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Practical articles written by our lawyers to help you understand your options.

What Happens If You Die Without a Will in Queensland? Understanding the Rules of Intestacy
Featured Wills & Estates

What Happens If You Die Without a Will in Queensland? Understanding the Rules of Intestacy

Dying without a valid Will is called dying "intestate." When this happens, legislation steps in and decides how your assets are distributed, and the result may be nothing like what you would have wanted.

May 2026 Read article
High Court Confirms: No Statutory Set-Off Against Unfair Preference Recoveries
General March 2026

High Court Confirms: No Statutory Set-Off Against Unfair Preference Recoveries

In Metal Manufactures Pty Ltd v Morton [2023] HCA 1, the High Court has confirmed that statutory set-off under s 553C cannot be used to reduce unfair preference recoveries.

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Understanding Executor’s Commission in Queensland: A Guide for Clients
Wills & Estates February 2026

Understanding Executor’s Commission in Queensland: A Guide for Clients

Serving as an executor can be a daunting task, especially when managing the estate of a loved one. The role comes with numerous responsibilities, and many people are unaware of what these duties entail and how time consuming they can be.  Further, mo

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Division 7A Loans: Turning a Common Tax Trap into a Structured, Compliant Solution
Property Law February 2026

Division 7A Loans: Turning a Common Tax Trap into a Structured, Compliant Solution

Many Australian business owners operate through a private company structure and, quite understandably, draw funds from their company from time to time to meet personal expenses, fund lifestyle costs, or support family commitments. What many do not f

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ATO Warns on Contrived Property Development Structures: What Developers and Landowners Need to Know
Property Law January 2026

ATO Warns on Contrived Property Development Structures: What Developers and Landowners Need to Know

The Australian Taxation Office has recently issued Taxpayer Alert TA 2026/1, placing a spotlight on certain property development arrangements between related parties that the ATO considers high-risk and potentially non-compliant. The Alert is partic

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Protecting an Elderly Client’s Home: How MDL Recovered a Million-Dollar Interest Lost Through a “Gift Gone Wrong”
Property Law January 2026

Protecting an Elderly Client’s Home: How MDL Recovered a Million-Dollar Interest Lost Through a “Gift Gone Wrong”

At McCarthy Durie Lawyers, we regularly see the best of human generosity — and sometimes, unfortunately, the worst of how that generosity can be exploited. A recent matter involving an elderly client demonstrates both the risks of informal arrangemen

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How McCarthy Durie Lawyers Is Approaching AI — Securely, Responsibly, and for Your Benefit
General December 2025

How McCarthy Durie Lawyers Is Approaching AI — Securely, Responsibly, and for Your Benefit

Artificial intelligence has become one of the defining topics of our time, transforming industries and reshaping how businesses operate. As your trusted legal advisors, we want to share how McCarthy Durie Lawyers is navigating this evolving landscape

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When Good Advice Matters
Property Law December 2025

When Good Advice Matters

How Smart Structuring Protected a Young Homeowner and Avoided $83,000 in Tax Liability At McCarthy Durie Lawyers, we often say that quality legal advice is an investment, not a cost — and one recent matter illustrates that perfectly. A young client

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A big year of change - Updates to Family Violence in Family Law
Family Law December 2025

A big year of change - Updates to Family Violence in Family Law

2025 has brought with it several significant updates to the Family Law Act 1975 (the “Act”). The updated primarily impact property settlement and spousal maintenance in Part 8 of the Act. This article covers amendments to the definition of Family V

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Investing with a Self-Managed Super Fund (SMSF)
Property Law December 2025

Investing with a Self-Managed Super Fund (SMSF)

On 1 July 2025, the superannuation guarantee rate increased to 12% of every Australian worker’s wage. In October 2025, Australian superannuation account balances reached a record high of $172,834 on average. The total superannuation held by Australia

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