Business Law

Businesses across the Gold Coast operate in a complex legal environment shaped by Queensland legislation, national regulations and evolving commercial practices. Whether you are starting a new venture, entering into contracts or managing disputes, legal support is often essential. Two terms frequently encountered are ‘commercial lawyer’ and ‘business lawyer’. While they are often used interchangeably, they do not always refer to exactly the same role. Understanding the distinction can help you engage the right legal support for your specific needs and stage of growth. Are commercial lawyers and business lawyers the same? The terms ‘commercial lawyer’ and ‘business lawyer’ are commonly used to describe lawyers who advise businesses. While, in practice, there is significant overlap between the two, there is a general distinction. ● A commercial lawyer is likely to act in commercial dealings, including business operations, contracts and sales transactions ● A business lawyer will potentially have a broader scope, covering entity formation, corporate structure, employment issues and internal disputes This distinction is not strict, and many firms, including QBM Lawyers, provide both commercial and business law services across the full lifecycle of a business. Their lawyers are comfortable being referred to as either commercial or business lawyers, as both reflect the nature of the work they undertake. What does a commercial lawyer do? Contracts and transactions Commercial lawyers are heavily involved in drafting, reviewing and negotiating contracts. This includes supply agreements, service contracts, sale agreements and commercial leases. Businesses should also ensure that any standard form contracts are reviewed in light of the strengthened unfair contract terms regime under the Australian Consumer Law, which has been in force since November 2023 and is an ACCC enforcement priority for 2026–27. Queensland businesses must comply with various laws depending on their activities, including the Competition and Consumer Act 2010, which incorporates the Australian Consumer Law and state-based legislation relevant to their sector. Businesses should also be aware that penalties for breaches of the Competition and Consumer Act and the Australian Consumer Law were significantly increased in 2026, with the maximum penalty for most anti-competitive conduct and consumer law breaches rising to $100 million. A commercial lawyer helps ensure contracts are enforceable, compliant and aligned with your commercial objectives. Day-to-day business operations Commercial lawyers assist businesses in managing ongoing operations. This can include advising on trading terms, risk allocation and compliance with industry regulations. Queensland businesses must comply with various laws depending on their activities, including the Competition and Consumer Act 2010 and state-based legislation relevant to their sector. Sales and acquisitions Buying or selling a business involves complex legal documentation, due diligence and risk assessment. Commercial lawyers guide clients through these transactions, identifying potential liabilities and structuring agreements to manage risk. QBM Lawyers assist with business acquisitions and sales, ensuring transactions are conducted efficiently while addressing legal and commercial considerations. What does a business lawyer do? Business structure and setup Business lawyers are often engaged at the early stages of a business. They assist with selecting and establishing the appropriate legal structure, such as a sole trader, partnership, company or trust. The choice of structure has implications for tax, liability and governance. In Australia, companies are regulated under the Corporations Act 2001, which governs company registration, director duties and corporate conduct. QBM Lawyers work with clients and their accountants to establish structures that support asset protection and flexibility for future dealings. Corporate governance and internal matters Business lawyers advise on internal operations, including shareholder agreements, partnership arrangements and governance frameworks. They help manage relationships between owners, directors and stakeholders. They also assist with resolving internal disputes, which may arise between shareholders or partners. These disputes can involve complex legal and commercial issues and may require negotiation or litigation. Where disputes escalate, a civil litigation lawyer can assist with formal legal proceedings to protect your interests. Employment and compliance Employment law is another key area for business lawyers on the Gold Coast. Queensland businesses must comply with the Fair Work Act 2009 and related regulations governing employment conditions, termination and workplace rights. Recent amendments include the right to disconnect, which now applies to all national system employees – including those of small businesses from 26 August 2025 – giving employees the right to refuse unreasonable contact outside of working hours.” Business lawyers provide advice on employment contracts, workplace policies and dispute resolution to help reduce the risk of claims. Where the roles overlap In reality, the roles of commercial lawyers and business lawyers often overlap significantly. Many legal matters involve both operational and structural considerations. For example: ● A business sale involves both transactional work and structural considerations ● A shareholder dispute may involve contract interpretation and broader governance issues● Regulatory compliance can affect both daily operations and long-term businessstrategy QBM Lawyers bring experience in both transactional and litigation matters, allowing them to identify risks early and provide practical strategies to manage them. Why the distinction matters for Gold Coast businesses On the Gold Coast, businesses regularly deal with contracts, property transactions and regulatory requirements that can create legal exposure if not managed properly. Legal issues can arise when entering contracts, restructuring or resolving disputes. With South East Queensland’s profile continuing to grow in the lead-up to the Brisbane 2032 Olympics, commercial activity – including construction contracts, business acquisitions and infrastructure dealings – is expected to increase across the region. Understanding whether your needs are operational or structural can help determine the type of legal support required. However, many businesses benefit from engaging a Gold Coast business lawyer who can advise across both areas. QBM Lawyers provide comprehensive support, from business structuring and compliance through to transactions and dispute resolution. Their experience across commercial law, litigation and regulatory compliance allows them to provide advice aligned with broader business objectives. Legal risk and compliance in Queensland Queensland businesses must comply with a range of laws that affect both commercial and business legal matters. These include: ● Contract and consumer law under the Australian Consumer Law ● Corporate regulation under the Corporations

The Gold Coast property market remains one of the most active in Queensland. Populationgrowth, interstate migration and ongoing development continue to drive demand forresidential and commercial property across the region. Property transactions often involvesignificant financial commitments, detailed contracts and specific legal obligations underQueensland law, which is why many people seek advice from a Gold Coast property lawyeror other experienced property lawyers before proceeding. Buying, selling or developing property can appear straightforward at first glance. Issuessometimes arise during contract negotiations, settlement or after ownership begins.Understanding when legal advice may be helpful can assist property owners, buyers andbusinesses in managing risk and addressing potential disputes with the assistance ofproperty lawyers on the Gold Coast. Queensland legislation, including the Property Law Act 2023 (Qld), plays an important role inhow property transactions and disputes are handled. Legal guidance from a Gold Coastproperty lawyer may help clarify obligations, review documentation and assist with resolvingissues when they arise. Situations where a property lawyer may be needed Property law in Queensland covers a wide range of situations, from residential conveyancingthrough to commercial disputes and development matters. Some issues are relativelysimple, while others involve complex contractual or financial arrangements that may requireadvice from property lawyers or a conveyancing lawyer. Legal advice may be sought in several common situations involving property on the GoldCoast. Buying or selling property on the Gold Coast Residential and commercial property contracts in Queensland generally become legallybinding once both parties have signed the contract, although conditions such as financeapproval, building inspections and statutory cooling-off periods may still apply. Many buyersengage a conveyancing lawyer or conveyancing solicitors on the Gold Coast to help managethis stage of the transaction. Standard contracts commonly used in Queensland, including those produced by the RealEstate Institute of Queensland (REIQ), contain detailed clauses relating to finance approval,settlement timeframes, deposits and disclosure obligations. These matters are oftenreviewed during property conveyancing by experienced property lawyers on the Gold Coastbefore signing. Legal advice may assist with reviewing contract terms before signing and explaining anyspecial conditions that could affect the transaction. Common issues that may require legal guidance include: Reviewing a contract before signing can help clarify obligations and reduce the likelihood ofdisputes later in the process. Property disputes between neighbours or owners Several laws influence property matters in Queensland, including the Property Law Act2023, the Land Title Act 1994 (Qld) and the Neighbourhood Disputes (Dividing Fences andTrees) Act 2011. Disagreements sometimes arise between neighbouring property owners regardingboundaries, fencing, trees or access rights. Queensland legislation provides legalframeworks for resolving many of these issues. For example, the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) dealswith matters such as dividing fences and tree disputes between neighbours.Common disputes include: While some disputes can be dealt with in the absence of litigation lawyers through theQueensland Civil and Administrative Tribunal, many – such as easement conflicts or accessand support issues under the Property Law Act 2023 (QLD) – are best dealt with by involvinga civil litigation lawyer or experienced property lawyer. Property development and construction projects Property development continues to shape many parts of the Gold Coast, with residentialtowers, townhouse projects and mixed-use developments appearing across the region.Developers may also seek advice from a commercial lawyer that Gold Coast businesses relyon when structuring development agreements. Development projects often involve multiple legal considerations, including land acquisition,planning approvals, financing arrangements and construction contracts. Legal assistance may be relevant for: These matters may involve both property lawyers and commercial lawyers on the GoldCoast whom developers engage to manage legal risk. When property disputes escalate Some property issues cannot be resolved informally. Legal proceedings may becomenecessary when negotiations break down or contractual obligations are not met. In thesesituations, assistance from a civil litigation lawyer or civil litigation attorneys may be required. Depending on the type and value of the claim, property disputes in Queensland may be dealtwith in several forums, including: Each forum has different jurisdictional limits and procedures. Legal advice may helpdetermine which forum is appropriate for a particular dispute and how the matter should beapproached. Why property law in Queensland can be complex Queensland property law has undergone significant reform in recent years. The PropertyLaw Act 2023 (Qld) introduced updates to Queensland’s legal framework governing propertytransactions and ownership, replacing the long-standing Property Law Act 1974 (Qld).The reforms modernised several aspects of property law, including provisions relating toelectronic conveyancing and contract disclosure requirements. Property matters may also intersect with other areas of law, including: These matters sometimes require collaboration between property lawyers, commerciallawyers on the Gold Coast, and other professionals such as business lawyers or insolvencylawyer specialists. When early legal advice may help Property matters often become more complicated once disputes escalate. Seeking legaladvice early may help clarify documentation, explain legal obligations and identify potentialrisks before problems develop further. Situations where early advice may be useful include: Understanding the available options can help property owners and investors approachcomplex situations with a clearer understanding of their legal position When legal guidance may help with property matters on theGold Coast Property transactions and disputes on the Gold Coast often involve substantial financialcommitments and detailed legal documentation. Queensland legislation, including theProperty Law Act 2023 (Qld), influences how contracts, ownership rights and disputes aremanaged. Issues such as contract interpretation, development agreements and neighbour disputes canraise complex legal questions. Seeking advice from a Gold Coast property lawyer or otherexperienced property lawyers on the Gold Coast at the right stage may help clarifyobligations and identify practical ways to resolve disputes or manage risk. If you are dealing with a property matter on the Gold Coast, QBM Lawyers can reviewcontracts, explain your legal position under Queensland Property Law, and assistwith negotiation, tribunal proceedings or court action where required. Contact ourteam to arrange a confidential discussion about your matter. Frequently Asked Questions Do I need a property lawyer to buy property on the Gold Coast? Queensland law does not require buyers to engage a lawyer for every property purchase, although many buyers choose to obtain legal advice from property lawyers on the Gold Coast whom many buyers trust

Most people assume that a Will is final. Write it clearly, sign it properly and your wishes will be carried out. Add a formal statement explaining your reasons – a statutory declaration – and surely that settles it even further. But a recent Queensland court decision shows why that assumption can be wrong. The Madjeric case In Madjeric v Madjeric [2025] QDC 126, the District Court of Queensland was asked to consider the estate of Bernadina Simona Cia, who died aged 96, leaving an estate worth approximately $870,000. Her Will left everything of substance to her elder son, Lou. Her younger son, Eric, received nothing. This wasn’t an oversight. Bernadina had signed a statutory declaration (a formal, witnessed legal statement) explaining her decision. She stated that Eric had already received his share, pointing to approximately $405,000 in financial support she had provided him over the years, including a $300,000 payment that had originally been made when his business collapsed. In her view, the ledger was settled. The court, however, disagreed. What the court actually looked at Under Queensland’s Succession Act 1981, eligible people, including adult children, can apply for what is known as a family provision order if a Court determines that the Will fails to make adequate provision for their proper maintenance and support. The existence of a statutory declaration does not shut the door on such a claim. It is evidence, but it is not conclusive. In this case, the Court looked beyond the Will and the statutory declaration to assess the full circumstances. The court considered several factors. Eric was 69 years old, retired due to chronic injuries sustained during military service and was reliant on his wife as a full-time carer. While not destitute, his financial position had little room for the unexpected costs that come with age and illness. Lou, by contrast, had combined assets of nearly $2.9 million across Australia and the United Kingdom. Other factors that the court considered included: The Court ultimately found that, despite the lifetime gifts, Eric had not been adequately provided for and should receive $250,000 from the estate. What this means if you are planning your estate For anyone doing estate planning on the Gold Coast, there are a few things worth understanding clearly. 1. Lifetime gifts might reduce the strength of a claim, but they do not eliminate it A common assumption in estate planning is that significant financial support provided during a person’s lifetime will reduce or even eliminate the risk of a future claim. This case highlights that while lifetime gifts are relevant, they are not determinative. Courts in Queensland take a holistic approach. They consider: In other words, a large gift made years earlier does not automatically outweigh present-day need. For families across the Gold Coast, where intergenerational wealth transfers often include property, business interests or financial assistance, this is an important distinction. 2. The reasons you give for a disinheritance will be scrutinised Another key takeaway from this case is that the reasons given for disinheritance – even when formally documented in a statutory declaration – are not guaranteed to be decisive. While these documents can carry weight, they are not a shield. Courts will look beyond the statement itself and closely scrutinise the surrounding circumstances, including: If the Court is not satisfied that the reasoning holds up, it may give the declaration less weight. This reinforces the importance of careful, considered estate planning, not just documenting your decisions, but ensuring they are well-informed, balanced and legally robust – something experienced estate lawyers or a wills and estates lawyer can assist with. What this means if you think you have been unfairly left out If you are an adult child who has been excluded from a parent’s Will, or has received far less than a sibling with significantly greater means, you may have grounds to bring a family provision application in Queensland. The fact that you received gifts or financial support during your parents’ lifetime does not automatically defeat your claim, particularly if your current financial position is genuinely limited. However, time limits apply. Under Queensland’s Succession Act 1981, there are two deadlines to be aware of. You must give the executor written notice of your intention to make a claim within six months of the date of death, and then file your application in court within nine months of the date of death. Both deadlines are strict. Speaking to a wills and estates lawyer early is essential, as delay can cost you your right to claim entirely. dates, which may affect financing and planning without changing the underlying agreement, often leading buyers to seek advice from a Gold Coast lawyer or Gold Coast solicitor. If courts can override a Will, why have one? It’s a fair question, and one we hear often. The reality is that your Will remains the starting point in any estate matter. It is the primary expression of your intentions and will be followed unless successfully challenged. In cases like this, the Court does not disregard the Will entirely. Instead, it adjusts the distribution only where it finds that adequate provision has not been made. Without a valid Will, the situation becomes far more uncertain. Your estate may be distributed according to intestacy laws, which may not reflect your wishes at all. Contact a Wills and estates lawyer on the Gold Coast This case is a reminder that estate disputes are rarely straightforward. They are not simply about what is written in a Will, but about fairness, need and the reality of family relationships. For many individuals and families on the Gold Coast – particularly those with property portfolios, business interests or blended family structures – the stakes can be significant. Engaging a Gold Coast solicitor ensures your estate plan is not only clear but also resilient. Whether you are reviewing your estate plan or believe you have been inadequately provided for, contact the team at QBM Lawyers to speak with an experienced Gold Coast solicitor. Early

A dispute between a developer and builder on a near-complete Mermaid Beach tower has highlighted potential risks for off-the-plan buyers, with the builder’s contract terminated and the matter now before the Supreme Court of Queensland. The dispute centres on alleged delays and issues with subcontractor payments. Situations like this can interrupt construction and extend the timeframe for completion, particularly where a new builder needs to be appointed or legal issues remain unresolved. The key issue for buyers is not just delay, but how these changes interact with the terms of their contract. In most cases, the contract itself continues despite what is happening on site. This makes it essential to understand how off-the-plan agreements are structured and what rights are actually available when a project runs into difficulty, often with guidance from a Gold Coast property lawyer. How disputes between developers and builders affect buyers An off-the-plan buyer is usually contracting with the developer, not the builder. That structure determines how risk is allocated, because issues between the developer and builder are managed within the project without automatically changing the buyer’s agreement. As a result, any disruption to construction is dealt with under the existing agreement, rather than creating a new right or outcome for the buyer, which is why many buyers seek advice from property lawyers or a commercial lawyer on the Gold Coast when disputes arise. Where a builder is terminated, the developer may: This allows the project to continue, but often with a revised timeline, which brings the focus back to how the contract deals with delay and risk allocation, an area frequently handled by commercial lawyers and lawyers for litigation. Does the dispute affect your contract? Off-the-plan contracts in Queensland are drafted to account for delays and construction risks. Most include clauses dealing with: These provisions are enforceable under Division 4 of Queensland’s Land Sales Act, which governs many aspects of property transactions in the state. For unit sales, sunset dates are regulated by Division 4 of the Body Corporate and Community Management Act. Because these mechanisms are built into the contract, changes on site do not usually alter the agreement itself. Instead, the outcome depends on whether a specific clause is triggered, such as a failure to complete by a required date, which may require advice from a civil litigation lawyer. This is why attention often turns to financial exposure, particularly the treatment of the deposit. Is your deposit safe? Deposits for off-the-plan purchases are usually held in a trust account, often by a solicitor or real estate agent. This structure provides a level of protection: This means the deposit is generally protected while the project continues, regardless of construction issues. However, deposit protection does not determine whether a buyer can exit the contract, which depends on separate contractual rights and may involve advice from a conveyancing lawyer or conveyancing solicitors on the Gold Coast. Can you get out of the contract? Termination rights are usually limited and depend on the contract terms. Common triggers include: Changes to sunset clause laws in Queensland mean developers cannot simply terminate a contract to resell at a higher price. Amendments require either buyer consent or court approval in many cases. Outside of these triggers, the agreement will generally continue, even where the construction program changes. This places greater importance on how sunset clauses operate in practice, often requiring guidance from a property litigation lawyer. What happens to your sunset clause if construction stalls? The sunset clause sets the deadline for completion of the development. If that date is reached before the project is finished, termination rights may arise. When construction stalls due to disputes: Courts in Queensland may consider whether extensions have been applied correctly and whether delays fall within the scope of the contract. In practical terms, this means a project can be delayed without immediately triggering a right to exit, even where progress has slowed significantly. Construction may pause while disputes are resolved, and further time may be required if a new builder is engaged. This can shift completion and settlement dates, which may affect financing and planning without changing the underlying agreement, often leading buyers to seek advice from a Gold Coast lawyer or Gold Coast solicitor. What the Mermaid Beach dispute highlights The current dispute also reflects broader pressures within the construction sector, including: Late-stage disputes are particularly disruptive because they arise close to completion, when buyers are expecting settlement to proceed. This highlights the importance of understanding how contractual risk is structured before entering into an agreement. What buyers should consider before signing Off-the-plan contracts are complex and often favour the developer. Understanding key terms before signing is essential. Important areas to review include: Careful review of these provisions can help identify how delays, changes and disputes will be managed under the contract, rather than leaving those outcomes uncertain, particularly when working with a Gold Coast business lawyer. How to protect your position before you sign Disputes between developers and builders can interrupt construction and extend project timelines, but they do not usually alter the contract itself. Buyers remain bound by the agreement unless a specific contractual right is triggered. The Mermaid Beach dispute illustrates how these situations can arise even in advanced stages of a project. Understanding how contract terms operate in practice allows buyers to assess risk more clearly before committing to an off-the-plan purchase. Understanding the fine print in an off-the-plan contract can make a significant difference to the outcome of a property purchase. If you are considering buying property on the Gold Coast and want advice about contract risks, sunset clauses or your rights during construction disputes, contact QBM Lawyers to discuss your situation and understand your legal options before signing. Frequently Asked Questions Does a builder dispute cancel my off-the-plan contract? No. The contract is with the developer, so it generally remains valid unless a contractual termination right is triggered. If you are unsure, a property litigation lawyer can review your contract and explain your position. Is