Latest news. Ahead of the rest.

News

Filter / Sort

We Are Hiring - Junior Legal Secretary / Reception Relief

Quinn & Scattini Lawyers are hiring. We are looking for a Junior Legal Secretary / Receptionist to join us full time at our Brisbane (head) Office. This is a full time position Monday to Friday 8.30am to 5.00pm with an immediate start. Not available for part time.

Read more

We Are Hiring - Commercial Litigation Lawyer

Quinn & Scattini Lawyers are hiring. We are looking for a lawyer who has a passion for litigation, with at least 5+ years experience in the full range of commercial litigation areas of practice in Queensland. A generous salary and bonus package is offered. This position is immediately available at our Beenleigh office. Travel required to other branch offices from time to time.

Read more

Welcome Tanya

Quinn & Scattini Lawyers are delighted to welcome Senior Associate, Tanya Dower, to the team. Tanya leads our Criminal & Traffic Law Team.

Read more

Welcome Renee

Quinn & Scattini Lawyers are delighted to announce Renee Smith has joined our Criminal & Traffic Law Team.

Read more

Congratulations Kathleen

Quinn & Scattini Lawyers congratulate Kathleen Dare, Senior Associate and expert family lawyer, on her 30 year anniversary of providing expert legal services.

Read more

Welcome Robert

Quinn & Scattini Lawyers are delighted to announce Robert Kendrick has joined our Criminal & Traffic Law Team.

Read more

Conveyancing Update - The Importance Of Disclosure

Property legislation contains various requirements for a seller to provide a buyer with a disclosure statement before a contract for the sale and purchase of property is entered into. Quinn & Scattini Lawyers' Director, Duncan Murdoch, sets out the requirements and what will occur if you fail to comply with the requirements.

Read more

Congratulations Roly

Congratulations are in order for Special Counsel, Roly O’Regan. Roly has been appointed to Team Leader of Quinn & Scattini Lawyers’ Criminal & Traffic Law Team.

Read more

Meet Our Adopted Koalas

With all of the fire devastation in Australia and the estimated animal life loss of 800 million Quinn & Scattini Lawyers have taken the opportunity to show our love for Australia’s animal life by adopting 5 koalas that are now in the care of wildlife experts for rehabilitation.

Read more

We Are Hiring - Property & Business Lawyer

We are looking for a property/commercial lawyer to be part of our Property & Business Team, dealing with commercial property transactions, land development (both broad acre and strata title) business transactions, commercial agreements, securities, leases, franchising and companies & trusts to be located at our Brisbane office (position also open in either Beenleigh or Cleveland office if suitable applicant is local to those offices).

Read more

Conveyancing Update - Revisiting GST In Property Transactions

An issue that comes up on a regular basis is the treatment of GST in property contracts. Essentially, unless you are dealing with second hand residential property then you need to consider GST. Find out what needs to be considered with this short article by Director and expert property lawyer, Duncan Murdoch.

Read more

Christmas Party 2019

After a busy year serving the local Queensland community, Quinn & Scattini Lawyers celebrated the festive season with a Christmas Party at Fridays!

Read more

Exercising A Trustee's Disretion In A SMSF

As a trustee of a Self-managed Superannuation Fund ("SMSF") it is critical that you exercise your discretion appropriately. Quinn & Scattini Lawyers' Senior Associate and expert estate lawyer, Kylie Shaw, has provided a summary of the recent court case of Re Marsella; Marsella v Wareham (No 2) [2019] VSC 65. In this case the court was called upon to make a determination as to whether the trustee has exercised its discretion appropriately and, if not, whether it should then be removed as trustee.

Read more

Why Is My Visa Being Refused Or Cancelled?

Has your visa been refused or cancelled? Then you need to read this article by Quinn & Scattini Lawyers' expert Migration Law Team. The article outlines reasons as to why your visa may be refused or cancelled and what the decision maker will consider.

Read more

Traffic Law - Getting You Up To Speed

As society changes, so do the laws. When the law changes, the relevant authorities publish announcements, usually with the assistance of media outlets, but not everyone views these announcements and many may be out-of-date with current laws. Quinn & Scattini Lawyers' expert Traffic Law Team have prepared a short article that provides you with clarity regarding some common myths that are out there in the public sphere.

Read more

9 Days Until Christmas

If you don’t have any time in between work, home and Christmas shopping to resolve your legal issues at one of our five local offices you can schedule a Skype or video-conference with Quinn & Scattini Lawyers.

Read more

Conveyancing Update - Boundaries & Surveys

When buyers inspect properties at open days or prior to auction, they will generally focus on the house itself. Rarely will they inspect the boundaries of the property. Quinn & Scattini Lawyers' Director and expert property lawyer, Duncan Murdoch, outlines the importance of conducting a survey to avoid costly boundary disputes.

Read more

Welcome Kathleen

Quinn & Scattini Lawyers are excited to welcome Kathleen Dare. Kathleen is a Senior Associate in our Family & De Facto Law Team.

Read more

Welcome Caroline

Quinn & Scattini Lawyers are excited to welcome Caroline Dunkley. Caroline is a Conveyancing Paralegal in our Conveyancing Team.

Read more

Mortgages & Security Documents - What You Need To Know

At one point in life you will be required to borrow money or be advanced credit in some shape or form. Whether it be for the purchase of residential property, commercial property, a business or a simple loan between relatives, most monetary advances will be secured in one way or another.

Read more

Welcome Vicky

Quinn & Scattini Lawyers are excited to welcome Vicky Vasudevan. Vicky is a Lawyer in our Conveyancing Team.

Read more

Congratulations Millie

Quinn & Scattini Lawyers are delighted to announce Millie Gould has joined our Criminal & Traffic Law Team as a Lawyer.

Read more

Estate Disputes - Getting Clients Their Fair Share

Losing a parent, or step-parent, is a difficult and an emotional time in your life. What if you were not included in the will of your parent or step-parent? Contesting a will is not as simple as sending a letter. There are a range of considerations and issues that must be attended to do when contesting a will.

Read more

Conveyancing Update - Dealing With A Deceased Seller

We often come across situations where the owner of a property has died and the property is being sold. In such circumstances it is important to ensure that the correct seller is identified and appropriate special conditions are included in the contract.

Read more

Welcome Kylie

Quinn & Scattini Lawyers are excited to welcome Kylie Shaw. Kylie is a Senior Associate in our Wills & Estates Team.

Read more

Misconduct By Attorneys

Most of us have heard stories about attorneys who have taken funds or gained some advantage from an elderly person who gave them their Enduring Power of Attorney.

Read more

Can I Change Final Family Court Orders?

Once final family court orders have been made they are intended by the court to be final, and to bring an end to all and any litigation. Often, after orders have been made, people question “How can I change these orders?”.

Read more

PEXA Certified

Quinn & Scattini Lawyers expert Conveyancing Team are celebrating! The Conveyancing Team, led by Duncan Murdoch, are now formally accredited by PEXA.

Read more

Welcome Millie

Quinn & Scattini Lawyers are excited to welcome Amelia (Millie) Gould to the team. Millie joins Quinn & Scattini as a paralegal in our Criminal Law, Property & Business and Family Law Teams.

Read more

Q&A With Expert Family Lawyer, Shelley Johnson

Shelley is a Lawyer in Quinn & Scattini Lawyers’ Family and De Facto Law Team. Shelley has taken the time to answer some frequently-asked questions and provides a concise summary of what is required to resolve the issue at hand.

Read more

Excluding a Beneficiary from a Will - Some Points to Consider

A person making a will in Queensland can give instructions to their lawyer about who they want to leave their estate to and also who they do not want to leave their estate to. The will-maker can also name a person who they are making a reduced gift to, and the reasons why they are doing that.

Read more

Leases – To Register or Not to Register?

In dealing with leases I am regularly asked the question ‘Why do I need to register my lease?’ Whether or not you should register a lease depends on a number of factors and is dependent on the term of the lease and whether there is a mortgage over the property subject to the lease.

Read more

Introducing our Migration Law Team

There are many motivations for wanting to move to Australia. Common reasons include family reunion, work, study, business, marriage, quality of life and sense of adventure. Australian immigration law is complex and subject to change and there is a lot of red tape that needs to be attended to.

Read more

Recording of Criminal Convictions

If you have been charged with an offence, you may be fearful of having a criminal conviction recorded against your name. It is a common concern when clients are proceeding through the criminal justice system, particularly for reasons such as employment and travel.

Read more

Conveyancing Update - Covenants - What Are They?

A covenant is a voluntary agreement that imposes restrictions on what a person can do or cannot do on a parcel of land. A covenant is usually imposed to preserve the amenity of the land either for the benefit of the person selling the land or for neighbouring properties.

Read more

New Non-Conforming Cladding Laws

Most of us will be aware of the horrific Grenfell Tower fire in the UK in 2017 following which the building’s cladding came under the microscope. The Queensland Government has now introduced legislation to tackle the risk of combustible cladding which the legislation refers to as non-conforming cladding.

Read more

Re-Introduction of the Drug Court in Queensland

In 2012, the Queensland Government ceased operation of the Queensland Drug Court, a specialist jurisdiction that had been operating for over a decade. Earlier this year, the sentencing regime was re-introduced in the form of the Queensland Drug and Alcohol Court ("QDAC").

Read more

Attention: Step-parents!

You and your partner have recently decided to go your separate ways. Your partner has a child from a previous relationship and you have developed a strong relationship with this child that you want to maintain. Maybe you are the biological parent of a child and want to know how the logistics work with any separation that occurs between your child and their step-parent.

Read more

Gifts in Contemplation of Death – Understanding the Risk

A verbal gift made by a person in anticipation of death is known as a donatio mortis causa ('gift in contemplation of death'). However, such gifts will frequently be the subject of careful scrutiny as they carry a substantial risk for both the intended recipient of the gift and the legal personal representative of the donor’s estate.

Read more

Stay At Home or In The Office With Skype

When you hear about making a will you might be guilty of leaving it to the last of your to-do list. Despite the many distractions in day-to-day life, establishing how you would like your estate to be distributed should be something you consider, particularly when a significant life event occurs. One convenient way to get this done is through Skype.

Read more

Horror Story: I Enjoy Working In Family Law…

I recently came to ponder my enjoyment of practicing family law, after I introduced myself to a new colleague (let’s call her Jane). On that occasion I (rather proudly) indicated that I practiced in family law. Jane, unhesitatingly, made some rather harsh, disparaging remarks about the area of law.

Read more

Drug Driving & Its Implications

Queensland legislation currently provides for two types of drug driving - driving while under the influence of a drug and driving while a relevant drug is present.

Read more

Welcome Mandy

Quinn & Scattini Lawyers are delighted to introduce Mandy Kennedy, senior conveyancing paralegal. Mandy has worked as a conveyancer for many years and has considerable experience in providing first class conveyancing services. Mandy has successfully settled 100’s of matters.

Read more

Welcome Stephanie

Quinn & Scattini Lawyers are excited to welcome Stephanie Clutterbuck to the team. Stephanie joins Q&S as a lawyer in Quinn & Scattini Lawyers’ Family Law Team.

Read more

Promotion Announcement – Taryn Hokin

Quinn & Scattini Lawyers are delighted to announce the promotion of expert Family Lawyer Taryn Hokin to Senior Associate. Taryn is a key member of Quinn & Scattini and continues to achieve best results for our clients.

Read more

Welcome Jane

Quinn & Scattini Lawyers are delighted to welcome Jane Fox to the team. Jane has considerable experience working in legal accounting roles and will provide high-end accounts management support and service to our teams as senior accounts manager.

Read more

Tips for Executors

The process of administering someone’s estate after they die can be a complex undertaking. However, with the right legal advice the process can be streamlined. Many people do not realise that when they engage a lawyer to help them to administer their loved one’s estate, the lawyer is actually acting for the executor and has a duty to ensure that the executor is protected from any claim that may later be made by a disgruntled beneficiary.

Read more

17-year-olds in the Criminal Justice System: Update

The Youth Justice and other legislation (Inclusion of 17-year-old Persons) Amendment Act 2016 (Qld) come into force commencing on 12 February 2018. The main purpose of the amendment act was to change the way in which 17-year-olds were dealt with in the criminal justice system.

Read more

Welcome Amanda

Quinn & Scattini Lawyers are excited to welcome Amanda Kennewell to the team. Amanda is a paralegal in Quinn & Scattini Lawyers’ Wills & Estates Team and has over fifteen years combined experience working in the legal profession.

Read more

Wrongfully Assuming You Have Finance on a Contract

It is not uncommon common with some purchasers (particularly high wealth individuals) to assume that they have the appropriate finance in place when purchasing a property. While this may be true in part, the reality is that there is often a discrepancy between having the money and being able to access the money.

Read more

Welcome Peter

Quinn & Scattini Lawyers are delighted to welcome Peter Wrigley to the team. Passionate about ensuring clients’ rights and interests are protected, Peter works hard to negotiate the best conditions and arrangements for each client’s individual situation.

Read more

Eligibility To Seek Further Provision From An Estate

Quinn & Scattini Lawyers’ Wills & Estates Team regularly represent clients who want to contest what they are receiving under a will, or who want to contest the share of the estate they are receiving under the rules of intestacy when the deceased person has not made a will.

Read more

Mental Capacity When Preparing Your Will

Often requests are received to prepare a will while the client is suffering from some sort of life-threatening illness. When these circumstances arise, there are many factors to consider and it is easy for loved ones to get caught up in the moment.

Read more

A Binding Agreement To Compromise

“One unavoidable aspect of commercial litigation is the fast and furious nature of negotiations. Regardless of whether negotiations are face-to-face or over the phone, the importance of following strict procedures and officially recording all information when negotiating outside of the courtroom was highlighted in the case of Gailey Projects Pty Ltd v McCartney.

Read more

Foreign Until Proven Australian

In 2016, the Government introduced the Foreign Resident Capital Gains Withholding Scheme ("the FRCGW Scheme") which requires a foreign person or entity who sells certain property which they own in Australia to pay tax on the sale.

Read more

The Importance of Rehabilitation In Sentencing

A common question clients ask the first time they speak to a criminal lawyer is “What can I do to help my sentence?”. The answer to that question of course depends upon a number of things, including the nature of the charges and seriousness of the offence.

Read more

Welcome Cody

Quinn & Scattini Lawyers are excited to welcome Cody Niezgoda, our new Business & Property Team lawyer. Cody brings a wealth of experience across a range of business and property matters and is passionate about supporting business owners achieve their objectives.

Read more

Recent Changes To Bail Laws for Domestic Violence offences

It’s no secret that domestic violence has been a prominent topic in recent years. Likewise, grants of bail for alleged perpetrators are often controversial matters subject to scrutiny by the media. On 30 March 2017, the Bail (Domestic Violence) and Another Act Amendment Act 2017 (Qld) ("the Amendment Act") came into force.

Read more

Surrogacy – The Issues Worth Knowing About

The ability to enter a surrogacy arrangement is a complex area; however became just that little bit easier on the 1st of June 2010 when the Surrogacy Act 2010 ("the Act") commenced. The Act means that Queenslanders can now enter into not-for-profit surrogacy arrangements.

Read more

Elder Abuse & Superannuation

It is now a matter of law, subject to certain transitional arrangements, that the majority of Australians will only be able to access their superannuation entitlements when they reach 65 years of age or become permanently incapacitated or die.

Read more

Trademark – It’s Not Just A Symbol

We come across the ® and “TM” symbol behind brand names almost every day and most people can identify that these are trademark symbols. Apart from that, how much more do people know about trademarks? How do you acquire a trademark, why do businesses use trademarks, what is the process involved?

Read more

Relocating With Your Child – What’s It All Mean?

It is compounded when one parent unilaterally decides to move away, or expresses a desire to move away, against the remaining parents’ wishes. Neither party has an automatic 'right' to move away and potentially compromise the child’s relationship with the other parent.

Read more

Statutory Demands – A Must Read Alert

A failure to respond to a statutory demand can have very serious consequences for a company. In particular, it may result in the company being placed in liquidation and control of the company passing to the liquidator of the company.

Read more

“No Body, No Parole” – No Escape

There has recently been a review of the Queensland parole legislation. Specifically, the Corrective Services Act 2006 has been amended to reflect a 'no body, no parole' policy, which has previously been adopted in other Australian jurisdictions including Victoria, Northern Territory and South Australia.

Read more

Wills

Everybody has heard of a will. A lot of people would have had to deal with a will when somebody close to them has died. But, not everybody has a will. Why?

Read more

Grandparents & a Grandchild – the Legal Position

It is thought of as a ‘rite of passage’ for parents to evolve into grandparents and get the chance to commune with children without the responsibilities of parenthood. It’s an opportunity to play with a child and be their friend and support without consequences.

Read more

Why You Shouldn’t Let Your Tenants Overstay The Lease

A buyer who buys a property to live in as his/her principal place of residence is eligible to apply for concession on the stamp duty. In some circumstance, such as a first time buyer, the concession may result in nil stamp duty assessment if the purchase price is less than $500,000.

Read more

Navigating A Property Settlement

Understanding the considerations of how a just and equitable property settlement is determined, what circumstances provide for maintenance of a party, and what time limitations exist are of critical importance. Parties can agree upon the division of their property or, in the event they are unable to agree, the Family Court or Federal Circuit Court can determine the division of assets.

Read more

Death of a Parent – What Then?

The case of Kelly & Landridge [2013] FCCA 1737 provides an outline of the considerations to be made for the death of a parent, when a loving mother suddenly dies, leaving three children of three different fathers and a maternal grandmother to work out the arrangements for the care of the children.

Read more

When Does Online Bullying Become Defamation?

Online bullying has gone viral and many experience defamation, but few know their legal position or ways to effectively manage it. If a photo or statement has been published, whether in print or online, or a nasty email about you has been sent out to your work colleagues, you may feel as though there is nothing you can do.

Read more

Welcome Back Taryn

Quinn & Scattini Lawyers are pleased to welcome back Taryn Hokin. Having worked tirelessly since graduating as a lawyer, Taryn took the opportunity to have a career break and returns to the office on Monday, 4 September 2017, after spending the past 12 months travelling around the world. Taryn will be based at Q&S’s Mermaid Beach office.

Read more

Being Online – Social Media, Criminal Charges &/or Defamation

A topic that always comes up in the press – since the rise of social media – is the ease, ability and overall willingness by people to publish whatever they are feeling. Social media sites are a forum that people can share their lives and thoughts, and in some cases make comments that they might not make in other circumstances that amount to defamation.

Read more

Purpose of the QLS Fidelity Fund

hold a current practising certificate which is issued annually by the Queensland Law Society, maintain insurance with a monopoly insurer owned by the QLS and pay an annual levy to the QLS to maintain a fund known as the Fidelity Fund.

Read more

Issues In Giving A Buyer Early Occupation

There may be a number of reasons why a seller is asked by a buyer for permission for the buyer to take occupation of a property before settlement has taken place. Whatever the reason, the seller must give careful consideration before agreeing to give the buyer early occupation.

Read more

Challenging A Bank Guarantee

This is both a cautionary tale for anyone who is contemplating acting as guarantor of someone else’s liability, and a David-and-Goliath story of a battle with a major bank.

Read more

Overdue Changes To Youth Justice System Ahead

There has been a long standing problem with the Queensland criminal justice system, and that is our inclusion of 17-years-olds in the adult justice system. It has been a problem unique to Queensland, being the only state in Australia to treat 17-years-olds as adults and send them to adult prisons.

Read more

Welcome Ebony

Quinn & Scattini Lawyers today welcomes Ebony Reid to the Team as an Administration Assistant.

Read more

Restraint of Trade

Protecting the goodwill and brand of the business and creating income and profit are the main objectives of all businesses. In an attempt to achieve these objectives business owners will often include restraint of trade (“ROT”) clauses in employment agreements, partnership agreements and in business sale agreements.

Read more

Why Formalise Property Settlement?

Formal finalisation can take the format of a Binding Financial Agreement which requires each party to obtain independent legal advice, or Consent Orders which are registered with the court and reviewed by a registrar. Each option requires disclosure to be undertaken and each party needs to be satisfied that all property, debts and superannuation have been disclosed with proper values attributed to each item.

Read more

Typographical Errors In A Will

The issue sometimes arises that a clerical error made in a will has a significant impact on the interpretation of the will and on whether the will is valid.

Read more

Passing the Post-silly Season Test

As the silly season draws to a close quite a lot of people may be regretting having said something at the Christmas party or committing some other indiscretion as a result of imbibing the spirits of Christmas. Quite a few driver’s will be left with a more serious problem; a drink driving charge.

Read more

‘Tis the Season To Get Merry…

It’s silly season again and as many of us over-indulge at office parties or family barbies it might be wise to reflect upon the potential perils of a drinking and driving.

Read more

Welcome Leewyn

We are excited to welcome Leewyn today as our Marketing Coordinator. Leewyn has many years experience in legal marketing, and we are looking forward to working together.

Read more

Ambiguous Gifts In A Will

A clause in a homemade will can appear crystal clear to the person writing the will, yet it can be very ambiguous to another person reading it after the will-maker has died. The proliferation of homemade wills has caused a substantial increase in the number of applications to the Supreme Court of Queensland to construe (interpret) unclear will clauses.

Read more

When Family Matters & Estate Planning Collide – Just One Example

One of the things we ask clients at the first meeting is whether they have a current Enduring Power of Attorney ("EPA"). We talk about the change that might need to be made to that document, or that one should be put into place, and then we proceed to deal with the family law issue. At the other end of the matter, we find it is also a good time to review the estate planning documentation that a client has in place because now they may have divorced, undertaken a property settlement and/or secured orders regarding the care of children.

Read more

Will the VLAD Act Be Repealed?

In recent times the Queensland parliament has taken a strict stance and vowed to crack down on organised crime. This approached was essentially triggered after public outrage regarding the infamous Broadbeach bikie brawl that occurred on 27 September 2013.

Read more

The Granny Flat Revolution

In many states of Australia granny flats are being erected as separate dwellings on a property and can be used as a secondary source of income. This is not the case in Queensland. Unlike building a home from scratch, granny flats can have a fast-tracked government approval process which can reduce the bureaucracy and paperwork required for a new dwelling from six – eight months to 10 or so weeks.

Read more

Enforcing Spousal Maintenance Orders

Quinn & Scattini Lawyers had the opportunity to assist a client with the enforcement of her spousal maintenance obligations against her non- compliant former husband. In discussing the case with colleagues, it became apparent that many clients are often unaware that the Child Support Agency ("CSA") is able to assist a party to collect the maintenance, at no cost to that party.

Read more

Ending An Opponent’s Claim Early

When assisting clients who are being sued, we consider and advise on a range of options and strategies and we work with our clients to achieve the best possible result for them in the most cost-effective manner.

Read more

Overseas Travel For Children of Separated Parents

I am often faced with questions from parents about the issue of overseas travel for their children. Some parents have reservations about allowing their child to travel overseas. These reservations can stem from concern about the safety of the particular country. The 'other' parent may have concerns that the child/children will be kept in that country and not returned.

Read more

Removing & Replacing An Executor

We often see clients who are frustrated by the way an executor is dealing with the estate of a deceased person. It is rare, but it does happen, that an executor may deal fraudulently with an estate, such as by taking estate funds for their own benefit.

Read more

Protecting Against Unlawful Termination of A Building Contract

Our client was a frail, 67 year old lady for whom English was her second language. She had entered into a standard form of contract with a builder for the construction of a house. Our client contacted us after the builder had issued her with a notice to remedy alleged 'substantial breaches' of the contract for the most petty of complaints.

Read more

Commercial Leases & the Obligation To Insure

A commercial lease is typically entered into by a person or company ("tenant") with the owner of the building or premises ("landlord") for the purpose of receiving exclusive possession of said premises from which the tenant may conduct or manage his, her or its business.

Read more

Issues That May Arise When Buying Units & Townhouses Off-the-Plan

Buyers who wish to buy brand new units and townhouses will most likely buy off-the-plan. The concept of buying off-the-plan involves a buyer entering into a contract to purchase a property that has yet to be built. This article highlights some of the issues that buyers should consider when buying off-the-plan.

Read more

What To Do If the Contract For the Sale of Your House 'Falls Over'

Our clients are sometimes faced with the dilemma of what to do when the contract for the sale of their house 'falls over'. For the purposes of this commentary, we will assume that the buyer is in default to settle and has therefore failed to comply with an essential term or is in a fundamental breach of an intermediate term of the contract.

Read more

Post Separation Spending

common misconception that I see regularly amongst family law clients is that once you have separated, you don’t have to explain or account for your post separation finances. Many clients mistakenly believe that only the assets which existed at separation are taken into account and that an examination of what occurred after separation is irrelevant. If only it was that simple.

Read more

Preparing Sentences

A great deal of my work as a criminal defence lawyer is dedicated to representing my client’s best interests on sentence proceedings following a plea of guilty. My role is to prepare and present the case to achieve the best possible outcome for each client.

Read more

Recovering A Parent’s Share In A Disputed Property

The last twenty years has seen a significant increase in the prices and value of residential real estate. Consequently, a situation sometimes arises whereby elderly parents have built up significant equity in their home, while their adult children are unable to purchase a house without a contribution of a significant deposit and/or having the loan guaranteed.

Read more

Superannuation Matters – But How Is It Relevant To Estate Planning?

Generally speaking, superannuation is an asset that does not fall into your estate. This can have significant benefits and can be an essential aspect of your estate planning, especially for those who are in business or in financial distress. When you pass away, your estate then has to pay out all of your liabilities before any gifts can be made to beneficiaries.

Read more

Guarantee Disputes

One of the most contentious areas of finance law is that of guarantees. This typically involves the guarantee by one person of a loan made by a financial institution to another person who is often in a family relationship with the guarantor (for example, the borrower’s parent or spouse).

Read more

Lost Wills

You may think that if a will is lost, that it no longer exists and cannot be used to distribute the estate of a loved one who has died. This is not correct.

Read more

Is the QBCC Merits Review a Sham?

In 2014 we reported that proposed amendments to the Queensland Building and Construction Commission Act 1991 ("QBCC Act") represented a dramatic shift in the powers of the Queensland Building and Construction Commission ("QBCC") against building licence holders.

Read more

Real Life Q&A: Wills

One of our staff members saw the following posted in an online forum: “Wills. How do they work?? is it magnets? Apparently the post office Will Kits are no good. And I hear “Get a proper one with a lawyer.

Read more

The Role of An Executor

When a person makes their will it is necessary for them to appoint at least one executor to carry out their instructions in the will.

Read more

One Punch Laws – Tough On Crime & Tough On Rights

On 26 August 2014, the Safe Night Out Legislation Amendment Bill 2014 ("the Bill") was passed by the Queensland Parliament which is part of the Queensland Government’s 'Safe Night Out' strategy, with the objective to reduce alcohol and drug-related violence in Queensland’s nightlife.

Read more

Landlords Beware – Blinds and Curtain Cords Can Kill

Loose blinds, curtain cords and chains (particularly those with loops) have been the subject of extensive investigations, inquiries and consultations with industry associations, companies, people and health and advocacy groups in recent years, conducted by the Australian Competition and Consumer Commission ("ACCC") due to the number of deaths it has caused amongst young children.

Read more

Q&A: Wills & Estates

Given the importance of administering a will according to law, if you have any questions, then you really should ensure you get appropriate legal advice so that you are not ultimately liable for any errors or omissions in the estate administration.

Read more

Protecting Rights – You Have Them For A Reason

The world was graced with pictures and film footage of one of Australia’s richest men and a multimillionaire media mogul trading blows in a two-sided brawl. It was in public, in the middle of the day and can be classified as ‘affray’, a crime against public order, disturbing the peace and most importantly with the possibility of causing a bystander to be afraid.

Read more

Endangered PAMDA Nears Extinction: Welcome the New Property Occupations Act Species

The Queensland State Parliament is currently in the final stages of bringing about the Queensland Property Occupations Bill 2013 ("the Bill"). The Bill (once passed) will replace the Property Agents and Motor Dealers Act 2000 ("PAMDA"). The objective of the change is to reduce the complexity and level of technical regulatory requirements found in residential and rural property transactions.

Read more

How Does A Domestic Violence Order Work?

In Queensland the Domestic Violence and Family Protection Act 1989 (Qld) ("the Act") was created to provide protection for victims of abusive or violent relationships. The Act is designed to protect both victims who reside with the other person and victims who seek an order which prohibits the other person from contacting the victim or going to their house or place of work.

Read more

VLAD Bikie Laws & Now the Government Turns On Lawyers

The VLAD laws have received considerable attention by the media and have been widely discussed in the community. Following the introduction of these laws, the Premier of Queensland, Campbell Newman, last week made the extraordinary claims that any lawyer who represents bikies is “part of the criminal gang machine”.

Read more

Have You Been Charged with Drink Driving?

Due to the increase in people driving under the influence of alcohol, Queensland Courts are taking a disapproving and serious view of this type of offending. As a result drivers are being punished with lengthy disqualification periods and high fines.

Read more

How to Obtain A Restricted Licence?

With the holiday season for most either having ended or about to end, you might be one of the recent people detected and charged with drink driving, speeding or other traffic offences on Queensland roads. For some drivers this will mean facing the New Year without a driver’s licence and may result in the loss of employment.

Read more

Going Away These Holidays? Ensure Your Will Is Property Drafted!

Prior to travelling interstate/overseas over the holiday period many people are deciding to prepare a will, as a just-in-case measure, to look after the interests of their loved ones in the event of an accident. However, unfortunately some people are either using a do-it-yourself will kit or inadvertently engaging a lawyer who does not properly draft the document.

Read more

Smartphone Apps for Preparing Your Will?

A article published by The Courier-Mail writes about a remarkable set of circumstances where the Supreme Court of Queensland ruled that an electronic typed document made by a deceased person on a ‘notes’ app on his smartphone constituted a valid will.

Read more

Alleged Lovers Contesting the Estate Against the Children

An article in The Courier-Mail highlights an increasing trend in estate litigation where alleged lovers of a deceased make claims against the estate for provision. The article suggests the need for adult children hiring their own investigators in an attempt to fight off estate claims from alleged lovers.

Read more

Adult Child Maintenance – Special Needs Children (section 66L)

Howard J of the Brisbane Registry of the Federal Circuit Court of Australia considered the plight of 'X' who was born in 1992 and suffers from significant disabilities, such that he requires 24 hour care. This young adult is unable to function on his own or without a high level of support. He suffers from cerebral palsy spastic quadriplegia, cortical vision impairment, coeliac disease, a heart murmur and gross oesophageal reflux.

Read more

Criminal Laws (Part 1): A Loss of Everyone’s Rights

The Queensland State Government has passed the Vicious Lawless Association Disestablishment Act 2013 ("the Act") which has the potential to have far reaching consequences on every individual and group, not just bikies. Under the Act harsh penalties are applied to any person deemed a 'Vicious Lawless Associate'.

Read more

Criminal Laws (Part 2): Idealism with Dangerous Implications

Balancing between freedoms, rights and safety for all people is the dilemma encountered in any good government. Sometimes though, there are instances that shock people and sometimes cause a government to react quickly in the belief that they know what is best to preserve freedoms, rights and safety.

Read more

Federal Circuit Court – When Did Separation Occur?

TThe Federal Circuit Court ("FCC") deals with a variety of family law issues. This article focusses on the situation where the FCC had reason to consider the circumstances of separation, the date of separation and how they both related to property settlement.

Read more

G20 Safety & Security Bill – Are Rights & Freedoms Being Silenced?

The G20 (Safety and Security) Bill 2013 is before the State Parliament. Josh Bavas from ABC News wrote in his article how anyone deemed a ‘threat’ can be detained without bail for at least the week of the summit. Also contained within the bill are powers for police to search any person on the spot for prohibited items and the ability to publicly broadcast names and photos of people 'prohibited' from the city.

Read more

Estate Planning for Blended Families

Estate planning for blended families requires accurate advice and detailed consideration. In our experience estate planning for couples was simplified to the mere preparation of a will. While this is appropriate in many situations, it may not actually guarantee that your wishes are fulfilled.

Read more

Privacy? Police Tracking Drivers Using Number Plates

Continuing from our earlier criminal law articles, concerning loss of privacy and attempts to strip away judicial responsibilities, is the new disturbing announcement of a trial where Queensland Police will now be tracking drivers through number plate recognition technology.

Read more

In the Press

Read what Russell Leneham, a Director at Quinn & Scattini Lawyers had to say in in the Albert and Logan News.

Read more

Reach out to us. 24/7.

Brisbane CBD:

Level 2
102 Adelaide Street
Brisbane City

Gold Coast:

1/2406 Gold Coast
Highway
(Cnr Markeri St.)
Mermaid Beach

Beenleigh:

99 George Street
(Opposite Court
Cnr York Street)
Beenleigh

Cleveland:

141 Shore Street West
(Opposite Cleveland
Train Station)
Cleveland

Jimboomba:

Shop 1
689 Cusack Lane
Jimboomba

Like and follow Quinn & Scattini Lawyers!

Close Menu