Straight answers to common questions.

We are a Brisbane law firm with our office at 167 Eagle Street (by appointment only). We act for individuals, families and businesses across Queensland, New South Wales and Victoria.

Call 1300 137 381 or email admin@ksalaw.com.au. A consultation is arranged at a time that suits you — in person or by phone.

Yes. The first conversation is confidential and without obligation, so you can understand where you stand before deciding anything.

After the consultation you receive a written letter of advice and an agreed fee, before any work begins.

Yes. Clients deal directly with the lawyer responsible for their file, from first call through to resolution.

It depends on your tax position, asset protection needs and plans for growth. Common combinations include a Pty Ltd company owned by a discretionary trust, or a unit trust where investors hold defined interests. We work through the options with you alongside your accountant before incorporation.

You receive a written costs agreement with a clear scope before any work begins — a fixed fee where possible, and an estimate with a cap where not.

Yes. Our corporate practice is led directly by our principal, so the lawyer scoping your matter is the lawyer running it.

Two-shareholder companies are among the most exposed to deadlock, because a 50/50 split means neither owner can outvote the other. A clear deadlock and exit mechanism is especially valuable where there are only two owners.

No. The constitution is the company's internal rulebook and is generally available to the company's members. A shareholders' agreement is a private contract that records the commercial deal between the owners, and it can be more detailed and more specific.

It depends on the size of the business and how quickly conditions such as finance and landlord consent are satisfied. Straightforward asset sales can complete within weeks; complex share sales with detailed due diligence take longer.

A broker markets the business and helps agree the commercial terms, but does not advise you on your legal rights. A lawyer reviews and negotiates the contract, manages due diligence and protects your position through completion.

Yes, but moving assets or a business from one entity to another can have tax and stamp duty consequences. It is simpler and cheaper to choose the right structure before you start trading.

Not entirely. Directors have legal duties, can be personally liable for certain company debts in some circumstances, and are regularly asked to give personal guarantees to lenders and landlords.

Yes. A sole director owes the same statutory duties, and is typically the person most exposed to personal liability.

Resigning does not remove liability for conduct while you were a director, and in some cases resignation can take effect only when properly notified.

Yes — wherever possible. Once a standard REIQ contract is signed in Queensland, your ability to walk away is limited to the conditions written into the contract. A pre-signing review lets us negotiate amendments and special conditions while you still have full leverage.

Yes — for both landlords and tenants. That includes new leases, renewals, assignments and surrenders, and retail shop leases governed by the Retail Shop Leases Act 1994 (Qld).

PEXA is the electronic platform used for property settlements. We attend electronic settlement via PEXA on your behalf, confirm registration of the transfer and send you a final report.

Yes. Even after signing, a review helps you understand your conditions and deadlines, and whether you have any rights to terminate or negotiate. The earlier you act, the more options you have.

Sellers benefit from advice on the contract, their disclosure obligations and settlement. Getting the seller's side right reduces the risk of a buyer later seeking to terminate or claim compensation.

Most leases can be negotiated, particularly on rent reviews, outgoings, incentives, make-good and assignment. The best time to negotiate is before you sign an offer to lease or heads of agreement.

The lease must be assigned to the buyer, which requires the landlord's consent on the conditions set out in the lease. Assignment should be planned early in any business sale.

Some contracts allow you to assign or nominate another buyer, subject to the seller's consent and, in some contracts, a fee. Others prohibit it. Check the contract before you rely on this.

It depends on the contract and on how significant the change is. Some changes are permitted; others may give you a right to terminate or claim compensation. Get advice as soon as you notice the difference, as time limits can apply.

It is possible, but the contract, disclosure and notice requirements are technical and mistakes can be costly. Most buyers and sellers use a lawyer so that deadlines are managed and risks are identified early.

Settlement happens electronically. Funds are exchanged and the transfer is lodged for registration at an agreed time, after which the keys are released to the buyer.

Independent legal advice is strongly recommended. The contracts are long and the financial consequences can be significant for you and your family.

Yes, and family involvement helps. Your lawyer will still need to take instructions from you directly and make sure the decision is yours.

After any major life event — marriage, divorce, separation, having a child, the death of a beneficiary or executor, or a significant change in your assets. As a general rule, review your will every 3–5 years even if nothing obvious has changed.

Yes. We apply to the Supreme Court of Queensland for probate or letters of administration on your behalf and provide full administration support through to distribution.

We supervise signing to make sure every formal requirement is met, then store the originals in our secure deeds storage.

Someone may need to apply to the Queensland Civil and Administrative Tribunal (QCAT) to be appointed as your administrator or guardian. That process takes time and the tribunal, not you, decides who is appointed.

Yes, while you have capacity you can revoke it and make a new one. Revocation should be done formally and your attorneys should be told.

Timing depends on the notice period, how quickly the application is prepared and whether the Court raises requisitions. Administering the estate after the grant takes longer again, particularly where property must be sold.

Yes. It is common for an executor to also be a beneficiary. The executor must still act impartially and in the interests of all beneficiaries.

You cannot prevent an eligible person from making a claim, but careful planning — including how assets are held and recording your reasons — can reduce the likelihood of a successful challenge.

Do not distribute the estate. Get advice promptly about the claim, your duties as executor and the options for resolving it.

A de facto partner who meets the legal definition of spouse can be entitled under the intestacy rules. Proving the relationship can add time and cost to the administration.

In rare cases where no eligible relatives exist, the estate may pass to the State.

Bankruptcy occurs when an individual is insolvent — unable to pay their debts as and when they fall due — and has a trustee appointed to control their assets and finances. In return, they are protected from further legal action by their creditors.

Sometimes. Depending on your circumstances, debts may be compromised under the Bankruptcy Act 1966 (Cth) to prevent bankruptcy. We assess the options with you first.

Yes. We regularly act for creditors enforcing judgments against individual debtors, including bringing a creditor's petition in the Federal Court.

No. Disputes about the underlying debt generally had to be raised before judgment. Ignoring the notice can lead to bankruptcy proceedings. Get advice immediately about whether there are grounds to set it aside.

Only if the creditor agrees. Any arrangement should be documented in writing, and you should confirm what happens to the notice and time limits.

Yes. A debt agreement is recorded on the National Personal Insolvency Index and on your credit report, which can affect your ability to borrow for a period of time.

Sometimes. A PIA is flexible and can be structured around particular assets, but creditors must vote to accept it. Advice on your specific circumstances is essential.

The debt must be at or above the statutory minimum set under the Bankruptcy Act 1966 (Cth). We confirm the current threshold and whether your debt qualifies when we review your matter.

A debtor may be able to oppose the petition — for example by showing they are solvent, by paying the debt, or by raising a defect in the process. The court decides at the hearing.

Bankruptcy generally lasts three years from the date your statement of affairs is accepted, although it can be extended in some circumstances.

Your trustee deals with your interest only. A partner's share is not part of your bankrupt estate, but a sale may still affect them if your interest is realised.