefit from their estate
How these factors relate to each other

Undue Influence

Someone pressured or manipulated the deceased into changing their will . The influence must be so strong that it overpowered the deceased's free will. This is difficult to prove and requires substantial evidence.

Fraud or Forgery

The document was tampered with or signatures were forged. This requires strong evidence like forensic analysis or witness testimony.

Eligibility to Contest a Will

For Family Provision Claims

Not everyone can make a family provision claim in Queensland. To challenge a will on inadequate provision grounds, you must be an 'eligible person' as defined by the Succession Act 1981.

Eligible persons include:

The deceased's spouse or de facto partner
Children of the deceased (including adopted children)
Stepchildren (provided the deceased was still married to, or in a de facto relationship of at least 2 years with, the stepchild's natural parent at the time of death)
Parents
Grandchildren (if financially dependent)
People who were financially dependent on the deceased

You may need to provide evidence of your relationship with the deceased and your financial situation to support your claim.

For Validity Challenges

Eligibility is broader for validity challenges. Anyone with a legitimate interest in the estate can challenge a will's validity, including:

Beneficiaries under an earlier will
Beneficiaries under the current will (who believe it's invalid)
Executors
Anyone who would inherit if there was no will (intestacy)

You don't need to be an "eligible person" to challenge validity. However, you do need standing (a genuine interest in the outcome).

State-by-State Comparison for Family Provision Claims

The laws regarding who can make family provision claims differ across Australian states and territories.

Queensland:

Spouse or de facto partner
Children (including adopted children)
Each stepchild (as long as the step-relationship hasn't ended)
Parents
Grandchildren (if financially dependent)
People who were financially dependent on the deceased

New South Wales:

Similar to Queensland but stepchildren must prove they were dependent on the deceased and were members of the deceased's household
Also includes people in a "close personal relationship" with the deceased

Victoria:

Stepchildren can only claim if they're under 18, students under 25, or have a disability
Adult stepchildren must show significant financial difficulty
Parents must have been dependent on the deceased

Key Differences:

Stepchildren: Queensland treats stepchildren similarly to biological children. Victoria restricts claims to younger or dependent stepchildren. New South Wales requires proof of both dependency and household membership.

Parents: Can claim more easily in Queensland than in most other states, where they typically need to prove dependency.

Time Limits for Contesting a Will

Time limits are strict in Queensland. Missing these deadlines can cost you the right to make a claim.

Time Limits for Family Provision Claims

In Queensland:

9 months from the date of death to file your claim with the court
6 months from the date of death to notify the executor of your intended claim

Failure to meet these deadlines can result in losing the right to claim. You must commence legal proceedings within these timeframes, though the court may grant extensions in exceptional circumstances. You shouldn't rely on obtaining an extension.

Time Limits for Validity Challenges

Validity challenges work differently from family provision claims:

There is no specific statutory deadline for challenging validity
However, challenges must be raised before probate is granted (ideally)
File a caveat ( Form 104 ) with the Supreme Court to prevent probate being issued while you investigate
Caveats last 6 months but can be extended
Critical: Once assets are distributed (which can happen 6 months after death), challenging becomes extremely difficult or impossible
Act immediately if you suspect lack of capacity, undue influence, fraud, or improper execution

For comparison across Australia (Family Provision Claims):

New South Wales and ACT: 12 months from date of death
Victoria: 6 months from grant of probate
Western Australia: 6 months from grant of probate
Northern Territory: 12 months from date of probate

Can You Contest After Probate?

The answer depends on which type of challenge:

For family provision claims: Yes, you can proceed after probate is granted. You must still meet the 9-month deadline from the date of death, but probate doesn't prevent you from filing.
For validity challenges: This is much more difficult. Validity challenges should ideally be brought BEFORE probate is granted by filing a caveat. Once probate is granted and assets are distributed, your opportunity to challenge may be lost. If you have concerns about validity, act immediately—don't wait for probate.

The executor can begin distributing assets 6 months after death if they haven't received notice of any claims. This is why early action is critical for all types of challenges.

The Probate Process

Understanding probate helps you know when and how to challenge a will.

What Is Probate?

Probate is the legal process of validating a will. The court confirms the will is legal and the executor has the right to distribute the estate. Once granted, probate gives the executor authority to manage and distribute the deceased's estate according to the will.

Starting the Contest Process

If you want to dispute a will, you must have sufficient evidence to support your claim. Gathering evidence for contesting a will includes compiling medical records, financial records, witness statements, and any proof of undue influence or capacity issues.

The process typically follows these steps:

Seek Legal Advice : It is advisable to contact a will dispute lawyer before commencing legal proceedings to contest a will.
Notify the Executor : Let the executor know about your intention to contest within the required timeframe.
Attempt Mediation : Most disputes over wills are settled by negotiation or mediation before going to court. A mediation session is often mandated to resolve will disputes before proceeding to a court trial.
Lodge Court Application : If you decide to contest a will, you need to lodge an application with the Supreme Court of Queensland within the timeframe required.
Court Trial : If mediation fails, a judge will hear evidence from all interested parties in a court trial to make a final decision.

What Happens If You Win?

The outcome depends on which type of challenge you brought:

If you win a family provision claim: The court may grant a family provision order that provides further provision from the estate and changes how assets are distributed. The court will consider adequate provision for your maintenance and support needs, along with the claims of other beneficiaries and the overall size of the estate.

If you win a validity challenge: The challenged will is declared invalid. What happens next depends on the circumstances:

If there's an earlier valid will, that will takes effect
If there's no earlier will, the estate is distributed according to intestacy rules (set by law)
If only part of the will is invalid, the rest may still stand

Legal Costs of Contesting a Will

Challenging a will can be expensive and time-consuming, with legal costs potentially equalling the inheritance amount. Understanding the financial commitment is crucial before you begin.

How Much Does It Cost?

Legal expenses for contesting a will can vary greatly depending on the complexity of the case and the lawyers involved. Legal costs in challenging a will can be significant and vary depending on the complexity of the case.

Costs can include:

Solicitor fees
Barrister fees (if the case goes to court)
Court filing fees
Expert witness fees
Mediation costs

Who Pays the Legal Costs?

The question of who pays can be complicated. In most cases, the claimant's legal costs are paid out of the estate if their claim is successful.

However, if you lose a contest, you may be ordered to pay the estate's costs as well as your own legal fees. This can result in significant financial burden.

No-Win, No-Fee Arrangements

Some lawyers offer a 'no-win, no-fee' arrangement for challenging a will, meaning you won't pay unless you win your case. This can make the process more accessible, but make sure you understand all terms and conditions before agreeing.

Cost Differences Between Claim Types

Family provision claims can sometimes be more predictable in cost, as many settle through mediation. Validity challenges, especially those involving fraud allegations, often require expensive expert evidence (forensic handwriting analysis, medical experts) and are more likely to go to trial. This can make validity challenges significantly more expensive.

How Successful Are People at Contesting a Will?

Success rates vary depending on the strength of your case and evidence. Courts assess whether adequate provision was made based on your financial circumstances and relationship with the deceased. Many cases settle through mediation rather than going to trial. This means parties reach an agreement without a judge making the final decision.

Family provision claims have relatively good success rates when the claimant has a strong case showing genuine financial need and inadequate provision. Many settle before trial.

Validity challenges are harder to win. Courts presume a will is valid unless proven otherwise. Challenges based on lack of capacity or undue influence require compelling evidence, often from medical experts or witnesses to the deceased's state of mind. Fraud allegations need particularly strong proof.

Cases with strong evidence of inadequate provision and clear financial need tend to be more successful. Medical evidence, financial records, and witness statements can strengthen your claim. The court examines all circumstances surrounding your relationship with the deceased and your current financial position.

How to Deal with Siblings Fighting Over Inheritance

Family disputes over inheritance are common and emotionally challenging, especially when they occur immediately after losing a loved one. Challenging a will can lead to emotional stress and conflict among family members, especially if the outcome affects their inheritance.

Managing Conflict with Family Members

Emotional conflicts can arise between siblings and other family members when a will is contested, especially if some feel they were unfairly left out. The process of disputing a will can lead to increased tension and conflict within families, particularly if the outcome favours one party over another.

Here are some ways to manage the situation:

Consider Mediation First : Mediation provides a neutral space to discuss concerns and reach compromises. It's often faster and cheaper than court proceedings.
Communicate Openly : Try to understand each sibling's perspective. Financial motivations often play a significant role in the decision to challenge a will, particularly if individuals feel inadequately provided for.
Focus on Facts : Base discussions on legal grounds and evidence rather than emotions alone.
Seek Professional Help : A family therapist or counsellor can help navigate emotional aspects while lawyers handle legal matters.
Think Long-Term : Consider whether the financial gain is worth potentially damaging family relationships permanently. Disputing a will can be an emotionally charged process that may lead to long-lasting family rifts.

How to Stop a Sibling Contesting a Will

If you're an executor or beneficiary worried about a sibling contesting the will, there are steps you can take.

Preventive Measures

Act Quickly : Process probate and distribute assets within legal timeframes. However, be aware that siblings still have the statutory time limits to make claims.
Communicate Clearly : Sometimes disputes arise from misunderstandings. Clear communication about the deceased's wishes can help.
Seek Legal Advice : Get guidance from a solicitor experienced in estate disputes. They can advise on the strength of any potential claim.
Consider Settlement : If a claim appears to have merit, early settlement through negotiation might be less costly than fighting in court.

Understanding Their Rights

Remember that eligible persons have legal rights to contest if they believe they've been inadequately provided for. You cannot simply prevent someone from exercising their legal rights. However, if their claim lacks merit or they miss deadlines, their ability to succeed diminishes.

Takeaway

Challenging a will in Queensland requires meeting specific eligibility criteria, having valid grounds, and acting within strict timeframes. The process can be emotionally and financially demanding, but it exists to protect those who were genuinely dependent on the deceased.

Before proceeding, carefully consider:

Your eligibility and grounds for contesting
The strength of your evidence
The financial and emotional costs
The potential impact on family relationships
Whether mediation might achieve a fair outcome

If you believe you have been inadequately provided for in a will, you can apply to the court for further provision from the estate. Or you can seek advice from a solicitor specialising in estate disputes as early as possible.

At Airlie Legal , we specialise in guiding clients through will disputes with the right amount of care and expertise. Our fees are only payable if an agreement is reached or a court order is made, with costs paid from the estate. Contact us today to discuss your situation and understand your options when contesting a will.

Purchasing a Franchise in Queensland: A Practical Guide for New Buyers

Tue, 25 Nov 2025 00:56:20 GMT

If you’re exploring ways to enter business ownership with less guesswork and more structure, franchising is often one of the first options people consider.

Purchasing a franchise is a popular path for Australian entrepreneurs and potential franchisees who want to run their own business with the support of an established brand. Instead of going through the trouble of building everything from scratch, franchise buyers step into a proven system with existing processes and brand recognition.

Even so, the decision still involves a series of significant financial and legal commitments and should be approached with a proper understanding of the steps involved.

This guide walks you through the process of buying a franchise in Queensland.

Understanding What a Franchise Is

A franchise is a business arrangement where the franchisor (the owner of the brand) grants a franchisee (the buyer) the right to operate a business under that brand’s systems, trademarks, and procedures. In return, the franchisee pays fees and agrees to follow strict operational guidelines.

These fees may include:

An upfront franchise fee
Ongoing royalties
Marketing contributions or other marketing fees
Fit-out or equipment costs
Training costs

Franchises operate under a regulated framework which helps protect buyers, but the level of responsibility on the franchisee remains high. You are still running a business, and its success depends on how well you manage that business within the franchisor’s model.

The Key Steps to Buying a Franchise

Step 1: Research the Franchise System

Before engaging in discussions with a franchisor, take time to understand the business model and what is expected of you. This includes looking at whether the opportunity aligns with your goals and whether buying a franchise is a better option than buying an existing business outright. You should consider the following questions:

How long has the franchise been operating?
Is the brand financially stable and reputable?
Are existing franchisees satisfied with the system and support?
What is the competition like in your region?
What are the franchise’s long-term growth prospects?

In Queensland, you are encouraged to speak with current and former franchisees, as well as other franchisees in the network. They can often provide honest insight into the level of support the franchisor actually provides and whether the business is as profitable as advertised.

Step 2: Understand Your Legal Rights Under the Franchising Code of Conduct

The Franchising Code of Conduct is a compulsory industry code under the Competition and Consumer Act 2010. It regulates how franchisors and franchisees deal with one another across Australia, and it forms a key part of the legal framework you must understand when buying a franchise.

Key protections for franchisees include:

An obligation for parties to act in good faith from negotiations through to termination or renewal.
Disclosure obligations for the franchisor including a detailed disclosure document before entering into a franchise agreement.
A consideration period (and in some cases a cooling-off period) before signing the agreement.
Rules on how pooled funds (such as marketing or other common-purpose funds) must be managed and reported.
Limits on certain unfair contract terms. For example, restrictions on post-term non-compete clauses in certain cases under the new Code.

Because the Code governs the franchise relationship, both your rights and your obligations are set out, so it’s important to understand it fully when buying a franchise.

Step 3: Review the Disclosure Document

Before you sign any documents, the franchisor must provide you with:

A compliant Disclosure Document (in the form required by the Code) at least 14 days before signing.
A copy of the franchise agreement in final form.
If the franchisor or an associate intends to lease premises to you, details of that lease, sub-lease or occupancy agreement (including benefits the franchisor receives).
A copy of the Franchising Code of Conduct.

Check that the Disclosure Document complies with the Code’s format and contains the required disclosures, and ask the franchisor to clarify any parts of the agreement or business premises arrangement you don’t understand.

Step 4: Conduct Financial Due Diligence

Buying a franchise is a significant investment, and due diligence should never be rushed. You should take the time to carry out your own research so you understand the risks involved, including the possibility that you could lose money if the franchise does not perform as expected. You should:

Review the franchisor’s financial statements
Analyse projected income and expenses
Confirm ongoing fees
Examine the cost of fit-out, staffing, and stock
Check for hidden or indirect expenses

Look closely at how the franchisor manages its operating procedures and consider whether you have the business skills needed to meet the demands of the system. Many franchise buyers seek advice from an accountant who is familiar with the industry. This helps you understand cash-flow expectations and confirm whether the business is financially viable.

Step 5: Understand the Franchise Agreement

The franchise agreement is the formal contract that sets out your rights and obligations. These agreements are often lengthy and complex. They typically cover:

How long the franchise term lasts
Renewal rights
Exit rights
Dispute resolution processes
IP and branding rules
Performance targets
Marketing requirements
Training and support obligations
Grounds for termination

Because franchisors usually use standardised agreements, the terms may not be negotiable. Even so, it is important to have the contract reviewed by a commercial lawyer to help identify unfair obligations, one-sided risks, or financial pitfalls.

Step 6: Secure a Location

If your chosen franchise involves a retail outlet or hospitality venue, you will likely enter into a retail shop lease. In Queensland, such leases are regulated under the Retail Shop Leases Act 1994 .

Under the Act, a lessor must provide a draft lease and a disclosure statement at least 7 days before you enter the lease. You should review all obligations (rent reviews, outgoings, fit-out works, refurbishment cycles) and check how the lease aligns with your franchise agreement.

Franchisors often require you to sign either the head lease (in their name) or a sub-lease. Make sure you understand which applies and how your franchise obligations tie in. Fit-out costs and refurbishment obligations can add significant expense, so treat those as part of your due diligence. While the law provides protections for retail tenants in Queensland, you also have responsibilities, so getting legal advice early is strongly recommended.

Step 7: Review Your Business Structure

Before you enter into a franchise agreement, consider how the business will be structured. When buying a franchise, the right structure helps you manage your obligations and understand how the business model will operate once you become your own boss. Common options include:

Sole trader
Company
Partnership
Trust

Your structure will affect tax, liability, asset protection, and long-term planning, and it can also influence which franchise opportunities are the best fit for your circumstances. Often, franchisees use a company or trust, depending on their circumstances and professional advice.

Step 8: Arrange Finance and Finalise Your Purchase

Once you are confident in the commercial and legal aspects of buying a franchise, you can proceed with:

Securing finance
Paying the franchise fee
Signing the franchise agreement
Signing the lease
Completing any required training
Preparing for opening day

By this stage, you should have a clear understanding of the set-up costs, your responsibilities, and what it will take to run your own business under the system. This is also the point where you should feel satisfied that you have chosen the right franchise and are ready to move forward with confidence under both the franchise agreement and Queensland leasing laws.

Where Airlie Legal Fits In

Stepping into a franchise is an exciting move, but it also comes with detailed agreements, financial commitments, and leasing requirements that deserve careful attention. You’ve worked through the key steps in this guide, and by now you’ll know that buying a franchise is a significant legal and commercial decision, particularly in a market shaped by strong Australian competition. A successful franchise purchase is built on clear information, solid advice, and the confidence that every document has been reviewed properly.

This is where our team can support you. At Airlie Legal, we break down the franchise agreement, review the Disclosure Document, and help you understand the terms that will shape your responsibilities and future rights. If your franchise involves taking over a current site or securing a new location, we examine the lease and explain how Queensland’s Retail Shop Leases Act affects your position so you can move forward without uncertainty.

For buyers still weighing up how to structure their new venture, we talk through the practical options and what they mean for tax, liability, and long-term planning. We take the time to explain each step so you can make decisions with a clear picture of the path ahead.

If you’re buying a franchise in Queensland and want to begin on the right footing, our team at Airlie Legal is ready to give you the advice you need to finalise your purchase on solid ground.

New Seller Disclosure Statement QLD Rules in 2025: What Sellers Need to Know

Fri, 11 Jul 2025 02:23:08 GMT

From 1 August 2025, Queensland’s property landscape will undergo a major shift with the commencement of the Property Law Act 2023 (Qld). This legislation introduces a new, mandatory seller disclosure statement regime in Quneesland that aligns the state with broader Australian standards.

Whether you're a seller, buyer, agent or solicitor, it's important to understand the new rules. What was once considered good practice is now a legal obligation.

In this article, Airlie Legal explores the following:

What a disclosure statement is in QLD
The disclosure requirements under the new regime
The role of the section 206 disclosure statement
Exceptions, consequences for non-compliance, and best practice tips

We’ve unpacked the key changes so you can understand exactly what’s now required when selling property.

What Is a Seller Disclosure Statement in QLD?

A seller disclosure statement in Queensland is a legal document that must be provided by a property seller to a potential buyer before the buyer signs a contract. It includes detailed information about the property’s title, encumbrances, zoning, notices, and other factors that may influence the buyer's decision to proceed with the transaction.

This process is part of a broader seller disclosure regime introduced under the Property Law Act 2023 (Qld). It replaces the long-standing “buyer beware” model that left most of the investigation up to the buyer. Under the old approach, buyers were expected to carry out their own due diligence, often without access to complete or consistent information from the seller.

Under the new law, the seller must provide a completed and signed Form 2 Disclosure Statement together with prescribed certificates and information, collectively referred to as the disclosure documents. These documents set out key property details, such as title information, encumbrances, zoning, and notices, giving the buyer a clearer view of what they’re purchasing, promoting transparency and reducing the likelihood of disputes.

What Are the Requirements for the New Seller Disclosure Scheme in QLD?

The seller disclosure regime applies to contracts for the sale of freehold land entered into on or after 1 August 2025. It covers residential and commercial property transactions, including those involving lots in community title schemes. However, some limited exemptions do apply (see later section).

To comply with the law, sellers must provide three main components to the buyer:

1. Form 2 Seller Disclosure Statement

The Form 2 is the central document. It must be in the approved format and signed by the seller or their authorised agent. It includes:

The name of the seller
Legal description and address of the property
Information about encumbrances (registered, unregistered, statutory)
Zoning information
Neighbourhood disputes
Details of any residential tenancy agreements
Notices of intention to resume or compulsory acquisition
Whether the property has a pool and the current status of pool safety certification

If this statement is not provided, incomplete, or inaccurate, the buyer may be entitled to terminate the contract, potentially up until settlement.

2. Prescribed Certificates

These must accompany or be provided with the disclosure statement and include:

Current title search
Registered plan
Contaminated land search
Pool safety certificate or notice
Show cause or enforcement notices (under the Building Act or Planning Act)
Notices or orders requiring work to be completed
Owner builder notice (for unlicensed work within the past six years)
Tenancy agreement (if applicable)
Rates and water notices
Body Corporate Certificate (for lots in a community title scheme or BUGTA scheme)

These documents don’t need to be physically attached to the disclosure statement, but they must be given before the buyer signs the contract. Electronic delivery (e.g. via email or a link) is acceptable, provided the buyer consents (which can be implied).

3. Prescribed Information

The prescribed information is a list of key data points that must be disclosed in Form 2, such as:

Statutory encumbrances (e.g. infrastructure easements)
Dial Before You Dig results or similar
Heritage register listings
QCAT neighbourhood dispute records
Transport and Main Roads search results

In essence, this gives the buyer insight into what’s happening around or underneath the land, not just what’s built on top of it.

What Is a Section 206 Disclosure Statement in QLD?

Before the introduction of the new seller disclosure regime, sellers of lots in community title schemes in Queensland were required to provide a section 206 disclosure statement under the Body Corporate and Community Management Act 1997 (Qld).

This statement included:

Details about the body corporate
Contributions payable by the owner
Improvements to common property
Insurance information

From 1 August 2025, this obligation is being replaced by the requirement to provide a Body Corporate Certificate in the approved format. The Body Corporate Certificate is now part of the prescribed certificates under the new seller disclosure statement framework and must be obtained from the relevant body corporate or strata manager.

The updated certificate is more comprehensive than the former section 206 disclosure, forming an important part of the seller disclosure obligations. It offers clearer, more consistent information to buyers and reduces the need for supplementary enquiries.

What Happens If the Disclosure Statement Is Not Compliant?

The consequences for non-compliance are serious and cannot be ignored. Depending on the nature of the issue, a buyer may have a right to terminate the contract.

Grounds for Termination:

Failure to provide the disclosure statement or prescribed certificates before contract signing: The buyer may terminate, regardless of whether the missing information is material.
Material inaccuracy or omission: If the information provided is inaccurate or incomplete in a way that materially affects the property, and the buyer was unaware of the issue and would not have proceeded if they had known, they may also terminate.

This makes it absolutely important for sellers and agents to treat the preparation of disclosure documents with care. Under the new seller disclosure scheme, even the simplest administrative oversight or inaccurate or incomplete information could potentially cost a sale.

Who Can Prepare & Sign the Seller Disclosure Statement?

Under section 97 of the Property Law Act 2023 , the disclosure statement may be signed:

By the seller,
Or by an authorised agent (including a solicitor or real estate agent).

While agents are legally permitted to prepare and deliver the documents, Airlie Legal strongly recommends having a solicitor handle this process to reduce the risk of error. Titles, planning restrictions, and regulatory notices can be deceptively complex, and getting them wrong could mean delays, disputes, or even a terminated contract.

Minimise Risk & Stress with Help from Airlie Legal

At Airlie Legal, we work closely with sellers to remove the guesswork from disclosure. Our Airlie Beach property lawyers will review all required documents, advise on any potential red flags, and ensure the statement and accompanying certificates are not only complete, but also up to date and legally sound. If your property has unique features, such as unregistered easements, prior building work, or tenancy agreements, we can help you handle these correctly to reduce your exposure to legal risk and keep your sale on track.

When & How Must the Disclosure Be Given?

The timing of delivery is strict: under the seller disclosure scheme, the required documents must be given before the buyer (or first buyer, in the case of multiple purchasers) signs the contract.

Sellers or their agents can provide the documents:

By hand
By post
By email
Through an electronic link (e.g. via a secure portal)

It is the seller’s responsibility to prove that the disclosure was received before contract signing. As such, clear and proper record-keeping is crucial, particularly for real estate agents.

Are There Any Exceptions to the New Seller Disclosure Statement Regime in Queensland?

Yes, there are limited scenarios where the disclosure obligations do not apply. These include:

Off-the-plan contracts
Sales of leasehold land
Transfers without monetary consideration (e.g. gifts)
Transfers due to court orders or family law agreements
Sales to government bodies or a local government entity
Where the contract gives effect to the exercise of an option, and prior disclosure has been made
Where the purchase price is $10 million or more, and the buyer signs a waiver

These exceptions are narrow and specific. Most standard residential and commercial property sales will fall under the new regime.

What Are the Risks for Sellers?

This change increases the legal and financial burden on sellers in Queensland. Risks include:

Contract terminations due to mistakes or delays
Increased costs for required property searches (which can range from $200–$300 or more)
Delays while waiting for documents from councils, government departments, or body corporates
Disputes around who is responsible for inaccurate or outdated information

To mitigate these risks, sellers should engage professionals early and keep all documentation up to date.

Airlie Legal can help manage these risks by preparing accurate disclosure statements, advising on timing, and handling property matters considered complex or unusual.

Seller Disclosure for Auctions in QLD

If a property is being sold at auction, sellers are still required to provide the full disclosure documentation. Here’s how it works:

All registered bidders must receive the disclosure documents before the auction begins.
If someone registers after the auction starts, they must be given access to the documents, either in person or via electronic link, during the auction.
If the auction is online, the link to the disclosure must be available within the digital platform throughout the auction process.

This means auction documentation should be prepared and ready well in advance to avoid breaching the rules.

How Sellers Can Prepare

Selling property in Queensland now requires more planning, especially with the introduction of the new seller disclosure scheme under recent property law reforms. To prepare, sellers should:

Compile copies of any unregistered encumbrances (e.g. tenancy agreements, access rights)
Gather the most recent council rates and water bills
Check for any outstanding notices from government bodies
Ensure pool certification is up to date (if applicable)
Apply for the ATO Clearance Certificate (for foreign resident withholding)
Engage a solicitor early to manage the disclosure process efficiently

The team at Airlie Legal is available to assist sellers with compiling, reviewing, and delivering compliant disclosure documents.

Final Thoughts: Embracing Transparency

The new Queensland seller disclosure regime, introduced under the Property Law Act 2023, marks a clear shift away from the old buyer-beware model, placing greater responsibility on sellers to provide upfront, accurate information. It helps level the playing field in property transactions and gives buyers a more complete understanding of the property.

But with these benefits come increased responsibility and legal risk. Sellers who act early and seek legal advice will be best placed to manage these obligations without any delays.

For assistance in preparing a compliant seller disclosure statement in Queensland, contact the experienced property law team at Airlie Legal. Our job is to handle the fine print so sellers can focus on the sale, not the stress.