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Bought off-the-plan and the developer is trying to cancel your contract? Don’t assume it’s the end of the road. Buying property is exciting, but buying off the plan comes with a unique risk: you are committing to a home or investment before it has been built. If completion is delayed and the developer later tries to walk away from the contract, buyers can be left uncertain about their rights, their deposit and the property they hoped to secure. That issue was recently considered by the Queensland Supreme Court in a case involving Chevron One Apartments on the Gold Coast, Queensland. CJM Lawyers acted for one of the purchasers in successfully disputing the developer’s right to terminate. The Court declared the contracts valid and binding, reinforcing an important message for buyers: if you receive a termination notice, it is worth getting legal advice before assuming your contract is over. What Is an Off-the-Plan Property? An off-the-plan property is a property purchased before construction is complete. Instead of buying an existing apartment, townhouse or home, the buyer enters into a contract based on plans, specifications and development documents. This type of purchase can appeal to buyers who want to secure a property early, plan a future move, arrange finance over time or invest before a project is complete. However, because construction and registration can take months or even years, off-the-plan contracts often include strict timelines and conditions that buyers need to understand before settlement. What Is a Sunset Clause? A sunset clause sets a deadline for important steps in a development to be completed. In an off-the-plan contract, this may include registration of the plan, creation of title, completion of construction or settlement. If the deadline passes and the required steps have not happened, the contract may give one or both parties a right to end the contract. However, that right is not always automatic – especially where a developer is relying on the clause to cancel the contract. The wording of the contract, the reason for the delay and any relevant legal requirements all need to be carefully considered. A Recent Win for Property Buyers CJM Lawyers recently acted for one of the purchasers in Supreme Court proceedings concerning the Chevron One development on the Gold Coast. The purchasers had entered into off-the-plan contracts in 2021, with settlement to occur by dates set several years later. When those dates passed, the developer sought to end the contracts. The buyers refused to accept the terminations and took the matter to the Supreme Court. CJM Lawyers acted for one of the purchasers in successfully disputing the developer’s right to terminate. The Queensland Supreme Court declared the contracts valid and binding. Critically, the Court found no basis for allowing the developer to benefit from its own breach of contract. The developer's attempt to point to pandemic-related supply chain disruptions as justification for termination was also rejected. What Should Buyers Do If a Developer Tries to Terminate? If a developer sends you a sunset clause termination notice, do not assume your contract is over. Whether the termination is valid may depend on the wording of the contract, the reason for the delay, the timing of the notice and the steps taken by each party. You should seek legal advice as soon as possible if your development has experienced lengthy delays, you have received a termination notice, a developer is relying on a sunset clause, or you are unsure whether your contract is still binding. Getting advice early can help you understand your rights before you accept a refund, sign documents or make decisions that may affect your legal position. How CJM Lawyers Can Help CJM Lawyers can assist buyers with off-the-plan property disputes, sunset clause issues and proposed contract terminations. Our Litigation team can review your contract and supporting documents, assess whether a termination is likely to be valid, explain your options, negotiate with developers and represent you in court proceedings where necessary. If your developer is trying to cancel your off-the-plan contract, speak with CJM Lawyers before accepting a refund, signing further documents or walking away from a property you still want to secure. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.

Buying an aircraft can be an exciting milestone, whether it is for business, recreation or private use. But aircraft purchases are not like buying a car or boat. They involve technical records, regulatory requirements and airworthiness considerations that may not be obvious at first glance. Imagine purchasing an aircraft only to later discover it is not airworthy. If a buyer assumes the right checks have already been completed, they may be left facing unexpected costs, delays and legal uncertainty after settlement. It is an important reminder that what looks right on the surface may not always tell the full story. A well-presented aircraft is not necessarily compliant, airworthy or free from risk. Why a pre-purchase inspection matters A pre-purchase inspection can help identify issues with the aircraft’s condition, maintenance history and airworthiness before the buyer commits. It can also highlight questions that should be addressed in the sale agreement. The key is knowing what has been checked, what has not been checked, and what protections are in place if something is discovered later. Things to consider before purchasing an aircraft Arrange an independent inspection before committing to the purchase. Review key records , including logbooks, maintenance history and relevant compliance documents. Confirm the aircraft’s airworthiness status rather than relying on assumptions or verbal assurances. Use a written sale agreement that clearly sets out the terms, inclusions and inspection rights. Seek advice before signing , particularly if finance, insurance, ownership structures or regulatory issues are involved. What if problems are discovered after purchase? If issues are discovered after settlement, the buyer’s options will depend on the contract, what was represented before the sale and the nature of the defect. These matters can become complicated quickly, especially where technical aircraft records and regulatory requirements are involved. How CJM Lawyers can help At CJM Lawyers, our aviation law team assists with aircraft sale and purchase agreements, due diligence, ownership structures, finance and security arrangements, leasing, regulatory issues and disputes. If you are thinking about buying an aircraft, we can help you understand the legal considerations before you commit. If you have already purchased an aircraft and something has gone wrong, we can help determine your options and advise on the best way forward. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.

September is a timely reminder to pause and ask a simple but important question: does your Will still reflect your life today? For many people, making a Will is one of those important jobs that sits on the “I’ll get to it one day” list. Others may have a Will in place, but it was prepared years ago and has not been reviewed since. The challenge is that life rarely stays the same. Relationships change, families grow, property is bought or sold, businesses evolve, and financial arrangements can become more complex over time. Why reviewing your Will matters A Will is not just a document for later in life. It is an important part of planning ahead and making sure your wishes are clearly recorded. It allows you to decide who should receive your assets, who should administer your estate, and how you would like important personal matters handled. Having a valid and up-to-date Will can also make things much clearer for your loved ones at an already difficult time. It can reduce the risk of confusion about who should make decisions, who should benefit from your estate, and how your wishes should be carried out. When should you review your Will? It may be time to review your Will if you have recently: married, separated or divorced welcomed children or grandchildren bought or sold property started or sold a business moved into a blended family arrangement experienced a significant change in your finances It is also worth checking whether your superannuation nominations, enduring power of attorney and other estate planning documents still work together with your Will. What your Will may not automatically cover One common misconception is that a Will automatically covers everything you own. In reality, assets such as superannuation, jointly owned property, trusts, company interests and life insurance may need separate consideration. Without the right planning, there can be uncertainty, delays, disputes or outcomes that do not reflect what you intended. How CJM Lawyers can help At CJM Lawyers, our Wills and Estates team can help you prepare a new Will, review an existing Will, update your estate planning documents, and consider how your broader arrangements fit together. Whether your circumstances are simple or more complex, we can provide clear, practical guidance to help you plan ahead with confidence and give your loved ones greater peace of mind. Contact our Wills and Estates team today to get started. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.

The process of selling a horse can be chaotic and emotional, and often people do not realise the legal implications that come along with a sale which can last into the future. There are several factors which should be taken into consideration early on to ensure the process runs smoothly, and you are not caught by surprise down the track. Representations Representations are statements made to describe the horse. This could be its temperament, behavioural history, riding suitability or soundness. In most sales, representations are initially made in the horse’s advertisement post but also continue through text messages or calls with potential buyers, and statements made in person. Each of these representations have the capacity to be used against you in the future, if the matter results in a dispute. It is common practice for sellers to describe the horse in a positive way to entice buyers to interact with the sale ad, however it is important to ensure statements made can be supported by evidence, and to understand the meaning behind the words used to describe the horse. A blanket statement such as, “a pleasure to ride” is a representation that the horse is easy and enjoyable to ride, which has no specificity and makes no allowance for any ‘quirks’ the horse may have. A horse that is a pleasure to ride in the arena, but spooky or excitable when ridden off property, should be described as such in an open and easy to understand manner. Australian Consumer Law Some horse sales may be subject to Australian Consumer Law, particularly where the seller is selling horses as part of a business or commercial activity, rather than as a one-off private sale. To identify which category you fall into, consider whether the sale of horses is a regularly repeated exercise for the purpose of making a profit. In the alternative, selling your child’s pony because they have outgrown them, as a one-off sale, would generally not be considered a commercial activity. When Australian Consumer Law applies, the buyer may have certain protections, including around the horse’s quality, condition and whether any known issues were properly disclosed. There is also a requirement that the horse is fit for any disclosed purpose. If a buyer were to advise you that they were looking for a horse for their young, beginner child to take show jumping, and you proceed with the sale, you have an obligation to ensure the horse is suitable for that purpose.  Consumer guarantees apply to most purchases of goods, however there is a monetary threshold of $100,000.00. Purchases exceeding that amount remain covered if they are acquired for personal or domestic use. The sale of highly trained performance horses may exceed the threshold amount, but in the event the horse is being acquired for personal use, the sale will generally still be required to comply with consumer guarantees. As each situation is different, it is important to seek advice about how these obligations may apply to your circumstances. To minimise risk and to prioritise a successful sale, you should make your own enquiries as to the suitability of your horse for a potential buyer. By asking them about their experience and intended use for the horse, particularly in writing, you will minimise the risk of inadvertently selling them an unsuitable horse, and you will be able to evidence your efforts to create a successful partnership. Contract of Sale A properly drafted contract is one of the best ways to minimise risk when selling a horse. By having one, you can ensure that representations made by you are clearly documented, and that the buyer signs to agree to those representations. You cannot contract out of your legal obligations under Australian Consumer Law to describe the horse accurately and correctly, but your contract can ensure there is clear record of what was agreed between the parties. This will include the purchase price and any deposit payable, the buyer’s opportunity to arrange a vet check and trainer assessment prior to purchase, and any conditions around the period between execution and purchase, such as ongoing agistment or a trial period. Your sale contract can also define key terms such as when the purchase price becomes payable, the timing that risk passes from the seller to the buyer, and what will occur if the horse is unsuitable, and the buyer wishes to return it. In many cases, the sale process is not instantaneous, and your contract of sale will provide you protection throughout the time from signing to the horse being collected, and into the future. A contract of sale additionally acts as evidence of ownership in circumstances where the horse may not be otherwise registered to record ownership, or for the time whilst you are waiting for registration to complete. Evidence of ownership may be required to obtain insurance over the horse, to secure agistment in some circumstances, or for resale purposes in the future. Managing buyer enquiries, negotiations and paperwork can feel overwhelming, especially when selling your horse is already an emotional decision. Getting advice early can help you identify risks before they become problems, clearly record what has been agreed, and move through the process with greater confidence and peace of mind. If you are preparing to sell a horse and want to feel confident before finalising the arrangement, contact CJM Lawyers to discuss how we can help. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.

Buying or selling property is a major decision at any time, but in a changing market, the legal details can become even more important. When prices shift, finance conditions tighten, buyer confidence changes or properties take longer to sell, both buyers and sellers may feel pressure to make quick decisions. That pressure can lead to important legal issues being overlooked. A buyer may be tempted to sign a contract before finance is formally approved or before building and pest inspection concerns are resolved or before understanding the effect of special conditions. A seller may accept unusual conditions, a delayed settlement or a request for a price reduction without fully understanding the legal and practical consequences. First home buyers may feel this pressure more strongly. Higher borrowing costs, changing government incentives, transfer duty concessions and broader cost-of-living pressures can make it harder to enter the market, and may lead some buyers to move quickly once they find a suitable property. Even in a competitive market, it is important to understand the contract terms, finance condition, building and pest conditions, any applicable cooling-off periods, special conditions and key dates before signing. This is why legal advice should be considered early in the transaction, not simply at the end before settlement. The contract, disclosure material, special conditions and key dates can all affect your rights, obligations and overall risk. For buyers, the main issue is making sure the contract gives you the protection you need before you commit. Depending on the relevant State or Territory and the terms of the contract, this may include finance approval, building and pest inspections, settlement timing, inclusions and exclusions, special conditions and any disclosure documents that raise concerns. Depending on the State or Territory, buyers may also need to consider any applicable cooling-off rights, whether those rights apply, termination costs or penalties, title issues, easements, covenants, encumbrances, strata, body corporate or owner’s corporation information, transfer duty and available concessions. If these matters are not checked before signing, your options may become limited and important deadlines may be missed. For sellers, the key issue is preparation. In a cautious or competitive market, missing documents, unresolved title issues, strata, body corporate or owner’s corporation matters, easements, unapproved structures, tenancy issues, pool safety requirements or incorrect information can create delay, renegotiation or disputes. Having the contract and disclosure material prepared before listing can help reduce these risks. State-based requirements also need to be considered. Property rules differ across Australia, including cooling-off periods, disclosure obligations, contract requirements and settlement processes. This is particularly relevant for clients buying or selling across the border, or investors purchasing outside their usual location. Recent legal changes have added another layer of risk. In Queensland, the seller disclosure scheme that commenced on 1 August 2025 generally requires sellers to give buyers prescribed disclosure material before a contract is signed, subject to exceptions. Non-compliance may give rise to buyer termination rights before settlement in some circumstances. In New South Wales, prescribed contract notices and warning statements, including cooling-off notices, should be checked to ensure the current form is used. These changes highlight why relying on outdated contracts, templates or assumptions can create unnecessary risk. Requirements in other States and Territories may also differ, so contracts and disclosure documents should be checked for the relevant jurisdiction. Legal advice can also help during negotiation. In a changing market, buyers may seek more time, more protection or a lower price after inspections. Sellers may need to decide whether to accept those requests or negotiate different terms. A lawyer can help you understand what is reasonable, what may create delay or uncertainty and what should be addressed before the contract becomes binding. At CJM Lawyers, our property team can help you identify and manage these issues from the beginning. We can review or prepare contracts, advise on disclosure obligations, explain special conditions, assist with conveyancing and assist with property transactions across Australia, including jurisdiction-specific advice and settlement coordination where required. Our role is to help you understand what you are agreeing to, identify potential problems early and make informed decisions with confidence. Whether you are buying, selling or negotiating contract terms, early legal advice can help reduce the risk of delay, dispute or costly mistakes. If you are planning to buy or sell property in 2026, contact CJM Lawyers to discuss how our property team can assist with your transaction. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.

You’ve decided to buy a business. Sell a property. Or finally restructure the family group the way your accountant has been suggesting for years. You’ve done the hard part. You’ve made the decision and you’re sitting in your solicitor’s office ready to get moving. Instead, you’re asked for your driver’s licence. Then your passport. Then a few questions about who actually owns the company doing the buying, where the deposit money is coming from, and whether anyone else stands to benefit from the deal. If part of you starts wondering whether you’ve done something wrong, you haven’t. What’s changed isn’t you. It’s the law. The short version From 1 July 2026, law firms providing certain legal services became part of Australia’s anti-money laundering regime, the same set of rules banks have operated under for years. Accountants, conveyancers and real estate professionals were brought in at the same time. You might hear it called "Tranche 2", and it’s the biggest expansion of these laws in a generation. In plain terms, your lawyer is now legally required to understand who they’re acting for, who’s really behind a transaction, and where the money involved is coming from. Not because anyone suspects you of anything. Because the law now requires it. The reasoning is fairly simple. Criminals have long used professional services such as lawyers, accountants and agents to move illicit funds through otherwise legitimate-looking transactions. The reforms are designed to make that much harder. So why all the identification? The starting point is knowing who you are. That means sighting identity documents for the people involved in a matter, and for the businesses involved too. It’s the same principle as opening a bank account, just applied to buying a business, transferring property, or establishing and operating through a company or trust. For most clients it’s a five-minute exercise at the start of a matter. Have your identification ready and it barely registers. “But it’s my company. Why do you need to know who owns it?” This is the part that catches people off guard. When you deal through a company or trust, the law requires us to look beyond the entity and identify the real people behind it, the people who ultimately own or control it. It’s called beneficial ownership. If your structure is straightforward, this is usually quick. If it’s a company owned by a trust, controlled by another entity, with a corporate trustee sitting over the top, it can take a little longer to map out. That’s exactly the type of structure the rules are designed to understand. None of this means anything is wrong. It simply means we need to be able to clearly identify who is involved. Where did the money come from? You may also be asked about the source of funds being used in a transaction, and sometimes about the source of your wealth more broadly. For most people the explanation is entirely ordinary: proceeds from another property sale, a business sale, an inheritance, years of savings, or a loan from the bank. Usually it’s a short conversation. Occasionally we may ask for documents to support the explanation. In larger transactions, or where funds have moved through multiple accounts or entities, we may need a little more information to satisfy our legal obligations. Either way, it’s always better to have the conversation early than to have questions arise shortly before settlement. Why it might take a little longer to get started The practical reality is that more work now happens at the very beginning of a matter, before we can properly commence certain services or receive money into trust. It can feel like an extra step between you and getting on with things. The good news is that it’s largely front-loaded. Once it’s completed, the rest of the matter generally progresses the way it always has. How to make it painless Bring current identification for everyone involved. If you’re using a company or trust, make sure you understand the structure or bring the relevant documents with you. If there’s anything unusual about where funds are coming from, mention it early. Speak to us sooner rather than later. The earlier we commence, the easier it is to deal with any compliance requirements in the background. The bottom line We would much rather explain these requirements at the beginning than have you frustrated on settlement day. In reality, a firm that asks these questions properly is a firm doing its job. These processes don’t just protect the financial system. They also help protect clients, businesses and transactions from unnecessary risk. If you’re planning to buy, sell or restructure this financial year, the best thing you can do is speak with us before the transaction gathers momentum. We’ll get the groundwork sorted while things are still quiet, so compliance doesn’t become the reason your transaction stalls. Thinking about a purchase, sale or restructure this year? Have a chat with our commercial team early and we’ll make sure the paperwork is ready to go when you are. Contact CJM Lawyers on 1300 245 299 or commercial@cjmlaw.com.au . Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.

Cast your mind back to when you started your business. Somewhere in those early months you signed a stack of documents: an agreement with your business partner, a few employment contracts, maybe a set of terms and conditions that came from a template or a mate who'd done it before. You signed them, filed them, and got on with the actual work of running the place. When did you last read any of them? For most established businesses, the honest answer is "not since we set up". That's where problems can start. Your business has grown and changed enormously since then. The documents haven't moved an inch. That gap between what your paperwork says and how your business actually runs is exactly where trouble likes to hide. It usually surfaces at the worst possible moment: when a relationship sours, someone falls ill, or a deal falls through. Here are five documents worth reviewing this financial year. 1. Your shareholders' agreement, partnership agreement, constitution or trust deed This is the paperwork that answers the awkward questions nobody wants to ask while everyone's getting along. What happens if a co-owner wants out? If one of you dies? If someone wants to sell their share to an outsider you'd never choose to be in business with? If your business structure has changed over the years, do the documents still reflect reality? If you don't have an agreement at all, and plenty of successful businesses don't, those decisions may ultimately be determined by legislation and default legal rules that were never designed around the way your business operates. If you do have one, but it was drawn up years ago when the business looked completely different, it may no longer reflect who's involved, what the business is worth, or how you'd want things handled today. 2. Your buy/sell agreement (sometimes called business succession agreement / buyout deed) Closely related, and just as easy to forget. A buy/sell agreement sets out what happens to an owner's share if they die or can no longer work, and it's often funded by life or disability insurance taken out years ago. The mechanism only works if the money behind it still stacks up. Business values drift upward. Insurance cover doesn't automatically follow. We regularly see arrangements where the agreement promises one thing and the funding delivers something far short of it. It's worth checking the numbers still line up. 3. Your employment and contractor agreements Workplace laws don't stand still, and neither should your contracts. Recent changes have placed greater focus on the reality of a working relationship rather than simply what the contract says. That means an arrangement that made sense a few years ago may deserve another look today. An out-of-date contract, or a handshake arrangement that was never properly documented, can leave you exposed to disputes about pay, leave, superannuation and other entitlements long after the relationship has ended. It's worth reviewing your casual arrangements too, along with any employment or contractor templates you've been reusing without much thought. What was fine five years ago may not be fine now. 4. Your terms and conditions, and your privacy policy If your business sells, quotes, or collects customer information, particularly online, these documents do more heavy lifting than most owners realise. Good terms and conditions help you get paid, set out what you're responsible for (and what you're not), and give you something solid to stand on when a customer disputes an invoice. Your privacy policy matters more than it used to as well; even where the Privacy Act doesn't strictly apply, customers increasingly expect it. Businesses are facing increasing scrutiny around how they collect, store and use personal information. A privacy policy copied from another website years ago is unlikely to reflect what you're actually doing today. Following the rise in cyber incidents and data breaches, customers and regulators alike expect businesses to understand what information they hold, how it's protected and who has access to it. If your privacy policy doesn't accurately reflect your practices, it's probably time for a review. 5. Your succession plan and powers of attorney Here's a question most owners avoid: what happens to the business if you can't be there to run it, for a fortnight, or for good? Who signs off on EFT payments & wages? Who deals with the bank? Who makes decisions? Who keeps the lights on? For many businesses, key client relationships, banking authorities and operational knowledge sit with one or two people. If that person suddenly becomes unavailable, the disruption can be immediate. For companies, this usually needs to work alongside your constitution as an attorney can't simply step into a director's shoes, which is why the documents need to be designed together. A properly prepared enduring power of attorney, together with a clear succession plan, can help ensure someone has authority to manage key business affairs if you're unable to do so. It's not a pleasant thing to think about, which is exactly why so few people have it sorted. Before moving on, it is worth asking yourself a few simple questions: Do your ownership documents still reflect your current business structure? Have your employment and contractor agreements been reviewed in the last few years? Have your terms and conditions kept pace with the way your business now operates Does your privacy policy accurately reflect how you collect and use personal information? Would someone know how to keep the business running if you were suddenly unavailable? If you answered "no", or even "I'm not sure", to any of those questions, it may be time for a review. Don't try to fix everything at once. If that list feels like a lot, don't worry. You don't need a full legal audit, and you certainly don't need to do everything at once. Pick one document this quarter and have it reviewed. For most established businesses, ownership documents are often the best place to start because they help protect the thing you've spent years building. Many business owners are surprised by how much has changed since those documents were first signed. A short review now is usually far easier, and far less expensive, than dealing with a problem after it arises. The businesses that handle these issues well are not necessarily the ones with the thickest folders. They are the ones that occasionally stop and make sure their paperwork still reflects the reality of how the business operates today. Not sure whether your key business documents still hold up? Pick one and let our commercial team take a look this quarter. A short review now can save a great deal of trouble later. Contact CJM Lawyers on 1300 245 299 or commercial@cjmlaw.com.au . Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.

From 1 July 2026, new Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) laws will apply to accounting and legal practices, including CJM Lawyers. These reforms are designed to help prevent financial crime and bring professional service providers into line with obligations already followed by banks and other financial institutions. For certain services, we will be required to verify your identity before we can commence work. Depending on the engagement, we may ask for photo identification, details of the ownership and control of companies or trusts, and, in some cases, information about the source of funds. We may also complete standard screening checks against government and sanctions databases where required by law. If you are an existing client, there is nothing you need to do at this stage. These requirements will generally apply when you engage us for a new matter or service covered by the legislation. When verification is required, our team will guide you through the simple and secure online process. Your privacy remains important to us. Any information collected will be handled securely and used only to meet our legal obligations. If you have any questions about these changes, do not hesitate to reach out to us for further assistance. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.

So you have a debtor owing funds that have remained outstanding for months, and they have now gone completely silent. Engaging CJM Lawyers may be the next step in the right direction towards recovering your funds. Step 1: Final Demand Engaging a solicitor to issue a final letter of demand can sometimes be the first and last step in debt recovery. A solicitor will review the dispute, assess the strength of your claim, and issue a formal demand on your behalf through multiple channels, placing the debtor on clear notice of the seriousness of the matter. At this stage, most debtors will either pay the outstanding amount or re-engage in communication. When a debtor remains unresponsive, this can be frustrating; however, it is often simply the beginning of a structured recovery process. Step 2: Commence Proceedings Depending on the amount of the debt, commencing legal proceedings may be the next appropriate step where a debtor becomes unresponsive. We will help you assess the commercial viability of commencing proceedings based on a variety of factors including: debt amount; debtor responsiveness; the debtor’s assets and location; and timeframe for recovery. To commence proceedings, your solicitor will prepare a Claim and Statement of Claim and file these documents in the relevant Court. The complexity of the matter, as well as the supporting evidence available, will influence the framing of the claim, ranging from straightforward breaches of contract to more complex causes of action. The costs of commencing proceedings should always be considered and discussed with your solicitor to ensure the recovery action remains commercially viable. Once filed, the documents must be served on the debtor: for a company, service is typically affected by posting to its registered office; for an individual, a process server is engaged to affect personal service. Step 3: Default Judgment Once served, the debtor has 28 days in the Queensland courts to file and serve a Notice of Intention to Defend. In cases involving a silent debtor, no response is often received. After the 28-day period expires, your solicitor can apply for default judgment without the need for a court hearing. Once judgment is entered, you have six years to enforce the judgment debt. Step 4: Enforcement There are various avenues available to enforce judgment debt. If the debtor’s financial position is unknown, a Statement of Financial Position may be served, requiring them to disclose relevant financial information and documentation to assist in determining the most appropriate enforcement pathway. If they fail to comply, an enforcement hearing may be listed, at which the debtor’s attendance is compulsory. Failure to attend can result in serious consequences, including a warrant for arrest to attend the hearing. Where the debtor’s financial position is known, enforcement may proceed through several mechanisms, including bankruptcy proceedings, warrants for seizure and sale of property, redirection of debts, or garnishee orders against earnings or bank accounts. Your solicitor will assist in determining the most effective enforcement strategy based on the circumstances. Conclusion If your debtor has gone silent, it is not the end of the road for recovery. Seeking legal advice can help you assess the most appropriate recovery pathway, weighing up cost, risk, and commercial viability. It is always important to remember that litigation is inherently volatile and engaging a solicitor will help you assess the costs and benefits of this recovery route. Speak to our Litigation and Disputes Team at CJM Lawyers today, and we will work with you to determine the most effective course of action to recover your funds. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.

If you have a Will that includes a testamentary trust (or if you've been thinking about adding one) you may have seen some concerning headlines following the recent Federal Budget. Here's what you actually need to know. Do You Have Anything To Worry About Right Now? The Government has announced a policy intention, not a law. No legislation has been drafted, and what's finally passed by Parliament may look quite different to what's been announced. Should You Hold Off Setting Up A Testamentary Trust? If you already have a will with a testamentary trust, you're in a good position. No action needed right now. If you've been meaning to update your will or add a testamentary trust, this is a good prompt to get it done. Come and speak with us so we can structure it in the most effective way given the current landscape. If you're looking to set up a new discretionary testamentary trust, contact us before proceeding. We can make sure you're across your options and structured appropriately. Should You Come In For A Review Right Now? Not urgently - but if your will is overdue for a review anyway, now is a sensible time. We can make sure your documents are in good shape and flag anything worth keeping an eye on. What Should You Do In The Meantime? No action is required at this stage. We are closely monitoring the legislative process and will issue updates as things develop. In the meantime, we'd also encourage you to have a conversation with your accountant or financial adviser, as these changes touch on both legal and tax planning, and a combined approach will serve you best. If It Does Pass – What Does It Mean? A minimum 30% tax would apply to income distributed from new discretionary testamentary trusts established after the legislation takes effect (May 12, 2026). Fixed testamentary trusts are excluded from the proposed changes. If and when legislation is passed, we'll be in touch to walk you through what it means for your specific situation and what your options are. Why Might It Not Pass Its Current Form? Because right now it's a proposal, not a law. The legislation still needs to be drafted, introduced to Parliament, debated, and go through a consultation process where industry and the public can have their say. This process commonly results in significant amendments, and sometimes measures don't proceed at all. We'll keep you informed every step of the way. Have questions in the meantime? We're happy to help. Call us on 1300 245 299 or reply directly to this email. This communication is intended as general information only and does not constitute legal or tax advice. Your personal circumstances will determine how any changes may affect you, and we recommend seeking advice from both your solicitor and a registered tax agent before taking any action. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.

Thinking of employing a skilled worker, or working for someone with your skills, but do not currently hold a visa to work in Australia? An Employer-Sponsored Visa may help resolve this dilemma. The Employer-Sponsored Visa program allows Australian employers to nominate overseas workers for positions that cannot easily be filled by local employees. For many migrants, an employer-sponsored visa provides a pathway to long-term employment and, in some cases, permanent residency. However, navigating the requirements, obligations, and eligibility criteria of these visas can be complex for both employers and applicants. We are able to help you through the whole journey from sponsorship to visa application. The Employer-Sponsored Visa program includes three main visa subclasses: subclass 482, subclass 494, and subclass 186. Each visa subclass has different requirements in relation to the nominated occupation, employment location, the applicant’s work experience and English skills. Given the frequent updates to policies and requirements, navigating this visa pathway can become complex and overwhelming. If you are considering whether any of the visa subclasses are suitable for your circumstances, now is the time to seek the right guidance. Our experienced solicitors in our Immigration team are ready to assist you at every stage, from initial eligibility assessment through to application and compliance, ensuring a smooth, efficient process while minimising risk and stress. Book an initial consultation with Coco Zu to discuss your situation, explore your options, and settle on a strategic plan tailored to your needs. With the right legal support and guidance from the start, CJM Lawyers can make all the difference to your future in Australia. Contact our office on 1300 245 299 or email info@cjmlaw.com.au to get started now!  Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.