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SMSF Binding Death Benefit Nominations

Many will be familiar with binding death benefit nominations for their superannuation funds. These nominations direct the trustee of the fund to pay the benefit upon a member’s death in a particular way (generally to “dependants” in particular proportions, or to the legal personal representative (executor of the will or trustee of the estate) of […]

Family Provision vs Gift and Loan Back Strategy

The Supreme Court of Queensland has twice recently considered the implications of the “gift and loan back strategy” which is a common device whereby a person makes a gift of a substantial amount of money to a trust, which gift is made through a loan from the trust, and secured against the assets of the […]

Do you need a lawyer to prepare your will?

The short answer is no, a person can prepare their own Will, but it is not always a good thing to try to do it yourself.  There are many things which can go wrong if the Will is not properly drawn up, for example, by not satisfying the formal requirements for Wills or leaving partial […]

Copyright – using the plans of another builder

Often people will see a builder or architect, go through various revisions of plans, then end up with another builder or architect. This can result in claims for compensation for breach of copyright. The Queensland District Court recently considered those matters in claims against a builder and home owner. Worth a read if you are […]