Navigating Family Law and the Immunisation of Children in Queensland

Disputes about the immunisation of children can become emotionally charged after separation. When parents share parental responsibility, medical decisions are classified as major long-term issues under the Family Law Act 1975. This means both parents must consult and make a genuine effort to agree before action is taken.

If agreement cannot be reached, the law provides a structured pathway to resolve the dispute, always guided by what is in the child’s best interests.

Legal Framework in Queensland

The immunisation of children is supported by national health policy and state legislation. Australia’s National Immunisation Program (NIP) provides free routine vaccines from birth to 4 years. In Queensland, childcare services operate under the Public Health Act 2005, which allows centres to request an Immunisation History Statement and, in some cases, refuse enrolment if requirements are not met.

Additionally, the “No Jab, No Pay” policy under the A New Tax System (Family Assistance) Act 1999 links family assistance payments to up-to-date vaccinations (unless a valid medical exemption applies).

What Happens If Parents Disagree?

When separated parents cannot agree on the immunisation of children, neither can act unilaterally if shared parental responsibility exists. The usual process involves:

1. Family Dispute Resolution (FDR): Mediation with an accredited practitioner.

2. Section 60I Certificate: Issued if mediation fails.

3. Court Application: The Federal Circuit and Family Court of Australia may make a specific issue order.

Australian courts generally rely on established medical evidence. Unless there is a documented medical contraindication, courts have consistently found that following the NIP aligns with a child’s best interests.

Medical Evidence and Exemptions

Vaccines approved in Australia are rigorously assessed by the Therapeutic Goods Administration (TGA). Medical exemptions may apply in rare cases, such as severe allergic reactions. Conscientious or religious objections are not recognised for federal benefit purposes.

Where a child has special vulnerabilities, such as premature birth or chronic illness, courts treat medical recommendations with particular weight.

Practical Steps for Parents

If conflict arises over the immunisation of children:

• Communicate calmly and focus on medical advice

• Obtain written guidance from a GP or specialist

• Attempt mediation early

• Seek legal advice before court proceedings

Early resolution reduces stress, cost, and long-term co-parenting conflict.

Frequently Asked Questions

1. Who decides about childhood vaccines after separation?

Parents with shared responsibility must agree or seek court orders.

2. Can one parent vaccinate without consent?

Not if shared parental responsibility applies.

3. Are vaccines mandatory in Australia?

They are required for certain government benefits and childcare access.

4. What is the NIP schedule?

It outlines vaccines from birth to 4 years.

5. What if mediation fails?

You may apply to the Family Court with a Section 60I certificate.

6. Does the court favour vaccination?

Generally, yes, unless strong medical evidence suggests risk.

7. Where are records stored?

On the Australian Immunisation Register (AIR).

8. Can older children consent for themselves?

Possibly, if deemed Gillick-competent.

9. Are medical exemptions allowed?

Yes, but only with certified medical evidence.

Contact Aylward Game Solicitors

Call: 1800 217 217
Email: mail@aylwardgame.com.au

Article Source: Family Law and the Immunisation of Children

Review My Will: Protecting Your Estate Plan in Queensland

Creating a Will is one of the most important legal steps you can take, but many people forget that estate planning is not a one-time task. If you haven’t taken time to Review My Will in recent years, your document may no longer reflect your current wishes, family circumstances, or financial position.

In Queensland, Wills are governed primarily by the Succession Act 1981. This legislation outlines how a Will must be executed, how it can be revoked, and who has rights to contest it. Even small life changes can have major legal consequences if your estate plan is outdated.

Why It’s Important to Review My Will

Life evolves, and your Will should evolve with it. A proper review ensures:

• Your executors are still appropriate and willing to act

• Your beneficiaries are correctly named

• Your assets are accurately described

• Your wishes align with current Queensland law

Failing to Review My Will after significant life changes can lead to disputes, delays, or unintended outcomes.

Key Life Events That Trigger a Review

Certain events require immediate attention:

Marriage: Under Queensland law, marriage may revoke a previous Will unless drafted in contemplation of marriage.

Divorce or Separation: Divorce affects gifts and executor appointments, but separation alone does not automatically remove an ex-partner.

Birth of Children or Grandchildren: New dependents should be considered to avoid future family provision claims.

Significant Asset Changes: Purchasing property, starting a business, or receiving an inheritance should prompt you to review your estate structure.

If any of these apply, it’s time to Review My Will with professional guidance.

Risks of DIY or Online Will Reviews

Online templates may appear convenient, but they often fail to meet strict legal requirements. Errors in wording, witnessing, or structure can render a Will invalid. Estate litigation in Queensland is increasingly common, and poorly drafted documents are a major cause.

Experienced solicitors ensure compliance with the Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998 where relevant, especially when reviewing Enduring Powers of Attorney alongside your Will.

Professional Guidance You Can Trust

At Aylward Game Solicitors, clients across Brisbane, Gold Coast, and Sunshine Coast receive tailored estate planning advice. Their team ensures every Review My Will consultation is comprehensive, legally compliant, and aligned with your long-term goals.

Estate planning is not just about assets, it’s about protecting family relationships and reducing future stress.

Frequently Asked Questions

1. How often should I review my Will?

Every 2-3 years, or after major life changes.

2. Does marriage cancel my Will in Queensland?

Yes, unless drafted in contemplation of marriage.

3. Does separation automatically remove my former partner?

No. Only divorce triggers automatic revocation of certain provisions.

4. Can I review my Will online?

You can, but legal review is strongly recommended.

5. Who can contest a Will in QLD?

Spouses, children, and dependents may apply under family provision laws.

6. Is superannuation covered by my Will?

Not automatically. A binding nomination is required.

7. Who can view a Will after death?

Entitled persons under Queensland law may request a copy.

8. What if my executor has died?

Your Will should be updated to appoint a substitute executor.

9. How long do I have to contest a Will?

Strict time limits apply, generally 6 months in Queensland.

Contact Aylward Game Solicitors

Call: 07 3236 0001
Email: mail@aylwardgame.com.au

Article Source: Review My Will In Queensland

Bought a House in Queensland? Here’s What You Must Do Next

If you’ve recently bought a house in Queensland, congratulations, but your legal responsibilities don’t end at signing the contract. Understanding your rights, risks, and next steps is essential to protect your investment.

Queensland property law is strict, and timelines matter. Missing a deadline could cost you financially.

When Does Risk Pass to You?

Many buyers are surprised to learn that after you’ve bought a House, the property is at your risk from 5:00 pm on the first business day after contract signing, not at settlement. This means you must arrange building insurance immediately.

Key Laws That Apply

Property purchases in Queensland are governed by legislation including:

• Property Law Act 1974 (Qld)

• Land Title Act 1994 (Qld)

• Duties Act 2001 (Qld)

• Property Law Act 2023 (Qld) (seller disclosure reforms)

These laws regulate contracts, title transfer, disclosure obligations, and stamp duty. 

Costs Beyond the Purchase Price

If you’ve bought a House, budget for:

• Transfer duty (stamp duty)

• Legal and conveyancing fees

• Building & pest inspection

• Title registration fees

• Mortgage registration costs

• Council and water rate adjustments

Most buyers should allow an additional 4-6% above the purchase price.

What Happens Before Settlement?

After you’ve bought a House, your solicitor will:

• Ensure finance approval is satisfied

• Conduct final property searches

• Arrange settlement via PEXA

• Coordinate with your lender

• Schedule your pre-settlement inspection

Always complete a final inspection 24-48 hours before settlement.

What If Problems Are Discovered?

If you’ve bought a House and later discover undisclosed issues, you may have legal remedies under Australian Consumer Law or property legislation. Prompt legal advice is critical.

Why Professional Legal Advice Matters

Queensland operates under “buyer beware” principles, but sellers must still comply with disclosure requirements. An experienced property lawyer ensures your rights are protected and deadlines are met.

At Aylward Game Solicitors, Accredited Specialist Mark Game provides strategic advice across Brisbane, Gold Coast, and Sunshine Coast transactions.

Frequently Asked Questions

1. When should I insure the property?

Immediately after contract signing.

2. Can I cancel after signing?

Only during cooling-off (if applicable) or under specific contract conditions.

3. Who pays stamp duty?

The buyer, under the Duties Act 2001 (Qld).

4. Is settlement always 30 days?

Commonly, but it depends on the contract.

5. What if my finance is declined?

You may terminate if within the finance condition timeframe.

6. Do I need a final inspection?

Yes, before settlement.

7. What if defects were hidden?

You may have legal claims for misleading conduct.

8. Is auction purchase different?

Yes, auctions are unconditional.

9. Are new laws changing disclosure?

Yes, mandatory seller disclosure reforms apply from 2025.

Contact Aylward Game Solicitors

Call: 07 3236 0001
Email: mail@aylwardgame.com.au

Article Source: Bought a House in Queensland

Property Contract in Queensland: What Every Buyer and Seller Should Know

Signing a Property Contract in Queensland is a serious legal step. Whether you are purchasing your first home in Brisbane, selling an investment property on the Gold Coast, or entering a commercial transaction on the Sunshine Coast, understanding the terms of your Property Contract can protect you from costly disputes and unexpected liabilities.

A Property Contract is a legally binding written agreement between a buyer and seller. Once signed by both parties, it sets out the agreed price, deposit amount, settlement date, and any special conditions. In Queensland, contracts for the sale of land must comply with the Property Law Act 1974 and title transfers are completed under the Land Title Act 1994.

Key Terms You Must Understand

Deposit and Finance Conditions

Most Property Contract agreements include a finance clause, usually allowing 14-21 days for loan approval. If finance is not approved and proper notice is not given, the buyer risks losing the deposit.

Building and Pest Conditions

This clause allows buyers to conduct inspections within a specified timeframe. If major defects are discovered, buyers may negotiate repairs or terminate the contract under the agreed terms.

Cooling-Off Period

Queensland residential buyers typically receive a five-business-day cooling-off period. If terminated during this time, the seller may retain 0.25% of the purchase price.

Settlement Date

Settlement is when ownership officially transfers. Missing deadlines can result in penalty interest or legal consequences.

Seller Disclosure Changes (From 1 August 2025)

Under reforms introduced by the Property Law Act 2023, sellers must provide mandatory disclosure documents before a Property Contract is signed. If disclosure is missing or inaccurate, buyers may have rights to terminate before settlement.

Why Legal Review Is Essential

A standard Property Contract may contain clauses that:

• Restrict your ability to exit

• Create financial penalties

• Expose you to hidden encumbrances

• Impose unexpected post-settlement obligations

At Aylward Game Solicitors, founding partner Mark Game is an Accredited Specialist in property and commercial law. With decades of experience, he advises buyers, sellers, developers, and investors across Queensland.

Obtaining independent legal advice before signing ensures your Property Contract aligns with your interests and complies with current legislation.

Frequently Asked Questions (FAQs)

1. What is a Property Contract?

A legally binding agreement outlining the terms of a property sale.

2. Who prepares the Property Contract?

Usually the seller’s solicitor or real estate agent.

3. Can I cancel a Property Contract?

Yes, during cooling-off or if conditions are not satisfied.

4. How long is settlement in Queensland?

Commonly 30 days, unless otherwise agreed.

5. Do buyers pay stamp duty?

Yes, under Queensland law, buyers are responsible.

6. What is seller disclosure?

Mandatory documents sellers must provide before signing.

7. What happens if finance is declined?

You may terminate if proper notice is given.

8. Should I get a contract review before signing?

Yes, independent legal advice is strongly recommended.

Contact Aylward Game Solicitors

Call: 07 3236 0001
Email: mail@aylwardgame.com.au

Article Source: Property Contract in Queensland