Estate Planning
Family Law
Franchising
Industrial Relations
Intellectual Property
Leasing
Mortgages
Partnership Law
Personal Injuries

If you are either a unit owner, occupier, member of a body corporate or reside in a property run by one, then it is likely that body corporate law will ultimately be an issue that will confront you.

We can assist you with:

• Management of a Body Corporate;
• Administration of a Body Corporate;
• Repair and maintenance of the common property of a body corporate;
• Insurance issues;
• Compliance with regulations and rules affecting a Body Corporate;
• Dealing with Body Corporate disputes.

commercial@butlermcdermott.com.au

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BUILDING AND CONSTRUCTION LAW  

We can provide you with assistance in formulating and drafting building or construction contracts as well as dispute resolution and litigation in the unfortunate event of problems arising out of such contracts.  We can assist you in enforcing your rights and defending claims.

We ensure that we remain up to date in relation to all aspects of the relevant legislation including the Queensland Building Services Authority Act, Domestic Building Contracts Act, Subcontractors Charges Act and the Building and Construction Industry Payments Act.  As a result we can provide you with comprehensive advice in relation to both residential and commercial construction issues.

building@butlermcdermott.com.au

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BUSINESS TRANSACTIONS  

We recognise the importance of the effective workings of a business which are critical to its survival.  We can assist you with all legal aspects of your business operations including those pertaining to commencement and maintenance of a business. 

We can advise you on relevant business planning options as well as business solutions.

commercial@butlermcdermott.com.au

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CRIMINAL LAW  

We can represent you whether you have been accused or charged with a crime, traffic or other offence or if you are a victim of a crime.

While such representation may involve court proceedings it is necessary to seek legal assistance as early as possible so that we can ensure all of your rights and interests are protected and that any allegations made against you are dealt with as quickly and effectively as possible.   

You should be aware that you are not required to provide police or investigators with any information and should you be contacted by the police you should immediately exercise your right to contact a member of our firm. 

criminal@butlermcdermott.com.au

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We pride ourselves on our dedication to resolving civil legal disputes.  Whether it is in relation to:

• The recovery of a debt which is owed to you large or small;
• A contract that you wish to enforce;
• Loss that you have suffered as a result of the negligence of someone else;
• Defamation;
• The defence of an action brought against you;

You should contact us to ascertain your rights.
This may involve alternative dispute resolution including mediation or court proceedings.  We can advise you as to the most efficient and cost effective way to try to resolve your dispute.

litigation@butlermcdermott.com.au

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The Commercial and Consumer Tribunal deals with issues relating to:

• Building Disputes;
• Property Agents and Motor Dealers;
• Retirement Villages;
• Liquor Licences.

commercial@butlermcdermott.com.au

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• Subcontract Agreements;
• Employment Agreements;
• Joint Venture Agreements.

commercial@butlermcdermott.com.au

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The term “conveyancing” refers to the buying and selling of property. 

Home ownership is one of the most important financial decisions in one’s lifetime.  We provide legal assistance and advice in all facets of conveyancing in order to reduce unnecessary worry.  We attend to all conveyancing matters including:

• House, Unit and Land purchase and sales;
• Commercial Property transfers;
• Farms;
• Businesses;
• Transfer of shares in companies and unit trusts.

We recommend that you consult us prior to signing any documents.

We act on your behalf from start to finish including drafting of contracts and associated documents, conducting searches, completion of necessary transfers and other documents, liaising with other parties, banks, mortgagees and brokers, attending settlements and registering of all dealings.

conveyancing@butlermcdermott.com.au

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Protection of the environment is an extremely important issue.  We recognise this and can provide you with up to date advice in relation to legislation relevant to environmental protection.

We also understand that development is vital, particularly in a continually expanding Sunshine Coast area.  For that reason we maintain an interest in seeing sustainable development sympathetic to environmental impacts.

environmental@butlermcdermott.com.au

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It is necessary in the making of a will that you take into consideration various factors in addition to the distribution of your assets in accordance with your wishes upon your death.  We can assist you with the identification and consideration of such issues including legal obligations and taxation issues in succession law. 

Proper estate planning may involve the establishment of testamentary trusts or life estates. A testamentary trust is when an asset (eg. cash) must be held on behalf of a beneficiary who for whatever reason cannot yet receive it themselves.  The trustee holds the asset on behalf of the beneficiary until it can be paid to them.  In the case of cash it would be invested.

In the absence of proper estate planning your family members could be left with unwanted burden in difficult times.  We accordingly recommend that you speak to us about the ways you can avoid that.

estates@butlermcdermott.com.au

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Whether your issue relates to a divorce, de facto relationship, property settlement, children’s matter, spousal maintenance, child maintenance, disputes with a partner, parent, child or any matter relating to the family unit, it is a matter in which we can assist.

We are also able to provide specialised assistance in respect of recent legislation which effect rights and obligations relating to superannuation entitlements of parties involved in family law property settlements. 
In most cases it is necessary to act swiftly in order to protect your rights so you should us to discuss your entitlements.

family@butlermcdermott.com.au

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FRANCHISING 

In an era where retailing is constantly evolving and highly competitive the opportunities associated with franchising are significant.

We can provide you with legal advice in relation to the establishment or purchase of a franchise.  We can tell you about your rights and obligations whether as a franchisor or franchisee.  We can also assist with the management of a franchise and the sale or assignment of the franchise. 

commercial@butlermcdermott.com.au



INDUSTRIAL RELATIONS  

We can provide you with assistance whether you are an employer or an employee.  Our areas of advice include:

• Unfair Dismissal;
• Underpayment of wages;
• Redundancies;
• Employment Contracts;
• Awards and Australian Workplace Agreements.

litigation@butlermcdermott.com.au

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INTELLECTUAL PROPERTY  

The term “intellectual property” refers to the ownership of ideas, designs, artistic and literary works, manufacturing processes, new or unique products and trademarks.

We can assist in providing legal advice in relation to preliminary issues arising out of intellectual property rights, including copyright, patents and trademarks.  If you wish to register a trademark or patent then we can act on your behalf to engage appropriate experts to protect your rights.

If you are entering into negotiations for the sale or other contractual obligation relating to a matter that is your intellectual property then we can assist with the provision of confidentiality agreements before you disclose the details of your idea, design or other property.  You should ensure that you speak to us first to avoid any risk that you lose any intellectual proprietary rights.

intellectual@butlermcdermott.com.au

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LEASING  

We assist clients in all forms of leasing and have many landlord and tenant clients.  We advise on all forms of leasing including:

• Retail Shop Leases;
• Commercial Leases;
• Residential Tenancies for Houses and Units;
• Farm and Rural Leases.

commercial@butlermcdermott.com.au

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MORTGAGES  


A mortgage is a registered security over your property.  Before you allow a mortgage to be registered on your property it is essential that you fully understand your rights and obligations under the mortgage.  We can provide independent legal advice in relation to mortgage documents as required by many financial institutions.
If you are loaning money or are owed money you may want to think about obtaining security for that debt by registering a mortgage to protect yourself to ensure that you are repaid.  We can prepare all necessary documents and attend to registration on your behalf.

If there is a default under a mortgage then we can tell you what your rights are to ensure that a mortgagee discharges its obligations in relation to a forced sale of your property if that eventuates.

commercial@butlermcdermott.com.au

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PARTNERSHIP LAW 

To reduce the potential for costly disputes it is important to think about the terms of an agreement when entering into a business partnership and to get those terms put in writing so all parties are aware of their rights.  If you spend a little time at the beginning to think about what you want to happen in the event of certain future occurrences and decide how those matters are to be dealt with you will give yourself peace of mind that your investment is protected.

We can give you advice in relation to the best way to form a partnership and what to do in the event of disputes and dissolution of a partnership.

commercial@butlermcdermott.com.au

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PERSONAL INJURIES LAW  

If you are injured and another person is at fault you may be able to claim compensation.  Strict time limits apply and it is therefore important that you speak to us as soon as possible so that we can ensure your interests are protected.

We regularly pursue claims in respect of:

• Workplace accidents;
• Motor vehicle accidents;
• Public liability claims (such as a slip on a supermarket floor);
• Criminal Compensation;
• Medical Negligence.

In certain cases we can assist in getting an insurer to pay for rehabilitation expenses so contact us to discuss.

injuries@butlermcdermott.com.au

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POWERS OF ATTORNEY  

An Enduring Power of Attorney allows you to appoint one or more individuals to act on your behalf under certain circumstances.  The person making the Enduring Power of Attorney is referred to as the principal, and the person appointed is known as the attorney.

Under the Powers of Attorney Act the principal may appoint an attorney for financial issues or for personal/health issues.  He or she may appoint the same attorney/s for both issues or different attorneys for each.

An attorney can only make decisions about a principal’s health care and general welfare if the principal does not have the capacity to do so.

An Enduring Power of Attorney ‘endures’ even after a principal has lost capacity to make decisions, whether that be a permanent or temporary loss. 

A General Power of Attorney is valid only whilst the principal has power to make decisions for themselves, and would usually be used for specific purposes.  For example it may be short term whilst the principal is travelling, or it may be used for business or company purposes. 

Contact us if you require assistance in the:

• Preparation of a Power of Attorney;
• Amendment or revocation of a Power of Attorney;
• Determination of rights regarding the obligations arising from a Power of Attorney.

attorney@butlermcdermott.com.au

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PLANNING AND ENVIRONMENT  

Whether you are a developer, resident or interested member of the community we can advise in relation to many aspects of development applications to Council including:

• Legal aspects of Development Applications;
• Making submissions (objections) against Development Applications;
• Appeals to the Planning & Environment Court against a decision of Council;

Strict time limits apply in relation to the lodgment of submissions and appeals.  It is important that you speak to us at an early opportunity to ensure that we can protect your interests, which may involve the engagement of expert consultants to advise in specialised areas.

planning@butlermcdermott.com.au

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RESUMPTIONS  

There are circumstances in which governmental authorities can resume (compulsorily acquire) part or all of your property.  We can tell you what rights you have to object to resumption.

If a resumption is to proceed then you may be entitled to compensation.  It is important to receive proper advice in relation to the calculation of you compensation entitlements, your rights to negotiate and appeal if you disagree with what is being offered by the governmental authority.
We regularly:

• Prepare objections to resumptions;
• Prepare submissions in support of claims for compensation;
• Negotiate settlement of claims for compensation;
• Prepare applications to the Land Court in respect of the determination of compensation entitlements.

resumption@butlermcdermott.com.au

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RETIREMENT VILLAGES  

Retirement should be a stress free period of life.  Before entering a Retirement Village you should consult us so we can review you residence contract and make sure there are no hidden traps.

We can advise you of the implications of the Retirement Villages Act insofar as it relates to and regulate your relationship with your scheme operator.  It is important that you understand that you do have rights to challenge decisions that are made and the legislation encourages the participation of residents in the operation of their village.  Open communication with your scheme operator should be expected and in the event of disputes, a process of dispute notification and mediation is prescribed.

We have assisted many residents to fight to ensure they maintain their rights in a fair and equitable way.
We can also assist in:

• Implications of entering into a residence contract in relation to stamp duty and GST;
• Matters relating to service fees and levies and the proper methods of calculation thereof;
• Refurbishment and Capital Replacement costs;
• Termination of residence contracts and vacation of retirement village premises.

retirementvillage@butlermcdermott.com.au

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SPORTING TRIBUNALS 

Our extensive community commitment and the dedication to sport gives the us a head start in the area of sports law.  We can assist you or your sporting club with legal advice in relation to its formation and incorporation as well as its exposure to liability.

We have acted in appeals to the Queensland Racing Tribunal and also provided advices in respect of alleged breaches of the Queensland Turf Club Rules for both jockeys and trainers.

We can assist all types of sporting clubs and associations in relation to:

• Drafting and interpretation of Constitutions;
• Bringing or defending claims;
• Dispute Resolution, including membership and spectator rights and entitlements.

sports@butlermcdermott.com.au

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TRADE PRACTICES  

The Trade Practices Act provides remedies for consumer protection in certain circumstances.  Most significantly, if a company engages in misleading and deceptive conduct which causes you to suffer loss then you may be entitled to compensation.

Also, if a company takes unfair advantage of a vulnerable consumer that conduct may be unconscionable and give rise to a claim for compensation.  Restrictions also apply to a companies ability to engage in anti-competitive or restrictive trade practices in relation to which the ACCC has jurisdiction.

If you feel that you may have entitlements arising from those provisions then you should discuss your matter with us.

litigation@butlermcdermott.com.au

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TRUSTS  

A trust is a vehicle by which assets may be held which is distinct from having a personal beneficial interest.  Common types of trusts are Unit Trusts and Discretionary Trusts.  The implications of a Trust can be quite complex and you should talk to us about:

• Preparation of Trust Deeds and establishment of a Trust;
• Amendment of Trust Deeds including the addition, deletion or substitution of beneficiaries and trustees;
• Protection of assets involved in Trusts;
• Enforcement of benefits arising from Trust Deeds.

trusts@butlermcdermott.com.au

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WILLS AND ESTATES  

The making of a will can be one of the most crucial legal acts of your lifetime.  We can provide you with advice to ensure that your wishes are carried out after you pass away.  While it is not a legal requirement that you have one, a proper will should assist in preventing any unwanted financial difficulties that may arise where there is no will and disputes arise.

Wills can be varied once they have been made and it is thus not necessary that you make final decisions now that you must abide by for the remainder of your lifetime.  You can simply come back and see us should the need arise.

The legalities associated with succession do not cease upon your death.  Various issues may arise in the execution of a will.  If you are appointed executor of someone’s will or you are otherwise involved in an estate, you should seek our advice in order to ensure your role is performed effectively.

Providing for how your estate is to be dealt with may also include important provisions regarding companies and entities that you may have dealings with in your lifetime.

estates@butlermcdermott.com.au

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