Question 1

Where is KSA Law based, and who do you act for?

Accepted Answer

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

Question 2

How do I book an appointment?

Accepted Answer

You can call us on 1300 137 381, email admin@ksalaw.com.au, or use the form on our contact page. Appointments at our Eagle Street office are by booking only.

Question 3

Do you offer an initial consultation?

Accepted Answer

Yes. The first conversation is so we can understand your matter and give you a clear sense of the work involved, likely timeframes and our fees before you commit to anything.

Question 4

How do you charge for your work?

Accepted Answer

Most matters are quoted as a fixed fee where the scope is known — for example conveyancing, wills or company set-ups. Litigation and complex commercial work are typically charged at hourly rates with a written estimate up front. You will always receive a costs agreement before work begins.

Question 5

Will I deal with the same lawyer throughout my matter?

Accepted Answer

Yes. Continuity matters to us — clients deal directly with the lawyer responsible for their file from the first meeting through to resolution.

Question 6

How quickly will I hear back from you?

Accepted Answer

We aim to respond to all calls and emails within one business day. If your lawyer is in court or in conference, our team will let you know when to expect a return call.

Question 7

What structure should I use for my new business?

Accepted Answer

It depends on tax, liability, growth plans and who will own the business over time. Common options are sole trader, company, discretionary trust and unit trust — often used in combination. We talk you through the trade-offs alongside your accountant.

Question 8

Do I really need a shareholders' or partnership agreement?

Accepted Answer

If two or more people are in business together, yes. The agreement records what happens on the things people rarely want to talk about up front — exits, disputes, deadlocks, death and incapacity. It is far cheaper to put one in place at the start than to litigate without one later.

Question 9

Can you help with the sale or purchase of a business?

Accepted Answer

Yes. We prepare and review business sale contracts, manage due diligence, negotiate restraints and warranties, transfer leases and licences, and see the transaction through to completion.

Question 10

What are my duties as a company director?

Accepted Answer

Directors owe duties to act in good faith, in the best interests of the company, with reasonable care and diligence, and to avoid trading while insolvent. These are personal duties — they apply whether you are a director of a one-person company or a larger entity.

Question 11

Should I have a contract reviewed before I sign?

Accepted Answer

Yes — always, where possible. Once a Queensland REIQ contract is signed, your rights to walk away are limited. A pre-signing review lets us flag risks and negotiate special conditions while you still have leverage.

Question 12

How long does a standard conveyance take?

Accepted Answer

A standard Queensland residential contract typically settles 30 days from the contract date, with finance and building & pest conditions in the first two to three weeks. Commercial and off-the-plan timelines vary and we will map them out for you.

Question 13

Do you act on commercial and retail leases?

Accepted Answer

Yes. We act for both landlords and tenants on new leases, renewals, assignments and disputes — including retail shop leases governed by the Retail Shop Leases Act 1994 (Qld).

Question 14

What costs should I budget for in addition to the purchase price?

Accepted Answer

Typically: transfer duty (stamp duty), registration fees, our legal fees, searches, lender fees, council and water adjustments at settlement, and where applicable building & pest inspection costs. We provide an itemised estimate at the outset.

Question 15

When should I update my will?

Accepted Answer

After any major life event — marriage, divorce, separation, the birth of a child, the death of a beneficiary or executor, or a significant change in your assets. As a general rule, we suggest a review every three to five years even if nothing obvious has changed.

Question 16

What is an enduring power of attorney, and do I need one?

Accepted Answer

It allows a person you trust to make financial and personal/health decisions for you if you lose capacity. We strongly recommend every adult has one in place — without it, your family may need to apply to QCAT to be appointed, which is slow and stressful.

Question 17

I have been named as an executor — what do I have to do?

Accepted Answer

Broadly: locate the will, arrange the funeral, identify and protect estate assets, apply for probate if required, pay debts and taxes, and distribute the estate to beneficiaries. We guide executors through each step and handle the court application where one is needed.

Question 18

Can a will be challenged?

Accepted Answer

Yes — most commonly under family provision laws by an eligible person who feels they have not been adequately provided for. Careful drafting, contemporaneous evidence and (in some cases) testamentary trusts can reduce risk. We can advise on both prevention and defence.

Question 19

When should I send a letter of demand?

Accepted Answer

Once an invoice is clearly overdue and internal follow-up has not worked. A solicitor's letter often resolves the matter without proceedings, and creates a clear record if the dispute later escalates.

Question 20

What can I do if the debtor still does not pay?

Accepted Answer

We can issue court proceedings in the appropriate jurisdiction. Once judgment is obtained, enforcement options include bankruptcy notices, statutory demands against companies, garnishee orders, warrants of execution and charging orders.

Question 21

Can I recover my legal costs from the debtor?

Accepted Answer

Often, yes — particularly where your contract or terms of trade include a properly drafted costs clause, or where the court awards costs. We will discuss likely recoverability at the outset.

Question 22

When is bankruptcy an option for an unpaid debt?

Accepted Answer

Bankruptcy can be pursued against an individual debtor for a debt of $10,000 or more that is supported by a judgment. The process starts with a bankruptcy notice and, if not satisfied, a creditor's petition.

Question 23

I have received a bankruptcy notice — what should I do?

Accepted Answer

Act quickly. You generally have 21 days to comply, pay, set aside the underlying judgment or apply to set aside the notice itself. Speak with us as soon as possible — the timeframes are strict.

Question 24

What are the alternatives to bankruptcy?

Accepted Answer

Depending on your circumstances, options can include a Part IX debt agreement, a Part X personal insolvency agreement, or negotiated settlement with creditors. We help you weigh the consequences of each.

Question 25

What is a statutory demand and when can I use one?

Accepted Answer

A creditor's statutory demand under s 459E of the Corporations Act 2001 (Cth) can be issued for an undisputed debt of $4,000 or more. If the company does not comply within 21 days, it is presumed insolvent — which supports a winding up application.

Question 26

Our company has received a statutory demand — what now?

Accepted Answer

You have 21 days to either pay, reach agreement with the creditor, or apply to set the demand aside. There are no extensions. Contact us immediately so we can assess whether genuine grounds exist to challenge it.

Question 27

What is insolvent trading and how do I avoid liability?

Accepted Answer

Directors can be personally liable for debts incurred while the company is insolvent. The safe harbour provisions can protect directors who take genuine steps toward a better outcome than immediate liquidation, but they require careful documentation and early advice.

Straight answers to common questions.

Working with the firm.

Talk to us about your matter directly.