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
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”
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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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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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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Helping Your Children into the Property Market — The Right Way
In Queensland’s increasingly unaffordable housing market, it’s now common for parents to step in and help their children buy their first home. But while the impulse to assist is natural, the way that assistance is structured can have long-lasting con
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Adverse Possession Success: Securing Sole Ownership for Our Client
by Stephen Gibson At McCarthy Durie Lawyers, we are committed to achieving strong, practical outcomes for our clients — even when the legal pathway is complex. Recently, our Property Law team successfully assisted a client in securing title to a pro
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Single Contracts: Are they the future of Investing in the Queensland Property Market?
When purchasing property in Queensland, choosing the right contract structure can significantly impact your experience and investment strategy. Two primary models currently shape the market: the Traditional Contract and the emerging, innovative Singl
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Seize Your Advantage: Master Seller Disclosures
A Practical Consideration of The Property Law Act 2023: Sellers Disclosure It is no secret that Queensland’s Property Legislation has been in need of face lift for some time. It unfortunately took a COVID pandemic, an inflated and highly competitive
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Storm Water and Drainage: Your rights
By Madeleine Harling When it comes to your home, your blood sweat and tears have gone into it, and you’ll protect it at all costs – including from unwanted stormwater and drainage concerns which can cause damage to your land and home. This has been
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Queensland Proposed Changes to Body Corporate Legislation 2023
The Palaszczuk Government has recently announced reforms to body corporate legislation in Queensland following the October 2022 Housing Summit. The reforms aim to make it easier to sell and redevelop ageing or rundown community titles schemes. Accord
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Land Tax Changes Cancelled
By Stephen Gibson We have recently written about changes proposed by the Queensland Government, to the way in which land tax was to be calculated and charged in Queensland. On 30 September 2022 Queensland Premier Anastasia Palaszczuk announced that
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Land Tax In Queensland – Change is Coming
By Stephen Gibson The Queensland Government has recently announced changes to the way in which land tax is calculated in Queensland. Those changes will take effect from 30 June 2023. The Current Regime Currently land tax in Queensland is levied on
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Power of Land and Environment Court of New South Wales to create easements
In Alramon Pty Ltd v City of Ryde Council [2022] NSWLEC 108 (Alramon case), the Land and Environment Court of New South Wales recently considered an appeal against the refusal by Council of a development application for a childcare centre, whereby th
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Land resumption: know your objection and compensation rights.
Receiving notice that your property is intended to be resumed by the Government (Federal, State or local) to allow a development or public infrastructure to proceed can be stressful, particularly if the property being resumed is a long-held family ho
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Demolition Approval, Statutory Conditions & Extension of time for Commencement
In the recent (14.9.21) Planning and Environment Court decision of Karam Boutique Residential 8 Pty Ltd v Redland City Council [2021] QPEC 47, the Court was asked to grant an extension of the statutory (Building Act 1975) requirement that demolition
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Legislative changes to planning laws in response to COVID-19
by Jane Dillon Legislative amendments to planning laws have been recommended to Queensland Parliament as part of its COVID-19 response. The Legislative Assembly has recommended further temporary extensions to various legislative measures including c
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Two recent cases of Due Diligence
Two recent cases in which our firm has been involved highlight the need for Purchasers of commercial property to be alert to the range of searches available and prudent to obtain.In both cases, the clients purchased the freehold title to new motel de
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COVID rental relief finally law in Queensland: The Goalposts are set
Nearly two months on from the National Cabinet announcing its mandatory code of conduct for commercial tenancies affected by the COVID-19 crisis, Queensland has finally passed the code into law.On 28 March, the Queensland Government handed down the R
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Land Tax Recovery and EOFY
It is approaching that time of year when the Office of State Revenue will issue land tax notices for properties in Queensland and when everyone considers the implications of land tax when signing contracts.Land tax is calculated on the land owned in
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COVID-19 | JOB SUPPORT LOANS BEGIN TO ROLL OUT IN QUEENSLAND
Article by Stephen Gibson | Accredited Property Law SpecialistQueensland business owners who made application for the Queensland Government’s $500 million COVID-19 Jobs Support Loans scheme, have this week begun to receive loan documentation from the
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Buying & Selling Amidst the Pandemic | Getting on with life in Real Estate
Article by Stephen Gibson | Accredited Property Law SpecialistMore than two months into the COVID-19 National Health Emergency and, believe it or not, life in Queensland’s property sector goes on. Slower, no doubt, but continuing nonetheless.While th
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Commercial Leasing | COVID POLICY ANNOUNCED - A clear way forward for landlords and tenants
Article by Stephen Gibson | Accredited Property Law SpecialistThe property industry will no doubt pass a collective sigh of relief, following the Prime Minister’s announcement, concerning details of the National Cabinet’s package to relieve commercia
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Planning and Environment | Industry Update
As you are most likely aware, McCarthy Durie Lawyers practises not only in the Planning and Environment Court jurisdiction but also has a great deal of experience in the Land Court jurisdiction.One of the continuing areas of argument in resumption ca
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Following the Right Process in 2020 | An important read for all business owners Part 2
PART 2An article written by Ben SchefeIn late 2019, the Fair Work Commission heard an Unfair Dismissal Application where a mine employee was terminated from her employment for two incidents of misconduct. The first incident occurred out of work when
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The Two Prominent Planning Law Issues that Emerged out of 2019
An article written by Ian NeilMDL/WSL has a vastly experienced team focused on Planning and Environment Court and Land Court issues, led by Ian Neil, Director.Two prominent planning law issues emerged in 2019 and will attract much attention for the f
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Federal Government Guarantees First Home Buyer Deposits – a much needed foot in the door or too good to be true?
An article written by John WarlowA new Federal Government scheme should make it easier for some first home buyers to secure a home loan with no lender’s mortgage insurance (LMI) and only a 5% deposit. But unfortunately the scheme is fairly limited.Se
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Council's attempt to ban Apartments in Brisbane’s Suburbs
As reported in the industry publication Urban Developer (see the link: TheUrbanDeveloper.com no-reply@theurbandeveloper.com ) Friday 22 November, BCC has decided to seek a Temporary Local Planning Instrument restricting town-house and multi unit deve
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Compensation on Resumption of Real Estate in Qld
South-east Queensland is again experiencing an infrastructure boom (believe it or not) with the State Government and most Councils playing catch-up from a lengthy period of under-investment in infrastructure. Major projects include the recent project
Read moreNew Property Occupations Act means less red tape for agents and consumers
Real estate and property reforms passed by the Queensland parliament last month will mean less red tape around property transactions. The Property Agents and Motor Dealers Act (PAMDA) has been…
Read moreReforms to Sustainable Planning Act will save time and money
New planning reforms that will replace the Sustainable Planning Act 2009 are expected to save Councils and developers time and money. Two new Bills are being drafted by the Queensland Government -…
Read moreProperty developers under scrutiny
The Australian Tax Office (ATO) will be paying closer attention to property developers, especially those using trusts for the purpose of not declaring income. ATO Deputy Commissioner Tim Dyce said in…
Read moreA strong spring expected for the Queensland property market
Increased buyer confidence may contribute to growth in the Queensland residential property market in the next quarter, according to the Real Estate Institute of Queensland (REIQ). REIQ Acting CEO…
Read moreIncrease in property sales in Greater Brisbane and Redlands
There is growing confidence in the Queensland property market, according to the Real Estate Institute of Queensland (REIQ). REIQ's 2014 Queensland Market Monitor (QMM) which was released in June 2014…
Read moreProperty prices growing in South East Queensland
Property in south-east Queensland is recording the strongest sales growth in the state, according to recent figures released by the Real Estate Institute of Queensland (REIQ) on September 13. These…
Read moreMore homes coming to Queensland
Queensland is demonstrating strong growth in residential housing construction, with the state one of the strongest performers in the Australian Bureau of Statistics' latest figures on building…
Read moreProperty sales hit 10 year high
Property sales in Queensland are reaching new heights, with the state recording its best results in 10 years, according to figures from the Real Estate Institute of Queensland (REIQ). The…
Read more2014 a strong year for housing growth
Housing in Australia has remained strong in 2014, with Queensland leading the way in new property construction according to recent statistics from the Housing Institute of Australia (HIA). The…
Read moreMulti-unit sales record strong growth
Recent data from the Housing Institute of Australia (HIA) suggests that apartment and multi-unit dwelling construction is growing strongly, outstripping sales of detached homes. The figures reveal an…
Read moreLand sales point to strong growth in home construction
Recent figures from RP Data and the Housing Industry Association (HIA) have recorded strong growth in the number of plots of land being sold in Australia, with Queensland one of the fastest-growing…
Read moreDemand for apartments increases in Brisbane
Demand for apartments in Brisbane remains strong, according to figures from Place Advisory on the city's property market. The most recent information, recorded over the June quarter of this year,…
Read moreHousing construction in Queensland continues to trend upwards
Recent data from the Australian Bureau of Statistics (ABS) has found that the number of dwellings being constructed in Australia has continued to trend upwards, while Queensland has recorded another…
Read moreProperty sales grow across south east Queensland
Brisbane isn't the only property market that has been performing well in recent months, with house sales picking up across the south east, according to the Real Estate Institute of Queensland. The…
Read moreDetached home sales rise across Queensland
Homes in Queensland are continuing to sell in high numbers, with the state leading for sales of detached homes - freestanding houses that occupy a single plot of land - in the latest figures from the…
Read more3 legal considerations when moving into a new commercial property
Businesses that are looking to move into new premises will face a number of legal processes before their staff can start occupying their new work stations. For a growing business, there will often be…
Read moreEmpty Brisbane land in high demand over coming years
The recent upswing in property sales across the country, and Queensland in particular, is expected to continue for a number of years, according to recent figures from BIS Shrapnel. According to the…
Read moreQueensland sees a change in housing direction
Recent developments in Queensland point to a shift in the housing industry, with high growth levels in detached housing (freestanding homes on a single plot of land) eclipsing the surge in multi-unit…
Read moreProperty Council of Australia welcomes QLD planning reform
A bipartisan approach to planning reform in Queensland is crucial for progress, according to a leading industry organisation. The Property Council of Australia said it is pleased the two largest…
Read moreQLD government announces new Planning Act proposals
The Queensland government has invited communities and industry to get involved in discussing key planning reforms set to be introduced in the state. Deputy Prime Minister and Minister for…
Read moreWhy is Queensland a great place to invest in property?
New data released by the Australian Bureau of Statistics (ABS) shows that Queensland is still one of the top states for property investment. The released figures reflect the strength of Queensland's…
Read moreQueensland commercial property market shows buoyancy
According to new research, Queensland's commercial property market is now comparable to that of New South Wales and Victoria. National Australia Bank (NAB) revealed a number of positive signs in its…
Read moreWhat legal protection do tenants have under a retail lease?
Many businesses rent commercial space in order to conduct their business from a physical location. Often this takes the form of an agreement between the landlord (i.e. a commercial lease). However,…
Read moreBrisbane house prices hit record high
There has been no let-up in property price rises across Brisbane over recent months, as the city's median value has reached a record high of $610,000. Data from the Real Estate Institute of…
Read moreQueensland property market proves popular with investors
People are flocking to the state's property market due to impressive rental yields and economic growth, according to Queensland Treasurer Curtis Pitt. Mr Pitt highlighted recent Australian Bureau of…
Read moreHow to renegotiate the terms of your tenancy
Optional extras to include in your lease If you've been lucky (or skilled?) enough to negotiate an option for a further tenancy into your commercial lease, then you might be forgiven for thinking…
Read moreHow to deal with cash bonds and commercial leases
Pointers for achieving the best result for your business When approaching commercial property transactions involving a lease agreement, care must be taken in relation to the lease terms that concern…
Read moreRenewing your commercial tenancy
Why you should only exercise once every three years Commercial leases can appear relatively simple but are actually one of the most complex areas of law that business people regularly encounter. If…
Read moreExcuse me while I adjust my… Land Tax?
When purchasing property, there are a number of potential taxes, fees and charges which must be accounted for before you hand over your “hard-earned”. Land Tax is one of the more perplexing…
Read moreWhat you need to know about breaches of leasehold covenants
Tips for landlords – and tenants! A tenant who is in breach of a commercial lease can be in a world of hurt. That’s particularly the case if their business relies heavily on its location to trade…
Read moreThe nuts & bolts of operating a Project Bank Account
7 answers to your FAQs about PBAs From 1 March 2018, the head contractor on a construction project has the responsibility of managing the funds held in a Project Bank Account.That means the head contractor must comply with the strict requirements of
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