Our Services

Conveyancing is the transfer of property from one person ("the Seller") to another ("the Buyer"). The terms of the transfer can be detailed in various forms, including:

• A REIQ Contract;
• A QLD ADL Contract;
• An Off the Plan Contract; or
• Any Other specially drafted Contracts

The conveyancing process can be a very exciting experience or a complete disaster. The difference in the outcome will depend on various factors, including whether or not you have obtained professional advice.

Before signing a Contract you should consider whether you:

• have sufficient funds (or require finance) to cover the purchase price, legal fees and stamp duty – if purchasing;
• are legally authorized to sign the Contract in your personal capacity, as trustee, under power of attorney, as nominee or director of a company;.
• understand and are capable of complying with your obligations under the Contract and at law;
• are eligible for any government exemptions or incentives relating to the purchase of property eg. First Home Owners Grant, stamp duty exemptions etc; and/or
• have any particular concerns about the property or the transaction which may require special conditions included in the Contract.

If you are unsure about any of the above, you should seek independent legal advice before signing the Contract. Otherwise, you may find that the Contract you have signed does not offer the protection you need.

Spranklin McCartney Lawyers can assist you with your conveyance by:

• offering you pre-contractual advice;
• negotiating and drafting special conditions to address your concerns and protect your interest;
• handling the legal aspects of the conveyance;
• monitoring your due dates i.e. finance approval and building and pest conditions;
• negotiating extensions with the other party on due dates where required;
• liaising with financier or mortgagee to avoid problems at settlement;
• advising you of any encumbrances on the title of the property and their ipact upon you as a purchaser (for example, an easement);
• conducting relevant land and government searches to ensure that are no adverse issues for the property you are purchasing; and
• ensuring that outgoings in respect of the property (e.g. council rates, land tax) are properly apportioned between the Buyer and the Seller at the settlement date.

Always remember, if you are purchasing a property with a second person (i.e. family member, friend or business associate), you should consider instructing your solicitor to prepare an agreement outlining your respective rights and obligations. In the long term, a properly prepared agreement could end up saving you a lot of money and heartache.

Spranklin McCartney Lawyers are able to assist you with all commercial property matters, including (but not limited to):

• Commercial Conveyance – commercial conveyancing is much more complex than the conveyance of residential property. Our lawyers can assist you through the legal process by negotiating and drafting the Contract terms, conducting various due diligence enquiries, as well as preparing for and attending at Settlement to ensure a smooth transaction.
• Commercial Leasing (including Retail Shop Leases) – Whether you are a tenant or a landlord, our experienced lawyers can assist you with negotiating and preparing lease agreements, registering and removing leases from title, lease amendments, assigning existing leases and subleasing.
• Property Development - Property development is an exciting yet complex activity. Our experienced lawyers can assist you through the legal process of negotiating and preparing Off the Plan Contracts, registering a Plan of Subdivision on Title, registering a Community Titles Scheme and providing assistance with the establishment of a Body Corporate.
• Caveats - A caveat is a form of statutory injunction which prevents any dealing (except for some statutory exceptions and any specifically permitted dealings) with a property. Caveats are used to protect an interest in land and can be registered against a property with or without the consent of the registered owner (provided strict requirements are met). The Caveat will continue to be effective until it either lapses or is withdrawn. Our lawyers can provide you with assistance and advice in the registration or removal of a Caveat.
• Easements - An easement is an encumbrance over the title of your property which allows the use and/or control of your property by another party. Easements are used for gaining access from one property to another or for the provision of utilities such as sewerage or power. An easement can either benefit or burden your land and therefore could potentially impact on the commercial viability of your property. Our experienced lawyers can provide you with assistance and advice on creating an easement, consenting to an easement (by Deed) and/or purchasing property with easement/s burdening the land.
• Legislative Compliance – Owners and occupiers of commercial property have certain obligations under State and Federal legislation relating to the commercial premises (eg. Certificate of Classification, Asbestos Register). Our Lawyers can provide you with up to date legal advice on such obligations to ensure you are always compliant with the relevant regulations.

For more information on how we can assist you please contact our office.

Establishing and running a business or commercial venture is never an easy task; however, the quality of advice and assistance you receive will make an immense difference to the outcome of your operations.

What is Business and Commercial Law?

Business and Commercial Law is a broad area encompassing a range of relationships and transactions between persons and/or commercial entities.

Spranklin McCartney Lawyers can provide expert legal advice and assistance in:

• Sale and acquisition of private companies involving share sales and purchases;
• Sale and acquisition of businesses;
• Company, business & trust structures;
• Setting up private companies, partnerships and joint ventures;
• Establishing discretionary and unit trusts;
• Establishing self managed superannuation funds;
• Preparing and/or reviewing company constitutions and shareholder agreements;
• Agency agreements;
• Franchise agreements;
• Employment matters;
• Disputes (i.e. shareholder, oppression, winding up, sale etc);
• Company powers of attorney; and
• General business and company advice.

With extensive experience in the legal industry, our lawyers have been involved in a wide variety of business and company law matters, ranging from small business ventures to large scale projects.

For more information on how we can assist you, please contact our office.

Often people spend thousands of dollars establishing and building a business without even considering the value of their intellectual property.

Failure to take steps to protect your intellectual property can result in a costly mistake if another party claims to be the legitimate owner of the intellectual property.

What is Intellectual Property?

Intellectual Property is an intangible asset that is the result of creativity. Intellectual Property can be in the form of:

• Trademark;
• Logo;
• Software;
• Copyright;
• Technical data;
• Records/database; and
• Know- how.

How can you protect your Intellectual Property?

If you are the owner of Intellectual Property you can sell, assign or license your Intellectual Property to another party or parties. These can be dealt with in various agreements such as a Deed of Assignment, License Agreement or Franchise Agreement.

If you believe someone is infringing your Intellectual Property rights, you may wish to consider protecting ownership of the Intellectual Property by initiating proceedings in Court.

BEWARE: Registration of a business name or company name does not necessarily protect your intellectual property in the name. The only way to do this is by registering the name and/or logo as a trademark with IP Australia.

How can we help?

Spranklin McCartney Lawyers are experienced lawyers who can assist you with all your Intellectual Property needs, including negotiating the terms of Agreement, initiating or defending proceedings and attending to the registration of your trademark with IP Australia.

For more information on how we can assist you please contact our office.

Spranklin McCartney Lawyers are able to assist you and your business in recovering money for goods supplied and/or services provided where monies remain unpaid by your clients or customers.

Our qualified lawyers are able to assist you through the debt recovery process by:

• sending Letters of Demand for payment;
• contacting debtors to arrange payment terms;
• negotiating and preparing settlement agreements between the parties;
• instituting Court proceedings and attending at hearings; and
• enforcement and follow-up of judgments;

Should you require ongoing debt recovery support, Spranklin McCartney Lawyers can negotiate a fee structure that will suit your specific business needs and budget.

In the alternative, Spranklin McCartney Lawyers can also provide advice and assistance if you are a Defendant in Court proceedings or are disputing a demand for payment.

In any matter involving potential Court action, it is essential you obtain support and guidance from a firm that will provide accurate advice and appropriate resolutions in a timely manner.

For more information on how we can assist you please contact our office.

With extensive experience in building and construction law our qualified lawyers are able to provide advice and assistance in a wide range of building and construction law matters, including:

• Arbitration & mediation;
• Building disputes;
• Claims resolution;
• Construction litigation;
• Contract interpretation & administration;
• Contractual non-performance;
• Debt recovery;
• Disputes & litigation;
• Insurance claims;
• Tribunal & court attendances;
• Building & Construction Industry Payments Act;
• Queensland Building Services Authority review and disciplinary matters; and
• General building and construction law advice.

We are happy to work with builders, developers and aggrieved parties to building and construction contracts to ensure their rights are upheld.

For more information on how we can assist you please contact our office.

If you die without a Will, you are said to have died 'intestate'. This means that the law of the State will dictate who will benefit from your estate and an executor is appointed to dispose of your assets. You get absolutely no say in who inherits your possessions.

Dying intestate becomes increasingly problematic if you have assets in different States, as each State has different rules of intestacy.

Careful planning of your estate not only saves your loved ones a lot of heartache and confusion but can also save the estate thousands of dollars in legal fees and taxes.

When preparing your Will, discuss with your lawyer whether you need to make special provisions for disabled children or minors by way of Testamentary Trust and/or appointment of a Testamentary Guardian.

Once you have executed a Will you should regularly check it to ensure that your intentions have not changed. In particular, you should consider instructing your solicitor to prepare a new Will where one or more of the following has occurred:

• Marriage;
• Divorce or separation;
• Entering into a de facto relationship;
• Birth of children or grandchildren;
• Death of your executor or a beneficiary; and/or
• Change in your financial circumstances.

Spranklin McCartney Lawyers can tailor an Estate Planning Package to suit your specific requirements and budget.

Our Estate Planning Package may include a combination of:

• Will;
• Enduring Power of Attorney;
• Advance Health Directive;
• Testamentary Trusts;
• Appointment of Testamentary Guardian/s;
• Review of Self-Managed Super Fund;
• Binding Death Nominations; and
• Registration on the Organ Donor Register

For more information on how we can assist you please contact our office.

At Spranklin McCartney Lawyers we understand that a death in the family is always a difficult time. There are many decisions to be made and emotions are high, making the situation even more difficult to endure.

Our experienced lawyers are able to provide advice and assistance to ensure the deceased’s affairs are dealt with in an easy and efficient mannter.

We can take the headache out of:

• Probate;
• Letters of Administration;
• Estate administration i.e. transfer of property, distribution of assets etc;
• Stamp duty concessions for deceased estates; and
• Estate disputes.

With nearly 40 years experience in the industry, Spranklin McCartney Lawyers will ensure that the process is completed with minimal complications and set-backs, while at all times working with the Executors no matter what level of assistance they require.

For more information on how we can assist you please contact our office.

Binding Financial Agreements are entered into by couples to record their decisions on how property will be dealt with upon separation. Such agreements can be entered into at the commencement of a relationship, during the relationship or upon separation.

Changes in legislation have meant that Binding Financial Agreements can now also be entered into by defacto and same sex couples and can be dealt with by the family law courts where required.

Our experienced lawyers aim is to minimise conflict during any family law process whilst ensuring that your interests are protected.

Spranklin McCartney Lawyers are able to provide you with expert legal advice in all family law matters, including:

• Custody of children;
• Adoptions;
• Separation & Divorce;
• Defacto relationships;
• Arbitration and/or mediation;
• Domestic violence orders; and
• Other family law issues

For more information on how we can assist you please contact our office.

A breach of Queensland traffic laws will usually result in the imposition of a penalty such as a fine or suspension of your license.

In some cases you may receive a “Notice to Appear” from a police officer requiring you to appear before a Court.

The Court has the power to impose various penalties in relation to traffic offences, including:

• fines;
• suspension of your licence;
• disqualification from holding a licence; and/or
• imprisonment in certain circumstances.

In deciding on the penalty to impose, the Courts will take into account:

• the severity of the offence;
• the offender i.e. age, employment etc;
• circumstances surrounding the offence;
• any previous offences of a similar nature; and
• any other matters the Court deems appropriate.

Some offences result in an automatic suspension. This means that the Court does not have the discretion to waive the minimum suspension period.

If you have been charged with drink driving, you may be eligible to apply to the Courts for a restricted license (“work licence”) in order that you may continue to drive to work.

If your licence has been suspended as a result of the accumulation of demerit points, you can also apply for a special hardship order that will allow you to continue driving under restricted circumstances.

The legislation sets out strict requirements for granting a work licence and/or special hardship order and you must meet all the requirements before a licence or an order can be granted to you.

Spranklin McCartney Lawyers are experienced lawyers and are able to provide assistance in all areas of traffic law. We recommend that you seek legal advice before you next court appearance to achieve the best possible result.

For more information on how we can assist you please contact our office.

In addition to the areas of law detailed above, Spranklin McCartney Lawyers has gained a reputation for assisting clients with all of their general legal needs both personally and in business. If an area of law is now detailed, we welcome your enquiry so we can detail how our services can make navigating the law easier for you.

For more information on how we can assist you please contact our office.