Publications - Miller Sockhill Lawyers

Litigation ·

Consider the Implications Before Rejecting an Offer

Calderbank Offers. Litigation is the last resort for resolving a dispute and generally by the time the matter proceeds to trial all other avenues may…

Family Law ·

When will a Financial Agreement be set aside?

In our previous article “What is a Binding Financial Agreement?” we briefly looked at how ‘binding’ a binding financial agreement (BFA) drafted pursuant to the…

Estate Planning ·

Planning Ahead: Who makes the important decisions when you no longer can?

While no one wants to imagine a time when they can’t make their own decisions, it’s a reality that many people face whether it be…

Property Law ·

Changes to Property Law Qld

In 2013 the Commercial and Property Law Research Centre of the Queensland University of Technology commenced a review of Queensland’s property laws for the Queensland…

Litigation ·

Defamation Law Explained

Defamation is the intentional publication of unfounded material that harms a person’s reputation. Defamation law in Queensland is primarily governed by the Defamation Act 2005 (Qld).…

Estate Planning ·

Family Law – Estate Planning Considerations

If you are going through a change in your family situation, it’s important to consider how this might have an effect on your estate planning…

Contracts ·

Service of Court Documents: A Need-to-Know Guide

Service of Court Documents: A Need-to-Know Guide In Queensland, the process of serving court documents is a crucial part of the legal system. It ensures…

Family Law ·

Upcoming Changes to the Family Law Act 1975

Upcoming Changes to the Family Law Act 1975 Overview On 10 June 2025, significant changes to Australia’s Family Law Act 1975 will come into effect,…

Conveyancing ·

Changes to Transfer Duty Concessions and Exemptions in Queensland

Changes to Transfer Duty Concessions and Exemptions in Queensland With the cost of living being a key talking point over the last few years, changes…

Contracts ·

Capacity And Contracts

We were recently instructed in a matter where a person entered into a contract, the obligations under which, they were never going to be able…

Body Corporate ·

Body Corporate Common Property – Can a Lot Owner force the granting of Exclusive Use?

Body Corporate Common Property Can a Lot Owner Force the granting of Exclusive Use? Yes, potentially. Section 171 of the Body Corporate and Community…

Commercial ·

Assignment of Commercial Lease in Queensland: Key Legal Considerations

Assignment of Commercial Lease in Queensland: Key Legal Considerations An Assignment of a lease in Queensland is a process where a Tenant (assignor) transfers…

Estate Planning ·

You can’t find the Will?!?

You can’t find the Will?!? Occasionally upon the death of a person, particularly the sudden death of a person, the location of their original Will…

awards ·

Buying or Selling a Business – What are Your Obligations to Existing Employees?

Buying or Selling a Business -What are Your Obligations to Existing Employees? When buying or selling a business, it is important to consider existing…

Body Corporate ·

Body Corporate power to enter lot – what does this mean for property owners under a Community Titles Scheme?

Body Corporate power to enter lot – what does this mean for property owners under a Community Titles Scheme? Power to Enter Lot In…

Body Corporate ·

Are You Providing Rooming Accommodation?

Are You Providing Rooming Accommodation? In Queensland, the Residential Tenancies and Rooming Accommodation Act 2008 (‘the Act’) generally governs residential tenancies and rooming accommodation…

Estate Planning ·

Wills, Enduring Power of Attorney, and Advanced Health Directives – Understanding Your Personal Documents

Wills, Enduring Power of Attorney, and Advanced Health Directives – Understanding Your Personal Documents While many people understand the importance of Wills, the lesser-known…

Uncategorised ·

Consumer Leases for Indefinite Periods

Consumer Leases for Indefinite Periods Consumers are granted statutory protections under the National Credit Code for not only credit contracts but also for consumer…

Uncategorised ·

Non-Refundable Deposits and Instalment Contracts

Non-Refundable Deposits and Instalment Contracts For buyers and sellers of property in Queensland, arranging to release “non-refundable” deposits under a contract has traditionally been…

Uncategorised ·

Is Development Approval Required Before Registering a Lease?

Is Development Approval Required Before Registering a Lease? Overview Property owners and landlords should take the time to consider the particulars of their property…

Liquor Licensing ·

Do I Need a Liquor Licence?

Do I Need a Liquor Licence? Liquor licensing is administered by the Office of Liquor and Gaming Regulations (the OLGR) in Queensland and is…

Litigation ·

Considering Litigation? Consider Your Costs!

Considering Litigation? Consider Your Costs! As Ben Roberts-Smith’s failed defamation Claim now turns to the matter of costs, reportedly an astonishing $35 million! …

Family Law ·

Divorce – Not Always a Simple Process

Divorce – Not Always a Simple Process You may have seen our article on ‘How to Apply for a Divorce?’ and it appears that…

Commercial ·

Misleading and Deceptive Conduct

Misleading and Deceptive Conduct In Australia, the Australian Consumer Law (“ACL”) provides for various consumer protections. The ACL is found in Schedule 2 of…