Legal Resources
BLOG FILTER
The Essential Guide to Understanding Contracts for Business Owners
In this article, we will discuss some of the key aspects of contracts that Queensland business owners need to be aware of.
A commercial lawyer can help you navigate the legal
A Guide for Negotiating Commercial Leases in Queensland
This article discusses some of the key aspects of commercial leases that, as a Queensland business owner, you need to be aware of.
Estate Planning in Queensland: Protecting Your Legacy
If you’re a business owner, you’ll want to carefully consider your business assets. A will is crucial to direct the distribution of your assets, including your business.
Unlocking Success Through Business Restructuring in Queensland
Business restructuring could be the key if you are looking to boost the performance of your Queensland business. Read more to find out why.
Estate Planning in Queensland – Be Prepared
There are certainly challenges that come with growing old in Queensland. How, for example, would your healthcare decisions be made if you were unable to make them yourself? read more.
Enduring Power of Attorney: What You Need to Know When Estate Planning in Queensland
Wills, General Powers of Attorney, and Enduring Powers of Attorney serve different purposes when it comes to ensuring your wishes are carried out in the future. Read more.
How our Commercial Law services help in a divorce
A Buy-Sell agreement that we prepare can include two types of exits: Voluntary and Involuntary.
How Commercial Law helped Bob – [a case study]
In this video, James Ballantyne explains a case study on how Ballantyne Law has assisted Bob a widget repairer with his business legal needs throughout the business life cycle from
Taking the stress out of conveyancing at Christmas
Buying and selling property involves strict deadlines that can carry even greater relevance at this time of year. Ballantyne Law Group’s expert Property Law team makes sure your contract is
Estate planning … a smart move for the silly season
Peace of mind for the holiday season.
As another year comes to an end, now is the perfect time to have Ballantyne Law Group check the status of your estate
Will You Save Money by Writing Your Own Will?
Even the simplest of wills is important because it contains your wishes for your estate. Here, Ballantyne Law Group’s estate planning team explains why engaging a solicitor to prepare and
What happens if a trustee company goes into liquidation or is deregistered?
We are often approached by clients or accountants with problems relating to their trusts – sometimes the deed has been lost or damaged, or the trust was established some time
When do you need to make a new will?
Personal estate planning is an evolving process. It is very rare for our circumstances to remain static throughout our lifetime, which means that just making a will is not enough
5 Business structures you could use for your startup
The structure of a business will have a big impact on asset protection, taxation and cost. Addressing this early on can save significant costs down the line.
7 things you probably didn’t know about conveyancing
For many people, buying (and selling) their home is the largest legal transaction they will deal with. Often it is their only dealing with a law firm. Conveyancing is the
Do you have an exit strategy? Estate and succession planning for business owners
Exit strategies are important. Whether it is an uncomfortable social gathering on a Tuesday night or your retirement plan, having a departure strategy allows you to move forward with confidence.
Informal Wills in Queensland
In an ideal world, we would all be up to date with our planning, including our estate planning. Unfortunately, studies show that a large proportion of Australian adults do
News round up – Estate Planning
Recent national news stories have put the issue of estate planning into the spotlight. These articles highlight generally the critical importance of appropriate estate planning for Australian adults of
Independent Advice Certificate
It is becoming increasingly common for banks and other lenders to require borrowers or guarantors to obtain independent legal advice about their rights and obligations. Generally, these lenders will
Director’s Liability
Company directors have a wide range of duties and obligations, and the breach of one or more of these can result in a director’s liability for company debts. As
Ebook – Estate Administration in Queensland
Ballantyne Law Group is pleased to announce the publication of a free Ebook for executors, beneficiaries and other people with an interest in an estate in Queensland.
Shareholders’ Agreements
A shareholders’ agreement is an agreement that governs the relationship between a company, its shareholders and other key people. A shareholders’ agreement shouldn’t be an ‘off the shelf’ product,
Who controls a Discretionary Trust?
Discretionary trusts (often referred to as family trusts) are a very common method of holding assets in Australia, and are used to hold property and other financial assets and also
Mental Health and Capacity
October is Mental Health Month and 10 October 2019 is world Mental Health Day.
More than 1 in 5 Australians are affected by mental illness, and there are a range of
What are my rights in a shareholders dispute?
Left unresolved, a shareholders dispute can significantly impact on a company’s profitability, if not destroy the company and irreparably damage the relationship between the shareholders. As with all disputes prevention
What is the First Home Loan Deposit Scheme?
In October 2019, the Federal Government announced that from 01 January 2020, they would be rolling out a new scheme that will help first home buyers purchase their first home
Buying Investment Property in a Trust
Our principal James Ballantyne was recently interviewed by Erin Delahunty from realestate.com.au about buying investment property using a trust.
Estate Planning Basics – Video
James Ballantyne recently gave a short presentation to BNI Elite – Helensvale on basic issues in estate planning.
Estate Planning and Coronavirus
With the rapidly escalating responses to the coronavirus pandemic, it is more important than ever to ensure that you have an appropriate estate plan in place – and in particular
Rent relief in a global pandemic? What can tenants and landlords do?
29 March 2020
*Update* – While not announcing any substantive changes to commercial leases, the Prime Minister in his briefing this evening strongly encouraged landlords and tenants to engage in
Commercial Tenancies Code
The Prime Minister has announced that the National Cabinet has approved a new mandatory “Commercial Tenancies Code” to assist in dealing with the fallout from the coronavirus pandemic.
Each state
Commercial Tenancies Code of Conduct
The recently announced mandatory Code of Conduct (Code) for commercial tenancy requires landlords and tenants to negotiate appropriate temporary leasing arrangements to achieve mutually satisfactory outcomes during the Coronavirus pandemic
Covid-19 Emergency Response Bill 2020
The Queensland Government has passed the Covid-19 Emergency Response Bill 2020 (Qld) (the Bill), which among other things:
Commercial Tenancy Code Explained – Presentation by James Ballantyne
One of the most common issues confronting both businesses and property investors during this Pandemic is how commercial tenancies should be dealt with.
Queensland Government passes regulation to implement Leasing Code
The Queensland Government has now passed regulations implementing National Cabinet’s mandatory code of conduct—SME commercial leasing principles during COVID-19.
Witnessing Wills in Queensland
On 23 April this year, the Covid-19 Emergency Response Act 2020 received royal assent and came into force in response to the ever-changing requirement for new law as a result
Estate Planning and your pets
We were pleased to be joined today by a new team member, ‘Bear’ the office labrador. While Bear is not necessarily the most productive staff member at Ballantyne Law Group,
When should you consider using a special disability trust?
For parents and other family members of a person with a disability, the question of how their family member will be cared for if they are no longer able to
Foreign owner surcharges and discretionary trusts
A number of states have introduced foreign owner surcharges on duty and/or land tax for acquisitions and ownership of certain types of land by ‘foreign persons’. New South Wales and
Advance Health Directives – Do you really need one?
Part of any proper estate planning is giving consideration to how healthcare decisions will be made if you are unable to make them yourself. Generally, this can be achieved through
Estate Proceeds Trusts
The benefits of wills incorporating testamentary trusts are reasonably well known within the estate planning community, and awareness of them is becoming more wide-spread generally. Estate Proceeds Trusts are less
When, why and how lawyers work with accountants
You might be surprised to learn just how closely lawyers and accountants work together. Ballantyne Law Group’s services in commercial law, property law and estate planning regularly require collaboration with
5 issues that can threaten your business partnership in Australia
While business partnerships begin with shared optimism and goals, they quickly can become vulnerable. As a leading commercial law firm on the Gold Coast, Ballantyne Law Group covers all areas
Three things you need to know about binding nominations
When it comes to the distribution of superannuation benefits after your death, a binding nomination is one of the best options – as long as proper measures are in place.
5 Common Questions When Considering Estate Planning In Australia
At Ballantyne Law Group on the Gold Coast, our will and estate planning lawyers are qualified specialists in these serious and sensitive legal processes. Where possible, we provide fixed professional
Should I restructure my business?
Restructuring is a process through which a business reorganises its operation to maximise earning potential, suit current circumstances, and improve capacity to meet obligations – including debt.
From our offices in
3 Frequently Asked Questions On Taking Ownership Of A Business
Starting a business with friends is exciting, but don’t let complacency override sound business practice. Talk to Ballantyne Law Group about the value of shareholder agreements.
Advantages and disadvantages of buying a franchise
Franchising enables people to enter the small business sector without building a business from scratch. You work within an established business model and must meet various obligations – financial and
A new lease on life for commercial and retail property
An enduring image of the COVID-19 global pandemic was that of empty shopfronts as, one after the other, retail and commercial premises closed for business.
In South-East Queensland, the
Company directors and the order of the phoenix
The mythological phoenix was a magnificent bird that rose from the ashes to begin a new life. It has long been a go-to metaphor in the corporate sector, especially when
What happens if I die without a will?
In 2018 an Australian research organisation conducted a survey that found more than half of Australian adults – almost 10 million people – don’t have a will.
While Queensland was the
How a Creditor’s Statutory Demand can help you to be paid?
None of us enjoys sending payment reminder notices, let alone repeatedly. If you are not being paid, Ballantyne Law Group’s Commercial Law team can help by issuing a Creditor’s Statutory
What is an Independent Advice Certificate and why do I need one?
These days, borrowers and guarantors are increasingly required to obtain an Independent Advice Certificate in relation to loans. Ballantyne Law has a strong record in these documents, which need to
Top 3 property law changes to start 2022
As the Queensland property market continues to boom, latest legislative reforms will affect buyers, sellers, property owners/managers and tenants. For best quality legal services across all areas of property law,
How did COVID-19 affect estate planning?
As the global pandemic continues to impact our lives, economy and health system, it is more important than ever to have an estate plan in place. At Ballantyne Law Group,
Business email compromise – How can you avoid it and what can you do if you get scammed?
Ballantyne Law Group assists clients in both dealing with cyber fraud attacks, and in putting appropriate legal systems in place to protect against these attacks.
Solicitor Sidnee Jennings outlines some
What issues do you need to consider when buying a business?
There are a variety of issues that need to be considered, preferably before you sign a contract. By speaking to an expert business lawyer, you can save significant stress and
Purchasing property in a Self Managed Superannuation Fund
Notwithstanding lingering uncertainty about the future of limited recourse loan arrangements for self managed superannuation funds (SMSF), acquisition of real property remains a popular investment strategy for SMSF trustees.
7 Common Estate Planning Failures (and a simple way you can avoid them)
Estate planning allows you put in place strategies to pass ownership of assets, control of entities and decision making powers in the event of your death or loss of capacity.
Queensland Supreme Court highlights
The recent decision by the Queensland Supreme Court in Stewart v Stewart [2015] QSC 238 has highlighted the need for people who wish to make provision for beneficiaries to ensure
Estate planning in Australia (Infographics)
Estate planning in Australia (Infographics) some interesting stats around Estate Planning in Australia. Learn more.
What are the benefits of registering a trade mark?
A trade mark is a ‘sign’ used to distinguish goods or services provided by one business from those provided by other businesses.
Calls to scrap CGT discount on family trusts
Every few years proposals are made about significant taxation reform on discretionary trusts (commonly referred to as ‘family trusts’). From the entity tax proposal of the early 2000’s, to the
Limited Recourse Borrowing Arrangements
Earlier this year we outlined the recommendations made by the Financial System Inquiry (FSI) in relation to limited recourse borrowing arrangements, which were that such arrangements should be prohibited (albeit
CGT Rollover relief for small business restructures
At Ballantyne Law Group, we often talk about the importance of properly structuring a business. One factor that often prevents small businesses from restructuring is the capital gains
Off the plan contracts – what can go wrong
A recent decision in the Queensland Supreme Court has put into stark focus the potential risks to buyers of properties off the plan who fail to settle.
Abolition of transfer duty – *Update*
Last year we wrote about the push for state tax reform, and in particular the abolition of the inefficient transfer duty. On 24 January 2016, the Sunday Mail claimed
New Property Agent Scheme in Queensland
What is the new scheme? Queensland’s Property Agents and Motor Dealer’s Act 2000 (Qld) will be replaced by a new legislative regime.
Why you should see a lawyer about your estate planning
Most of us would rather be thinking about how to make or spend our money, rather than what will happen to it after we die.
What now for the Financial Planning industry?
The Senate’s rejection of the wind-back of the Future of Financial Advice (FoFA) reforms will have serious consequences for the financial planning industry in Australia.
Estate planning and superannuation
Superannuation is a critical pillar of Australia’s retirement income system. The Treasury Department considers that by 2018 it will be the most critical – estimating that age retirement benefits will
New Years Resolutions
At this time of year we often reflect on our personal goals for the coming year. Often, we dust off last year’s resolutions, hardly used!
Why structuring matters
One of the more overlooked aspects of a new investment, whether it be a new business, property or other commercial investment, is structuring.
Frequently Asked Questions – Testamentary Trusts
Commonly referred to as just ‘testamentary trusts’, wills incorporating one or more testamentary discretionary trust are an increasingly common feature of effective estate plans. Testamentary trusts offer similar advantages to
Limited recourse borrowing arrangements
In December 2013 the Government announced the terms of reference for the Financial System Inquiry, to be chaired by David Murray AO. The Inquiry was charged with “examining how the
Foreign Investment Review Board Update
None of us enjoys sending payment reminder notices, let alone repeatedly. If you are not being paid, Ballantyne Law Group’s Commercial Law team can help by issuing a Creditor’s Statutory
Business Succession Planning
Business succession deserves serious consideration yet, for many of Australia’s small to medium enterprises, this important phase of business planning remains unaddressed until it can no longer be ignored.
Your
Binding Death Benefit Nominations – the importance of getting it right
The Supreme Court of Queensland has again highlighted the importance of taking care when drafting binding death benefit nominations for superannuation funds.
“Granny Flat” Agreements
There is increasing uncertainty about the treatment of the family home as part of Centrelink’s asset testing for pensions. Also, as people grow older the family home may longer be
Retention of title clauses
Retention of title clauses (sometimes called Romalpa clauses after a leading British case) have long been an important part of contracts for the sale of goods, particularly when possession of
When will we see the back of transfer duty? (Update – 19 August 2015)
The recent announcement by the South Australian Treasurer that that state would be abolishing duty on business transfers and phasing out stamp duty on commercial property transfers has brought Queensland’s
It is time to review your estate plan
Plan for this world as if you expect to live forever; but plan for the hereafter as if you expect to die tomorrow. – Solomon Ibn Gabriol
Estate planning is
