Estate Planning
Celebrating John Fradgley OAM: A Lifetime of Service to the Community, Law and The Anglican Church
Bell Legal Group 04/10/2024 We were proud to share the exciting news that earlier this year, our retired former Partner, John Fradgley, was awarded a Medal of the Order…Most Recent Insights
BDBN: Binding Death Benefit Nominations
You might be surprised to learn that, when you die, your superannuation doesn’t automatically form part of your estate – which means it might not…
Expect Changes to the Franchising Code of Conduct in 2025
A new, draft Franchising Code of Conduct is set to be released this year following the Australian Government’s agreement with all 23 recommendations in the…
Why You Should Pay Attention to Assumed Liabilities in Your Insurance
This article was co-authored with Lauren Spice, Managing Director at Morgan Insurance Brokers. Insurance contracts are always challenging. They’re obscure for outsiders and include so…
The Law and You
Listen to live estate planning questions and answers with John Fradgley on 4CRB.
The Law and You – 9th May 2023
Each week John Fradgley of Bell Legal Group presents a radio phone-in show on Gold Coast’s Community Radio Station 4CRB called ‘The Law and You’…
The Law and You – 18th Apr 2023
Each week John Fradgley of Bell Legal Group presents a radio phone-in show on Gold Coast’s Community Radio Station 4CRB called ‘The Law and You’…
The Law and You – 11th Apr 2023
Each week John Fradgley of Bell Legal Group presents a radio phone-in show on Gold Coast’s Community Radio Station 4CRB called ‘The Law and You’…
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Commercial Law
Bankruptcy Won’t Help a Fraudster | Barodawala v Perinparajah 2022
Bankruptcy Won’t Help a Fraudster Key Takeaway The end of bankruptcy does not release debts incurred by fraud. The recent Victorian Court of Appeal decision…
A proposed Industry Code of Conduct for Commercial and Retail Tenancies
COVID-19: Code of Practice At the end of March 2020, the Prime Minister announced that the National Cabinet was working towards implementing measures to assist…
Company liquidated and workers underpaid?
Accessorial liability extended to directors to recover payments A director of a liquidated company and his wife were ordered by the Federal Circuit Court to…
Director Identification Numbers
The Australian Parliament passed the Commonwealth Registers Bill 2019 and the Treasury Amendment (Registries Modernisation and Other Measures) Bill 2019 on 22 June 2020 to…
Director’s Identification Numbers to be introduced
Australian Business Register to be modernised In the 2018-19 Budget, the Government announced it will modernise the Australian Business Register and the Australian Securities and…
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The Problem With Oral Agreements Between Family Members
The importance of documenting agreements Two recent cases in the Supreme Court of New South Wales reinforce the importance of properly documenting agreements between family…
Director Identification Numbers
The Australian Parliament passed the Commonwealth Registers Bill 2019 and the Treasury Amendment (Registries Modernisation and Other Measures) Bill 2019 on 22 June 2020 to…
Director’s Identification Numbers to be introduced
Australian Business Register to be modernised In the 2018-19 Budget, the Government announced it will modernise the Australian Business Register and the Australian Securities and…
Should you consider your partnership or shareholders’ agreement as part of your estate planning?
Shareholder’s and partnership agreements A shareholders’ agreement is a contract between the shareholders of a business to regulate their rights, responsibilities, obligations and liabilities, and…
Director’s Identification Numbers to be introduced
Australian Business Register to be modernised In the 2018-19 Budget, the Government announced it will modernise the Australian Business Register and the Australian Securities and…
The Law and You – 6th April, 2021
Each week John Fradgley of Bell Legal Group presents a radio phone-in show on Gold Coast’s Community Radio Station 4CRB called ‘The Law and You’…
The Law and You – 23rd March, 2021
Each week John Fradgley of Bell Legal Group presents a radio phone-in show on Gold Coast’s Community Radio Station 4CRB called ‘The Law and You’…
The Law and You – 12th January 2021
Each week John Fradgley of Bell Legal Group presents a radio phone-in show on Gold Coast’s Community Radio Station 4CRB called ‘The Law and You’ where listeners call in…
Employsure Found to Have Misled Businesses With Google Ads
A recent appeal by the Australian Competition and Consumer Commission (ACCC) has seen the Federal Court of Australia overturn the decision handed down in a…
Contractor’s Role Clarified by High Court Decisions
In early February, the High Court delivered two long-awaited decisions regarding independent contractors employed by businesses – ZG Operations Australia Pty Ltd v Jamsek, and…
New Definition of ‘Casual Worker’ Creates Changes for Casual Employment
In a win for Australian employers, the Morrison government successfully passed the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2021 on March…
Lease Law
Airbnb arrangement found to breach lease
Introduction The matter of Catherine Swan v Uecker [2016] VSC 313, discussed, inter alia, whether the Respondents had granted a lease or a licence to…
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Dispute Resolution
Employsure Found to Have Misled Businesses With Google Ads
A recent appeal by the Australian Competition and Consumer Commission (ACCC) has seen the Federal Court of Australia overturn the decision handed down in a…
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How Marriage, Divorce and Separation Impact Your Will in Queensland
How Marriage, Divorce and Separation Impact Your Will in Queensland Your Will is one of your most important estate planning structures. It helps dictate…
Statutory Wills: An Overview
What is a Statutory Will? For a person to be able to make, alter, or revoke a Will, that person must have testamentary capacity (that…
What Happens if I Die Without a Will in Queensland?
What is ‘intestacy’? If you die without having a valid Will in place, you are said to die ‘intestate’. When you die intestate, your…
How Marriage, Divorce and Separation Impact Your Will in Queensland
How Marriage, Divorce and Separation Impact Your Will in Queensland Your Will is one of your most important estate planning structures. It helps dictate…
What Happens if I Die Without a Will in Queensland?
What is ‘intestacy’? If you die without having a valid Will in place, you are said to die ‘intestate’. When you die intestate, your…
INSOLVENCY REMINDER – BANKRUPTCY REGULATION CHANGE
Today 1 April 2021, we say farewell to the Bankruptcy Regulations 1996 and say hello to the Bankruptcy Regulations 2021. Main changes include: Numbering; Some…
The Presumption of Insolvency for Unsatisfied Execution
Debt Recovery during COVID-19 – It can be done! In March 2020, the Federal Government announced temporary amendments to Australia’s insolvency laws in response…
Insolvency Law Update – The Amerind Appeal Decision has been handed down
Amerind Appeal The much anticipated unanimous decision of the Victorian Court of Appeal in Commonwealth of Australia v Matthew James Byrnes and Andrew Steward Reed…
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INSOLVENCY REMINDER – BANKRUPTCY REGULATION CHANGE
Today 1 April 2021, we say farewell to the Bankruptcy Regulations 1996 and say hello to the Bankruptcy Regulations 2021. Main changes include: Numbering; Some…
The Presumption of Insolvency for Unsatisfied Execution
Debt Recovery during COVID-19 – It can be done! In March 2020, the Federal Government announced temporary amendments to Australia’s insolvency laws in response…
Effect of bankruptcy on superannuation
When an individual becomes bankrupt, the bankrupt’s property vests in the Bankruptcy Trustee with several exceptions. One exception applies to the bankrupt’s interest in a…
Estate Planning
What Is an International Will?
If you own assets in countries other than Australia, making sure they’re considered in your estate planning is important. Overseas real estate, companies, and other…
Potential Refunds Available to Foreign Homebuyers in New South Wales
On 21 February 2023, state revenue agency Revenue NSW announced that existing surcharge provisions for residential property in New South Wales were not consistent with…
Importance of Identifying Beneficiaries in Australia | Bell Legal
When you make a Will, you choose the people or entities (often charities) that you want to benefit from your estate. It’s a process that…
Statutory Wills: An Overview
What is a Statutory Will? For a person to be able to make, alter, or revoke a Will, that person must have testamentary capacity (that…
Who Is Entitled to See a Copy of a Will?
When a person passes away, their loved ones will often want to see a copy of their Will. Receiving a copy of the Will means…
What Is an International Will?
If you own assets in countries other than Australia, making sure they’re considered in your estate planning is important. Overseas real estate, companies, and other…
Potential Refunds Available to Foreign Homebuyers in New South Wales
On 21 February 2023, state revenue agency Revenue NSW announced that existing surcharge provisions for residential property in New South Wales were not consistent with…
Who Owns Your Body When You Die in Queensland? Legal Support
Who Owns Your Body When You Die in Queensland? Most people make plans about how their estate will be distributed when they die, generally formally…
Estate Planning & Considerations For Foreign Beneficiaries
Contents Foreign beneficiary of deceased estate explained Applying for FIRB Approval Vacancy Fees for Unoccupied Dwellings Exemptions to FIRB Approval Other Estate Planning Considerations Capital…
What Is an International Will?
If you own assets in countries other than Australia, making sure they’re considered in your estate planning is important. Overseas real estate, companies, and other…
Potential Refunds Available to Foreign Homebuyers in New South Wales
On 21 February 2023, state revenue agency Revenue NSW announced that existing surcharge provisions for residential property in New South Wales were not consistent with…
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Can a person who lacks testamentary capacity have a will made for them?
Courts can authorise the making of a Will where a person lacks testamentary capacity If a person lacks the testamentary capacity to make, alter or…
Testamentary Capacity Despite Dementia Diagnosis
In the recent South Australian case of Roche v Roche [2017] SASC 8 the Court found the testator, John Roche, had testamentary capacity despite a…
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New Options for Temporary Resident Retirees to obtain Permanent Residency
Law changes add to visa options for retirees On 17 November 2018, the Migration Amendment (Pathway to Permanent Residence for Retirees) Regulations 2018 (‘The Regulation’)…
The 2018 Budget and Aged Care
No new funding for aged care The 2018 Budget contains no surprises for aged care. Measures include the continuation of home support services, development of…
Testamentary Capacity Despite Dementia Diagnosis
In the recent South Australian case of Roche v Roche [2017] SASC 8 the Court found the testator, John Roche, had testamentary capacity despite a…
Estate Administration – What is an Estate Proceeds Trust?
What is an Estate Proceeds Trust? While there is no substitute for pre-emptive comprehensive estate planning, it is a fact that the unexpected happens and…
Can a Trust Be a Beneficiary Under Your Will?
If you’re thinking about using a trust in your estate planning, you’ve probably heard of testamentary trusts – trusts created upon your death. Testamentary trusts…
As strong as the weakest link: SMSF Document Chains
Estate planning issues can arise where there is a chain of superannuation trust deeds and one or more of the varying deeds is invalid or…
Estate Administration – What is an Estate Proceeds Trust?
What is an Estate Proceeds Trust? While there is no substitute for pre-emptive comprehensive estate planning, it is a fact that the unexpected happens and…
Effect of bankruptcy on superannuation
When an individual becomes bankrupt, the bankrupt’s property vests in the Bankruptcy Trustee with several exceptions. One exception applies to the bankrupt’s interest in a…
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