Legal Glossary & Knowledge Base — Brookwater Legal

Legal information shouldn’t be difficult to understand. Our team at Brookwater Legal came up with this resource that explains commonly used legal terms and processes without the jargon, specifically within the Queensland legal system. 

If you’re separating from a partner, starting a business, or managing a loved one’s estate, these definitions and FAQs may offer clarity to help you move forward with confidence. However, this knowledge base page is not a substitute for professional legal advice. If you require guidance specific to your circumstances, it is important to speak directly with a qualified solicitor.

Family Law

Family law governs how legal matters are handled when spousal relationships change or break down. This includes parenting arrangements, division of property, financial support, and protection against family violence. 

Family law is primarily regulated by the Family Law Act 1975 (Cth), which applies to both married and de facto couples. Whether you’re working with a private lawyer, a community legal centre, or a family law mediator, understanding the basic principles can help clarify your options and rights during emotionally challenging times.

Do I have to go to court for parenting or property matters?

Not always. Many matters are resolved via negotiation or mediation. Court is generally a last resort.

How long do I have to apply for a property settlement?

Married couples have 12 months from the date of divorce. De facto couples have two years from separation.

Can a parenting plan be enforced by the court?

No. Parenting plans are not legally binding. To make it enforceable, you must apply for parenting orders. If an agreement has been reached, this can be filed as consent orders. This means an actual attendance at court is not required.

Commercial Law

Commercial law refers to the legal rules that govern business operations, including how businesses are structured, how contracts are formed and enforced, and how disputes are resolved.

This area is shaped by state laws and Commonwealth legislation such as the Corporations Act 2001 (Cth) and the Australian Consumer Law. Whether you’re starting a business, buying or selling a business, hiring staff, entering into agreements, or dealing with shareholders, getting legal advice from experienced commercial lawyers can help reduce risk and ensure compliance — regardless of the firm or service provider you work with.

Do I need a shareholders’ agreement if I already have a company constitution?

Yes, this is generally recommended. A constitution covers internal rules, while a shareholders agreement sets expectations and dispute resolution processes between shareholders.

Are verbal agreements enforceable in Queensland?

In many cases, yes. However, written contracts are easier to prove and enforce. Note that for many agreements relating to real estate, an agreement will only be enforceable if it is in writing.

Do all businesses need an ABN?

Any business operating in Queensland should register for an Australian Business Number (ABN). It’s required for invoicing, GST, and business banking.

Property & Business Conveyancing

Conveyancing is the legal process of buying, selling, or transferring real estate. This area of law includes, but is not limited to, interpreting the REIQ Contract of Sale, conducting title, council and other government searches, and coordinating settlement. Both residential and commercial transactions must follow local laws like the Property Law Act 1974 (QLD) and the Land Title Act 1994 (QLD). 

If you’re engaging a solicitor or a conveyancer, understanding the relevant steps in conveyancing can help you protect your interests throughout the property process.

Can I terminate a property contract after signing?

Yes, if it is a residential property contract and you are terminating during the cooling off period. If you terminate under the cooling off provisions, a penalty of 0.25% of the purchase price usually applies.

Is a solicitor required for conveyancing in Queensland?

Yes. In Queensland all conveyancing is regarded as legal work and therefore it must be carried out by a legal practitioner. Generally in Queensland most solicitors will employ conveyancing paralegals to assist with the conveyancing process and they will act under the supervision of a solicitor.

Do I need building and pest conditions in my contract?

It’s highly recommended. Without them, you may not be able to terminate if issues arise after signing.

Income Protection & Succession Planning

Succession planning involves preparing legal documents that protect your finances, healthcare preferences, and estate if you’re incapacitated or pass away. Typical documents include a valid will, an Enduring Power of Attorney (EPOA), and Advance Health Directives. 

Governed by the Succession Act 1981 (QLD) and the Powers of Attorney Act 1998 (QLD), these tools are essential for ensuring your wishes are legally respected. Whether you consult a solicitor, use a legal document service, or attend a community workshop, early estate planning can reduce stress for you and your family later on.

What happens if someone dies without a will in Queensland?

Their estate is distributed according to a strict order set out in the Succession Act. Spouses, children, and other relatives may inherit, depending on who survives the deceased.

Is a DIY will valid in Queensland?

Yes, if correctly signed and witnessed. But poorly written wills can be challenged or cause confusion. Legal advice is recommended.

Can one person hold both EPOA and executor roles?

Yes. It’s common, but it must be someone you trust implicitly, as both roles involve significant responsibility.

Mediation Services

Mediation is a structured negotiation process led by an independent third party — the mediator — who helps participants reach a voluntary agreement. It’s commonly used in parenting disputes, small business disagreements, and employment matters. 

In family law, mediation (or Family Dispute Resolution) is required before many court applications can proceed, under the Family Law Act 1975 (Cth). Mediation can be organised privately or through services like Relationships Australia or Legal Aid Queensland. It’s not about choosing a side. It’s about helping parties find common ground without litigation.

Do you have to attend mediation before court?

Yes, for most family law parenting cases. A certificate from an accredited Family Dispute Resolution practitioner is required before filing in court.

Is mediation legally binding?

Not by itself. The outcome can be turned into a binding agreement, such as a consent order or deed.

Are lawyers required at mediation?

No, however it is recommended. Many people also consult with a lawyer before or after mediation to understand their rights or review proposed agreements.

General Legal Terms

Advance Health Directive — A document outlining your preferences for future health care. It applies if you lose decision-making capacity and is binding on medical professionals.

Affidavit — A written statement sworn or affirmed as true, used as evidence in court.

Binding Financial Agreement — A private, legally recognised agreement under the Family Law Act outlining how property and finances will be divided. Both parties must receive independent legal advice for it to be valid.

Breach of Contract — Failure to fulfil obligations set out in a legally binding agreement.

Business Structure — Common options in Queensland include sole trader, partnership, company, and discretionary or unit trusts. The structure affects tax, liability, and regulatory obligations.

Caveat — A legal notice lodged to protect an interest in land, preventing any transactions until the matter is resolved.

Common Law — Law developed through court decisions rather than statutes.

Confidentiality Agreement — A document signed by parties before mediation or during commercial negotiations to ensure privacy of discussions.

Consent Order — A court-issued order that formalises an agreement on property or parenting. It has the same legal effect as a court order made after a hearing.

Conveyancing — The legal process of transferring property ownership from one person or entity to another. It includes searches, contract review, and managing settlement.

Contract of Sale — The agreement between buyer and seller. In Queensland, the REIQ contract is commonly used for property and small business sales.

Contract Review — A legal assessment to determine whether a contract protects your interests, complies with Australian law, and carries hidden risks.

Cooling-Off Period — A buyer has five business days to terminate a residential contract in Queensland. This can be waived, but only if it is in writing.

De Facto Relationship — A couple living together on a genuine domestic basis. De facto couples have similar rights and obligations as married couples under the Family Law Act.

Director’s Duties — Legal obligations under the Corporations Act 2001, including acting in good faith, avoiding conflicts of interest, and ensuring the company doesn’t trade while insolvent.

Due Diligence — The process of carefully reviewing all relevant information before entering into a legal agreement or transaction.

Easement — A legal right over another person’s land, often for drainage, access, or shared driveways.

Enduring Power of Attorney (EPOA) — Allows someone to make financial and/or personal decisions on your behalf if you lose capacity.

Executor — The person nominated in a will to manage your estate. They apply for probate, attend to any debts and tax issues and distribute assets.

Family Dispute Resolution (FDR) — A compulsory process for parenting disputes before applying to the Family Court. FDR is provided by organisations like Relationships Australia or private mediators.

Grant of Probate — A court-issued document confirming the will is valid and the executor has authority to act.

Indemnity — A promise to compensate someone for loss or damage arising from a particular event.

Injunction — A court order that requires a person to do or stop doing something.

Intellectual Property (IP) — Refers to creations of the mind such as inventions, brand names, written content, logos, software, and designs. In Australia, IP is protected under various laws through mechanisms like trade marks, copyright, patents, and registered designs, helping creators control and benefit from their work.

Jurisdiction — The legal authority a court or tribunal has to hear a case.

Litigation — The process of taking a legal dispute to court.

Mediation — A structured process where a neutral facilitator helps parties resolve disputes. Used in family, workplace, and business matters.

Mediator — A trained, impartial professional. Accredited mediators in Queensland are registered with organisations like the Queensland Law Society or Resolution Institute.

Negligence — A failure to take reasonable care that causes harm to another person.

Non-Disclosure Agreement (NDA) — Used to protect confidential information, particularly in early-stage business discussions, employment contracts, or when sharing trade secrets.

Parental Responsibility — Refers to the authority to make long-term decisions about a child’s welfare. Australian law presumes both parents share this responsibility unless the court decides otherwise.

Parenting Plan — A written agreement about parenting arrangements, not legally enforceable unless turned into a consent order.

Property Settlement — The legal process of dividing the property, superannuation, and debts of a relationship which has ended. The Court considers contributions, future needs and other factors, and it is not necessarily a 50/50 split.

Settlement Date — The day when funds are transferred, documents are lodged, and ownership of property is officially registered.

Shareholders Agreement — A contract that governs the relationship between shareholders in a company. While not legally required, it’s strongly recommended.

Spousal Maintenance — In certain cases, one party may be required to financially support the other after separation, if the other cannot meet reasonable expenses and the payer can afford to do so.

Statutory Declaration — A written statement declared to be true in the presence of an authorised witness, used for legal purposes where affidavits are not required.

Subpoena — A court order requiring someone to appear or produce documents.

Testator — The person making the will.

Title Search — A search that confirms ownership and shows any encumbrances of real property (mortgages, caveats, easements, etc.).

Vicarious Liability — Legal responsibility imposed on one party for the actions of another, such as an employer being liable for acts of an employee.

Will — A legal document stating how your assets should be distributed. Queensland courts require that it be signed, witnessed, and clearly express your intentions.

Without Prejudice — Means statements made in mediation or negotiation cannot later be used in court, encouraging open discussion.