Publications - Miller Sockhill Lawyers

Estate Planning ·

Understanding Probate

Understanding Probate What is Probate? Probate refers to the legal process of validating and executing a deceased person’s will. It involves the court’s recognition…

Legal Fundamentals ·

What is Legal Professional Privilege?

Legal Professional Privilege You may have heard the phrase ‘Legal Professional Privilege’, but what does it mean here in Australia and how does is…

People with a disability smiling and laughing

Estate Planning ·

Estate Planning and Consideration to Special Disability Trusts

Estate Planning – Special Disability Trusts Special disability trusts came into effect on 20 September 2006 and can be utilised in estate planning where…

Australian flag blowing in the wind in front of a blue sky

Immigration ·

Upcoming Changes for New Zealand Citizens Applying for Australian Citizenship

Are you a New Zealand Citizen Considering Applying for Australian Citizenship? Up until recently, the majority of New Zealand citizens living in Australia faced…

awards ·

Are you aware of your QLeave Obligations as an Employer?

Are you an employer in the building and construction industry? If yes, then you may need to consider your obligations under the legislative scheme regarding…

Commercial ·

Construction Company Liquidation And The Homeowner

What Happens to Homeowners When a Construction Company Goes into Liquidation? The effects of the Covid-19 pandemic have forced many companies into liquidation with…

Estate Planning ·

Asset Protection – Planning for Incapacity in a Business or Investment Context

Asset Protection – Planning for Incapacity in a Business or Investment Context Often when people consider executing an Enduring Power of Attorney document, they…

Employment Law ·

Employment Law: Awards

Employment Law: Awards What is an Award? An Award is the minimum entitlements and conditions an employee is required to be given in the course…

Estate Planning ·

PROVIDING FOR YOUR PETS IN YOUR WILL

PROVIDING FOR YOUR PETS IN YOUR WILL In today’s modern households, pets are considered members of the family. When we plan to go on holiday…

Estate Planning ·

Deeds of Family Arrangement

Deeds of Family Arrangement When a person dies their assets will generally be distributed in accordance with the wishes that they record in their Will,…

Estate Planning ·

Capital Gains Tax and Inherited Property

Capital Gains Tax and Inherited Property For most of us, conversations surrounding Capital Gains Tax (or “CGT”) can be boring, stressful and confusing. These feelings…

Body Corporate ·

Community Titles Schemes – Common Property

What is Common Property? In a community titles scheme, all property outside of an individual lot owner’s boundary is common property pursuant to section 10…

Property Development ·

Option Agreements

What is an Option Agreement? An option agreement is an agreement between two parties regarding an option to buy and/or sell a property. Generally, option…

Commercial ·

Preliminary Agreements – Are They Binding, And Other Considerations

Preliminary agreements are often used in commercial transactions, and can serve many different purposes depending on how they are drafted and the type of arrangement…

Litigation ·

Enforcement Hearing Process

Overview Once a money order is made, what is the next step in enforcing the order against a debtor? The next step is to progress…

Trusts ·

Terminating Trusts

What is a Trust? A trust is a legal instrument whereby property and/or assets are held by a third-party, the trustee, on behalf of beneficiaries.…

Conveyancing ·

Purchasing Property – Joint Ownership

Purchasing Property – Joint Ownership If you are considering purchasing property with one or more others, it is important to think about what portion of…

Litigation ·

Abandonment of a Contract

Abandonment of a contract occurs where it is apparent from the conduct of the parties to a contract, that neither intends on continuing to perform…

Family Law ·

Family Law: Before Court – Pre-Action Procedures

Under Schedule 1 of the Family Law Rules 2021 (Cth) (the ‘Rules’) before a party can commence parenting or financial proceedings in Court there is…

Conveyancing ·

Sunset dates when buying off-the-plan property

When buying land or a property in a community titles scheme that is not yet registered, it is important to be aware of and understand…

Employment Law ·

Non-Solicitation Clauses

A non-solicitation clause is generally contained within an employment contract to protect an employer’s business and clientele after an employee leaves their business. The purpose…

Family Law ·

What is a Binding Financial Agreement?

What are Binding Financial Agreements? Under the Family Law Act 1975 (the Act) a Binding Financial Agreement can be made between two spouses (whether they…

Commercial ·

Severe Weather, Flooding and Leases

Overview With severe flooding and weather events ravaging most of the Eastern coast of Australia in recent times, it is important for tenants to understand…

Conveyancing ·

Extreme Weather Events and the Purchase of Property

With the recent extreme weather Queensland has been experiencing, many people purchasing houses and property have been affected. Events such as flooding can come without…