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
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The 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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