Business Law

Short-term rental restrictions are tightening across Australia as governments grapple with housing affordability, rental shortages and community complaints linked to Airbnb-style accommodation. Sydney is now investigating further restrictions on non-primary residence short-term rentals, while Byron Bay and Melbourne have already introduced caps, levies or permit systems. While the Gold Coast remains one of the more flexible short-term rental markets in Australia, planning rules, body corporate by-laws, insurance requirements and local council approvals can all become relevant depending on how the property is used. Property owners dealing with those issues often seek advice from property lawyers on the Gold Coast familiar with Queensland planning and development laws. Queensland laws treat short-term accommodation differently from ordinary residential use, and the rules can vary depending on where the property is located, how often it is rented and whether the owner lives onsite. Why are councils cracking down on Airbnb properties? Short-term accommodation has become a major political and planning issue in many tourist areas. Critics argue that converting residential homes into holiday accommodation reduces long-term rental supply and contributes to higher rents. The City of Sydney is currently considering stricter controls on Airbnb-style accommodation in some areas, following earlier restrictions introduced in New South Wales, including a 180-day cap on non-hosted short-term rentals in Greater Sydney. Other councils and state governments have introduced levies, permit systems or restrictions in response to rental shortages. That broader shift towards tighter regulation is also shaping discussions in Queensland, particularly in tourism-heavy regions such as the Gold Coast, where housing supply pressures and tourism demand continue to create tension. Gold Coast property owners are already operating in a market under increasing scrutiny. According to 2023 data reported by the ABC, there were more than 11,000 registered Airbnb properties on the Gold Coast – a figure that has since fallen to around 6,100 active listings as some owners moved properties back into the long-term rental market as bookings softened and interest rates rose. What counts as short-term accommodation in Queensland? Understanding how Queensland law defines short-term accommodation is important because different rules apply depending on how the property is being used. Under the Planning Regulation 2017 (Qld), short-term accommodation generally means providing accommodation for less than three consecutive months to tourists or travellers. The Gold Coast City Council treats short-term accommodation as a tourism and entertainment activity rather than a residential activity. That distinction is important because different planning rules apply depending on how the property is being used. Queensland law also distinguishes between: Those categories can affect everything from development approval requirements through to enforcement action and neighbour complaints. Renting out a spare room while living onsite may fall within home-based business rules. Renting out an entire property to guests on a recurring basis is more likely to be treated as short-term accommodation requiring approval. Owners uncertain about approval requirements sometimes seek guidance from a commercial lawyer on the Gold Coast experienced in planning and property matters. Do Gold Coast Airbnb properties need council approval? The answer often depends on zoning, intensity of use and whether the property is hosted or unhosted. The Gold Coast City Plan states that short-term accommodation is code assessable in certain zones, including parts of: Outside those areas, the use may become impact assessable, which means the proposal can require public notification and allow neighbours to lodge submissions. Council scrutiny can also increase where a property begins operating more like commercial visitor accommodation than a traditional residence. In those situations, council approval may also be required where: Gold Coast City Council also warns that using a dwelling for short-term accommodation without the necessary development approval may amount to a development offence. In some cases, disputes about approvals or property use may require assistance from a property litigation lawyer. Hosted vs unhosted stays One of the biggest distinctions under Queensland planning rules is whether the property is hosted or unhosted. Hosted stays generally involve the owner remaining onsite while guests occupy part of the property. Some Gold Coast planning guidance suggests owner-occupied properties hosting four or fewer guests may fall within home-based business provisions rather than requiring formal short-term accommodation approval. Unhosted stays, where guests occupy the entire property while the owner is absent, are more likely to trigger Material Change of Use approval requirements under the Gold Coast City Plan. In practice, councils often look beyond the listing itself and focus on how the accommodation affects surrounding residents and the neighbourhood. Issues such as frequent guest turnover, noise complaints, parking pressure and high-intensity operation can all increase enforcement risk. Can a body corporate ban Airbnb on the Gold Coast? Apartment owners should not assume council approval is the only issue. Body corporate by-laws, management agreements and Community Management Statements can all affect whether short-term accommodation is practical or lawful within a building. This is particularly relevant on the Gold Coast, where many short-term rentals operate within apartment complexes and mixed-use developments. Queensland law has historically been more favourable to short-term letting than some other states. Section 180 of the Body Corporate and Community Management Act 1997 (Qld) limits the ability of body corporates to impose blanket bans on lawful residential use. However, body corporates may still regulate: As a result, even where short-term accommodation is technically permitted, disputes can still arise if guest behaviour regularly disrupts other residents or breaches building by-laws.Disputes often arise where short-term accommodation creates repeated disturbances or where the building was not originally approved for tourism-style use. What other legal requirements apply? Planning approval is only one part of the compliance picture for short-term rental operators on the Gold Coast. Operating a short-term rental property on the Gold Coast may also involve: Gold Coast local laws require rental accommodation operators to hold at least $10 million in public liability insurance. Queensland’s smoke alarm laws are also becoming stricter. All dwellings must have interconnected photoelectric smoke alarms installed by 1 January 2027.Failure to comply with those obligations can expose owners to both financial penalties and potential legal disputes

Starting a business on the Gold Coast is an exciting step, but many new business owners underestimate the legal complexities involved. That’s because establishing a business involves far more than registering a business name and obtaining an Australian Business Number (ABN). Queensland has its own regulatory environment that operates alongside federal law, meaning new businesses must navigate requirements at both levels. Depending on the nature of the business, this may include company registration requirements, employment and workplace laws, industry-specific licences and local Gold Coast City Council approvals. Working with experienced Gold Coast business lawyers from the outset can help you avoid costly mistakes and establish the right foundations for long-term success. Here are four areas business lawyers can assist you with when starting a new business. Choosing the right business structure One of the first decisions you’ll make when starting a business is choosing an appropriate business structure. The structure you select can affect everything from taxation and day-to-day management to personal liability and future growth opportunities. The most common business structures in Australia are: Each carries different legal, financial and tax implications, and what works for one business may not be suitable for another. Choosing the wrong structure can create unnecessary risks and costs that may be difficult to reverse later. For example, a sole trader structure is the simplest to set up, but it offers no legal separation between your personal and business assets. As a result, you may be personally liable for business debts and legal claims. A partnership shares that exposure across multiple individuals, while a trust structure introduces additional complexity around control and distributions. A company structure, on the other hand, provides limited liability protection but comes with greater regulatory obligations, including registration with the Australian Securities and Investments Commission (ASIC). Complying with Queensland licences, permits and local approvals Before you open for business, you need to be confident that your business satisfies all federal, state and local requirements. Depending on your industry, you may need to obtain licences or permits from the Gold Coast City Council. These can cover everything from signage and outdoor shade structures to building renovations and environmental considerations. At the state level, Queensland regulates a wide range of industries through licensing and registration requirements. Certain trades and professions, including construction, real estate and some health services, must obtain the appropriate licences or registrations under Queensland legislation before they can legally operate. The type of business may also require specific licences and permits. For example, food and hospitality businesses typically require food business licences and compliance with food safety regulations. If you’ve never operated a business on the Gold Coast, navigating all of these requirements can be overwhelming. That’s why commercial lawyers on the Gold Coast are so important when setting up a business. They will identify the licences and approvals your business needs and assist with all the relevant paperwork, saving you time and ensuring your business opens its doors fully compliant. Putting the right contracts and agreements in place Protecting your business means putting the right legal foundations in place from the outset. Contracts and agreements establish clear expectations between business partners, customers, suppliers and employees, reducing uncertainty and providing a mechanism for resolving disagreements if they arise. Before you begin trading, it is worth putting the following in place: Many lawyers in litigation will tell you that a significant proportion of the disputes they encounter could have been avoided with proper documentation from the outset. Once you start trading, your business will rely on a range of contracts to protect its interests and manage risk. These include: Poorly worded contracts – or no contracts at all – can put your business at serious risk legally, financially and reputationally. Having a business lawyer review or draft these documents can prevent disputes from escalating into costly legal action. Reviewing and negotiating commercial leases Securing premises is one of the first major commitments you’ll make – and one of the most legally significant. Commercial leases are long-term, binding agreements that may contain clauses restricting certain activities or providing greater protection to the landlord. If you are leasing retail premises on the Gold Coast, the Retail Shop Leases Act 1994 (Qld) provides important protections for tenants, including disclosure obligations on landlords and specific rules around rent reviews and lease renewals. Before entering into a lease, you should carefully review important terms such as: A Gold Coast commercial leasing lawyer can review the lease before you sign, identify unfavourable terms and negotiate on your behalf. Commercial lease solicitors can also help you understand your rights and obligations as a tenant under Queensland law. Why local experience matters Starting a business on the Gold Coast is a significant investment of your time and money. Getting the legal foundations right from the start – your structure, contracts and compliance – means you can focus on building your business rather than correcting preventable mistakes later. Working with local Gold Coast business lawyers provides the added benefit of Queensland-specific advice and an understanding of the Gold Coast business environment. If you have been searching for a lawyer for business near me, look no further than QBM Lawyers. Our experienced Gold Coast business lawyers advise new and established businesses on a wide range of commercial law matters, from business structures and contracts to leasing and compliance. For help starting a business, contact the team today. Frequently Asked Questions Aren’t business lawyers just for large corporations? Not at all. In fact, small businesses often have the most to gain from early legal advice. Without the resources to absorb costly disputes or regulatory penalties, getting things right from the start is even more important. How much will it cost to use a business lawyer when starting my company? Costs vary depending on the complexity of your business and the legal services required. Many Gold Coast business lawyers offer fixed-fee arrangements for common start-up services, such as company registration, business structure advice, shareholder agreements and commercial contracts. Can I change

Property ownership on the Gold Coast is one of the most significant financial commitments most people will ever make. Whether you are buying a family home in Broadbeach Waters, investing in a development site at Coomera, or managing a commercial portfolio in Southport, protecting your legal interest in that property is critical. A useful tool for doing so – particularly where there is a dispute – is a caveat. If your property rights are at risk, or if you have received notice that a caveat has been lodged against your title, acting quickly is essential. A Gold Coast caveat lawyer can help you understand your options, assert your rights and move through Queensland’s property law system without being caught off guard. What is a caveat and how does it work in Queensland? A caveat is a formal notice lodged with the Queensland Titles Registry that alerts third parties to a person’s claimed interest in a property. It is governed by the Land Title Act 1994 (Qld). Once lodged, it effectively “freezes” certain dealings with the land, such as a sale or further mortgage, until the caveat is resolved. Caveats are most commonly used to protect: Under Queensland law, you must have a genuine “caveatable interest” (a legally recognised claim to the land) before lodging a caveat. Lodging one without proper grounds can expose you to a compensation claim under section 130 of the Land Title Act 1994 (Qld). This is why obtaining proper legal advice before acting is so important. Why do you need a Gold Coast caveat lawyer? Caveat law crosses various aspects of property law, equity and civil procedure, and the consequences of getting it wrong can be severe. Here is how a Gold Coast caveat lawyer can help at each stage of the process. Understanding your caveatable interest Not every dispute about property gives rise to a caveatable interest. A skilled property litigation lawyer will assess whether your circumstances – a broken promise, a financial contribution, a constructive trust argument – meet the legal threshold required under Queensland law. Getting this wrong can be costly. Lodging a caveat correctly The Queensland Titles Registry has specific requirements for how a caveat must be drafted and lodged. An experienced Gold Coast solicitor will ensure the nature of your claimed interest is correctly described and that the caveat is lodged promptly, before any dealing that could defeat your claim is registered. Responding to a caveat on your title If they are not lodged with the consent of the owner (and even if they have that consent if they are lodged to secure a money obligation), most caveats will lapse after 3 months if court proceedings to establish the claim are not started and notice of them given to the Titles Office. If a caveat has been lodged against your property and you believe it is unjustified, you may be able to serve a lapsing notice under the Land Title Act 1994 (Qld). A lapsing notice requires the caveator to take action to maintain the caveat. In most cases, the caveator must apply to the Supreme Court of Queensland for an order establishing the claim in the caveat within 14 days. If they don’t, the caveat will generally lapse. Property lawyers on the Gold Coast who practise in property disputes can move quickly in these situations to either defend or remove a caveat, protecting your ability to sell, refinance or develop the property. Getting a court order Where the parties can’t resolve the dispute, the Supreme Court of Queensland has jurisdiction to make orders about caveats, either to extend them, remove them or determine the underlying property rights. Common situations where a caveat is used The Gold Coast’s dynamic property market generates a broad range of caveat disputes. Common scenarios include: Deceased estates: In some estate disputes, a party claiming a proprietary interest in estate property may be advised by an estate lawyer or property litigation lawyer to lodge a caveat while proceedings are underway. If you find yourself in a similar situation, QBM Lawyers’ wills and estates team can assist with estate-related caveats. Property development disputes: Builders, developers and landowners sometimes find themselves in a dispute over who holds what interest in land. Relationship breakdowns: Former partners who have contributed to the purchase or improvement of a property may lodge a caveat to protect their equitable interest while a family law or property settlement is resolved. Conveyancing transactions: In some transactions (especially where there is a long-term settlement), a conveyancing solicitor on the Gold Coast may advise lodging a caveat to protect a purchaser’s interest before settlement. Commercial property disputes: A commercial lawyer on the Gold Coast may advise caveating an interest in commercial land where a joint venture, option or other agreement is in dispute. Acting quickly is critical Timing is very important when it comes to caveats. If a conflicting interest is registered before your caveat is lodged, you may lose priority for your claimed interest. Equally, if a lapsing notice has been served on your caveat, strict time limits apply and urgent legal advice should be obtained immediately. If you are searching for property lawyers on the Gold Coast who understand the urgency, QBM Lawyers can move quickly when your property rights are on the line. A caveat can be a useful tool for protecting your interest in Queensland property, but only if it is used correctly and at the right time. Whether you need to lodge, defend or remove a caveat, obtaining advice from an experienced Gold Coast caveat lawyer is the first step you should take. If you are facing a property dispute or need assistance with property conveyancing matters that involve a caveat, contact QBM Lawyers today for a consultation. Frequently Asked Questions What is a caveatable interest under Queensland law? Under the Land Title Act 1994 (Qld), a caveatable interest is a legally recognised claim to a proprietary or equitable interest in land. Common examples include a purchaser under a contract of

Most people put off writing their will because it feels complicated and expensive. When the time comes, the temptation is to keep it simple – download a free template, ask an accountant, avoid the lawyer’s bill. While it is understandable to want to save money, a 2026 Queensland Supreme Court decision showed that this instinct can cost a family far more than the legal fees they were trying to avoid. The Di Trapani case In Di Trapani & another v Di Trapani & others [2026] QSC 20, the Supreme Court of Queensland was asked to make sense of a will prepared not by a lawyer, but by an accountant who had known the deceased and her late husband for many years. Elizabeth Anne Di Trapani died in November 2023. Her will had been executed in 2010 and drafted by an accountant who, in his own words, had been entrusted with the task partly because the Di Trapanis believed that engaging lawyers would be expensive and time – consuming. The irony of that reasoning was not lost on the Court, as by the time the matter came before Justice McCafferty, the proceedings involved the executors of the estate, four of Mrs Di Trapani’s children, two grandchildren, a family construction company and a corporate trustee – nine parties in total, represented by multiple law firms and counsel. What went wrong? The core problem was one that an experienced wills and estates lawyer would have identified immediately: Mrs Di Trapani’s will seemed to give away assets she did not legally own. The Di Trapani family had structured their financial affairs – which included property development and construction – through a discretionary family trust. The trustee of that trust was a company called Glutolo Pty Ltd. The properties in Kedron and Chermside that Mrs Di Trapani intended to leave to her children and grandchildren were owned by Glutolo as trustee, not by Mrs Di Trapani personally. A will generally can only dispose of assets that form part of the deceased’s estate. When the will used phrases like “I give all my estate and interest” in those properties, the intended gifts failed, because Mrs Di Trapani had no estate or interest in them to give. The Court therefore found that the gifts assigned in the will had no legal effect. There were further problems. A clause that attempted to prevent two corporate entities from making claims on intercompany loans was found to be unenforceable. A clause appointing the accountant himself as arbitrator in disputes between the trustees was ordered to be disregarded, in part because it effectively purported to restrict the Court’s supervisory role. And ambiguous drafting around two separate $400,000 gifts to one of the sons required detailed judicial analysis to resolve. Every one of these problems had the same root cause: the will was drafted by someone without legal training. Why Gold Coast families are particularly exposed According to the City of Gold Coast Council, about one in six Gold Coast residents is a retiree, many of whom hold assets through family trusts, companies or self-managed superannuation funds. These are precisely the asset structures that a standard will template, or a will drafted without specialist legal advice, is most likely to handle incorrectly. The Di Trapani family’s situation was not unusual, with its family trust, a small business and multiple investment properties. The problem was not the assets – it was the will that failed to account for them properly. Getting a will right starts with asking the right questions. Here are some of the questions that every Gold Coast resident with property, a business or a trust should be able to answer before they sign anything, and that any experienced Gold Coast solicitor or estate lawyer will work through with you: Do you actually own the assets you intend to leave, or are they held in a trust or company? Does your will account for superannuation, which does not automatically form part of your estate? Do you have a binding death benefit nomination in place, and is it current? Have you chosen the right executor for the complexity of your estate? Could your will be vulnerable to a family provision claim? What a properly structured Queensland will actually involve Under Queensland’s Succession Act 1981, a will must satisfy strict formal requirements to be valid. But formal validity is only the beginning. A will that is validly executed can still fail to achieve what the testator intended – as the Di Trapani case demonstrated – if the underlying drafting does not account for the legal realities of how the deceased’s assets are held. For Gold Coast residents with any complexity in their financial affairs, a properly structured estate plan typically involves: Notably, Queensland’s new Trusts Act 2025 commenced on 28 April 2026 and introduces mandatory statutory duties and rules that can override inconsistent provisions in existing trust deeds. Critically, the new Act applies retrospectively to all Queensland trusts, not just those created after commencement. If your estate plan involves a trust, your will and trust structures should now be reviewed together as amatter of priority. Cutting corners costs The Di Trapanis thought they were being practical. They chose an accountant over a lawyer to avoid the cost and perceived complexity of legal advice. Instead, their estate ended up before the Supreme Court, their intended gifts to their children and grandchildren failed, and the costs of the litigation fell to the estate they were trying to protect. This is not an unusual story. Estate lawyers and lawyers for litigation who work in Queensland’s succession law space see the consequences of poorly drafted wills regularly. The cost of getting a will right, with a Gold Coast lawyer who understands how your assets are structured, is a fraction of what it costs to litigate the consequences of getting it wrong. Whether you are creating a will for the first time or reviewing an existing one, contact the team at QBM Lawyers to speak with an