Deceased Estates in Queensland: A Complete Guide to Estate Administration and Legal Help

Dealing with a deceased estate in Queensland can feel overwhelming, especially during a difficult time. Understanding the steps involved can make the process smoother and ensure everything is handled legally and respectfully. At Aylward Game Solicitors, our Wills & Estates team supports families across Brisbane, Gold Coast, and Sunshine Coast with clear guidance and compassionate service.

What Is a Deceased Estate?

A deceased estate includes all assets and liabilities a person leaves behind—property, bank accounts, vehicles, shares, superannuation, and debts. Estate administration in Queensland is governed by the Succession Act 1981 (Qld). If a valid Will exists, the executor manages the estate. If not, a family member must apply for Letters of Administration.

Why Estate Administration Matters

Proper administration protects executors, ensures debts are paid, avoids family disputes, and guarantees that assets are distributed fairly and according to the law.

Key Steps in the Deceased Estate Process

1. Locate the Will and identify the executor.
2. Apply for Probate (if there’s a Will) or Letters of Administration (if there isn’t).
3. Identify and value all assets including bank accounts, property, and personal items.
4. Notify banks, insurers, ATO, Centrelink, and super funds.
5. Pay debts and liabilities such as funeral expenses, loans, and taxes.
6. Distribute assets to beneficiaries according to the Will or intestacy rules.

Common Challenges

Disputes over Wills, unclear instructions, complex assets, tax issues, or disagreements between executors are common. Our team—including Mark Game, Ian Field, and Kauri Burgess—helps resolve these efficiently and respectfully.

How We Help

Aylward Game Solicitors offers:

• Local Queensland succession law expertise
• Clear communication and transparent fees
• Guidance through probate, disputes, and full estate administration

Talk to Our Team

If you’re an executor or beneficiary needing help with a deceased estate, our experienced lawyers are ready to assist.

• Phone: 07 3236 0001
• Email: mail@aylwardgame.com.au
• Website: aylwardgame.com.au

Article Source: Aylward Game Solicitors – Estate Administration and Legal Help

🏢 Commercial Lease vs Retail Lease in Queensland: Key Differences Explained

 

When leasing business premises in Queensland, understanding whether you’re entering a Commercial Lease or a Retail Lease is crucial. Although the terms are often confused, they fall under different laws and come with distinct rights and responsibilities for both landlords and tenants.

🔹 What Is the Difference?

A Commercial Lease applies to non-retail premises such as offices, warehouses, or industrial sites and is governed by the Property Law Act 1974 (Qld). It offers greater flexibility, allowing both parties to negotiate rent reviews, outgoings, and other terms.

A Retail Lease, on the other hand, applies to businesses selling goods or services directly to the public — such as shops, salons, or cafés. These leases are covered by the Retail Shop Leases Act 1994 (Qld), which provides stronger protections for tenants, particularly small businesses.

🔹 Key Legal Differences

• Disclosure Requirements: Retail landlords must provide a Lessor Disclosure Statement before the lease is signed, outlining rent, outgoings, and key terms.
• Rent Reviews: Retail Leases limit rent reviews to once per year and prohibit ratchet clauses, while Commercial Leases allow more flexibility.
• Outgoings: Retail tenants cannot be charged for certain costs, like land tax, whereas commercial tenants may be liable.
• Legal Fees: Retail landlords cannot pass lease preparation costs to tenants, unlike in Commercial Leases.

🔹 Why It Matters

Understanding your lease type helps you avoid unexpected costs, unfair clauses, or compliance issues. Retail tenants benefit from additional statutory protections, while commercial tenants must carefully negotiate terms to ensure a fair and transparent agreement.

🔹 Expert Legal Support

Whether you’re a landlord or tenant, seeking legal advice before signing any lease is essential. Aylward Game Solicitors, with offices in Brisbane, Gold Coast, and Sunshine Coast, specialise in Commercial and Retail Lease law across Queensland. Their experienced team, led by Mark Game, can assist in reviewing, drafting, and negotiating leases to protect your business interests.

📞 Contact Aylward Game Solicitors today at 07 3236 0001 or visit Aylward Game Solicitors for expert guidance on leasing commercial property in Queensland.

Article source: Commercial Lease vs Retail Lease in Queensland

Your Property Settlement Made Easy with Conveyancing Gold Coast Experts

 

Buying or selling property is a major financial decision. On the Gold Coast, fast-moving markets, council overlays, and body corporate rules make conveyancing complex. A small mistake can cost thousands or delay settlement.

At Aylward Game Solicitors, we offer nearly 80 years of combined experience in property, commercial, and banking law. Led by Mark Game and supported by Josie Stokes, our team ensures smooth, lawyer-led settlements.

What Is Conveyancing?

Conveyancing is the legal transfer of property ownership. In Queensland, it includes:

• Reviewing and negotiating contracts
• Conducting title and council searches
• Coordinating building & pest inspections
• Managing finance deadlines
• Completing settlement via PEXA e-conveyancing

Why Local Expertise Matters

Each Gold Coast suburb has unique risks:

• Flood zones and heritage listings
• Noise corridors and zoning overlays
• Body corporate disputes and by-law restrictions

Local knowledge helps avoid delays and unexpected costs.

Key Conveyancing Steps

1. Pre-Contract Review: Ensure fair terms and compliance
2. Finance & Inspections: Track deadlines and negotiate remedies
3. Searches: Tailored title, council, rates, and body corporate checks
4. Settlement: Adjustments and electronic title transfer via PEXA

Buyer & Seller Tips

• Buyers: Check body corporate rules, arrange insurance, and note the 5-day cooling-off period.
• Sellers: Provide accurate disclosures, meet settlement deadlines, and clear mortgages.
• Investors: Review leases, rent reviews, and compliance with commercial lease laws.

Why Choose Aylward Game

• Lawyer-led settlements with direct access
• Local Gold Coast knowledge
• Fixed-fee certainty, no hidden costs
• Secure e-signing and PEXA settlements

Contact Us

Make your property settlement stress-free. Call 07 5655 4474 or visit aylwardgame.com.au for a free contract review.

Article source: Property Settlement & Conveyancing on the Gold Coast

Unfair Dismissal in Australia: Know Your Rights and Take Action

Losing your job unexpectedly can be stressful and confusing. If you believe your dismissal was harsh, unjust, or unreasonable, you may have legal rights under the Fair Work Act 2009 (Cth) to challenge your employer. Understanding what constitutes an unfair dismissal and acting promptly is key to protecting your rights.

What is Unfair Dismissal?

A dismissal may be considered unfair if it:

• Was harsh, unjust, or unreasonable;
• Was not a genuine redundancy;
• Did not comply with the Small Business Fair Dismissal Code (for small employers).

Employees must generally have been employed for at least six months (twelve months for small businesses) and lodge a claim within 21 days of dismissal. Missing this deadline can jeopardize your claim.

Common Unfair Dismissal Situations

• Dismissal without a valid reason – Being terminated without a proper explanation or evidence.
• Retaliation for speaking up – Termination after raising complaints about harassment, discrimination, or workplace issues.
• Sham redundancy – Roles that still exist or could have been redeployed elsewhere.
• Constructive dismissal – Being forced to resign due to unbearable work conditions, harassment, or unreasonable workloads.

Recent Legal Developments

In 2024, the High Court of Australia allowed employees to claim damages for psychiatric harm caused by unfair dismissal processes. Previously, emotional distress claims were limited under historic law. This change enables affected employees to seek compensation beyond typical Fair Work Commission limits if serious psychological harm occurs.

How Aylward Game Solicitors Can Help

Based in Brisbane, Gold Coast, and Sunshine Coast, Aylward Game Solicitors assists employees and employers with all aspects of unfair dismissal:

• Assessing if a dismissal is legally unfair
• Gathering evidence and preparing applications
• Representing clients in conciliation or hearings before the Fair Work Commission
• Negotiating reinstatement or financial settlements

Their expertise ensures both procedural fairness and the protection of employee rights while helping employers reduce risk and comply with employment laws.

Take Action Quickly

If you suspect your dismissal was unfair, act fast. Gather evidence, seek professional legal advice, and consider conciliation before matters escalate. Learn more about your legal options with Aylward Game Solicitors.

Article Source: Know your rights in Australia

Commercial Lease Lawyers Brisbane: Protecting Landlords and Tenants with Expert Legal Guidance

Navigating commercial leases in Queensland can be complex. Whether you’re a landlord safeguarding your property or a tenant securing business premises, understanding the legal landscape is critical. Aylward Game Solicitors, with offices in Brisbane, Gold Coast, and Sunshine Coast, provide expert advice to ensure your lease agreements are legally sound and commercially practical.

Understanding Commercial Lease Law in Queensland

Commercial leases are governed by contract law, the Property Law Act 1974 (Qld), and for retail premises, the Retail Shop Leases Act 1994 (Qld). These laws outline the rights and obligations of both landlords and tenants. Failing to comply can result in unenforceable clauses or costly disputes.

Key considerations include:

• Mandatory disclosure statements for retail leases
• Independent legal and financial advice for tenants
• Transparent rent review and renewal clauses

Common Issues in Commercial Lease Agreements

1. Rent and Outgoings – Ambiguous clauses can trigger disputes. Clearly define who pays for insurance, maintenance, and land tax.

2. Maintenance and Repairs – Landlords typically handle structural repairs, tenants cover day-to-day upkeep. Clear wording prevents disagreements.

3. Lease Duration and Renewal Options – Properly drafted option clauses protect both parties.

4. Termination and Default – Clearly define when and how the lease can be terminated.

5. Assignment and Subleasing – Queensland law requires landlords to not unreasonably withhold consent.

6. Make-Good Obligations – Define expectations for restoring the premises at lease end.

Why You Need a Commercial Lease Lawyer

A commercial lease is a high-value, binding contract. Expert lawyers like Mark Game and the team at Aylward Game Solicitors help:

• Draft and review agreements compliant with Queensland law
• Negotiate fair and balanced lease terms
• Identify hidden risks, such as personal guarantees or rent acceleration clauses
• Resolve disputes efficiently
• Ensure compliance with the Retail Shop Leases Act

Landlord and Tenant Legal Services

For Landlords:

• Drafting compliant lease agreements
• Managing renewals, assignments, and subleases
• Enforcing tenant obligations and recovering arrears
• Resolving disputes through mediation or litigation

For Tenants:

• Reviewing and negotiating draft leases
• Advising on outgoings, fit-outs, and make-good clauses
• Lease assignments, renewals, and terminations
• Representation in disputes and contract breaches

Commercial Lease Dispute Resolution

Even well-drafted leases can lead to disputes. Our team provides:

• Resolution of breaches and terminations
• Rent arrears and outgoings claims
• Disputes over maintenance
• Rent review disagreements

Our approach prioritizes negotiation and mediation to save time and costs.

The Aylward Game Advantage

• 80 Years’ Collective Experience in commercial, business, and property law
• Personal Service with senior lawyers handling your matter
• Comprehensive Coverage across Brisbane, Gold Coast, and Sunshine Coast
• Holistic Support integrating business law, conveyancing, and dispute resolution

FAQs: Commercial Lease Lawyers Brisbane

Q: Do I need a lawyer for a commercial lease in Queensland?
A: Yes. Legal advice ensures compliance and prevents disputes.

Q: Who pays for repairs and maintenance?
A: Typically, tenants cover day-to-day upkeep, landlords handle structural repairs.

Q: What is a “make-good” clause?
A: Tenants restore premises to original condition at lease end; clear terms prevent disputes.

Q: Can a tenant transfer their lease?
A: Yes, with landlord consent. Assignments or subleases must follow disclosure and financial requirements.

Q: Are retail leases different from commercial leases?
A: Yes. Retail leases provide additional tenant protections under the Retail Shop Leases Act 1994 (Qld).

Contact Aylward Game Solicitors Today

Ensure your commercial lease is protected and enforceable. For expert guidance in Brisbane, Gold Coast, and Sunshine Coast.

Article Source: Aylward Game Solicitors