McCarthy Durie Lawyers

McCarthy Durie Lawyers MDL are your legal process managers.

Whatever your circumstances, we navigate you through the process, liaising with and managing other services, and service providers, as required. We are a full service law firm which has provided comprehensive legal services to individuals, businesses and organisations across Brisbane City, the Redlands, Sunshine Coast and surrounding suburbs for over 40 years. Whether you need expert legal assista

nce with a personal, professional, commercial or criminal matter, our experienced Brisbane-based lawyers are here to help. As a full service Brisbane law firm, we have specialist family, divorce and child custody lawyers, commercial and business litigation lawyers, property and conveyancing lawyers, employment and immigration lawyers, criminal and traffic infringement lawyers, and many more legal specialists in our team. The legal services we can assist you with include: Commercial litigation, commercial law, property, conveyancing, corporate structures, family, building and construction, wills and estate planning, estate litigation, mortgages and securities and more.

A business structure can work well at one stage and create questions at the next. Before making changes, consider: who o...
01/08/2026

A business structure can work well at one stage and create questions at the next. Before making changes, consider: who owns the business, who makes decisions, how responsibilities are shared, and whether the structure still suits your plans. A practical review can help clarify what to discuss next. What change has prompted you to review your structure?

Book a no-obligation business structure consultation with McCarthy Durie Lawyers.

Buying or selling property in Brisbane? The local detail can matter. Council records, planning considerations, easements...
31/07/2026

Buying or selling property in Brisbane? The local detail can matter. Council records, planning considerations, easements and the surrounding area may all raise questions during a transaction. A conveyancing lawyer who understands the Brisbane property landscape can help you identify the issues worth checking and explain the next steps in plain English. What local property detail would you want clarified before settlement?

Visit the McCarthy Durie Lawyers conveyancing page to learn more or book a no-obligation conversation.

Can a Creditor Freeze Assets Held in a Family Trust the Debtor Controls?Short answer: Yes. In Filippini v Keystone Asset...
06/07/2026

Can a Creditor Freeze Assets Held in a Family Trust the Debtor Controls?

Short answer: Yes. In Filippini v Keystone Asset Management Limited [2026] FCAFC 71 (22 May 2026), the Full Federal Court of Australia confirmed that a discretionary family trust is not a safe harbour for a judgment debtor who controls it. Where the debtor pulls the strings, acting as appointor with the power to hand themselves the trust's income and capital, a court can freeze the trust's assets to protect a creditor's eventual judgment. Control, not legal ownership, is what counts.

Read the full article to see how the Court got there, and why it matters https://www.mdl.com.au/news/can-a-creditor-freeze-assets-held-in-a-family-trust-the-debtor-controls-the-full-federal-court-says-yes

25/05/2026

Could a second mortgagee hold up your project?

In this video, Nathan Hardman explains why flexibility in a deed of priority can be critical for first mortgagees.

If the original loan advance is not enough to complete a project, the first mortgagee may need the ability to increase the priority amount. Without that protection, the second mortgagee may be able to restrict or delay the funding needed to get the project finished.

Nathan Hardman is a Director at McCarthy Durie Lawyers’ Brisbane office and leads the firm’s Mortgages and Securities team. With more than 20 years of experience in property and securities law, Nathan advises financiers and arrangers on complex loan transactions, securities matters, pre-enforcement strategies and work-out solutions.

McCarthy Durie Lawyers is a locally owned, full-service Brisbane law firm with a dedicated Mortgages and Securities team acting for mortgage funds, financial institutions and lenders across Australia.

If you need advice on deeds of priority, mortgage security documents or development finance arrangements, MDL can assist.

https://www.mdl.com.au/business-and-commercial-law

What happens if you die without a Will in Queensland?Many people assume their spouse will automatically receive everythi...
25/05/2026

What happens if you die without a Will in Queensland?

Many people assume their spouse will automatically receive everything. That is not always the case.

If you die without a valid Will, Queensland intestacy laws decide how your estate is divided. Your assets may be split between your spouse and children, including children under 18 whose inheritance may need to be held on trust until they become adults.

This can create unexpected financial pressure for the people you leave behind, especially where a family home, mortgage, young children, blended family, or business is involved.

A properly drafted Will helps make your wishes clear, protects your loved ones, and reduces the risk of confusion or conflict.

If you do not have a Will, or your circumstances have changed, now is a good time to review your estate planning.

Read the full article: https://www.mdl.com.au/news/what-happens-if-you-die-without-a-will-in-queensland-understanding-the-rules-of-intestacy

Contact McCarthy Durie Lawyers to speak with our experienced Wills and Estates team.

Not sure where to start with your property settlement?For May and June 2026 only, McCarthy Durie Lawyers is offering a f...
01/05/2026

Not sure where to start with your property settlement?

For May and June 2026 only, McCarthy Durie Lawyers is offering a free 30-minute initial consultation for family law property settlement matters (general advice and information only).

If you are separating, recently separated, or unsure what your next step should be, this consultation can help you understand the process and your options.

Appointments are limited. Contact us to book your free 30-minute consultation with one of our experienced Family Law lawyers.

https://www.mdl.com.au/online-enquiries

Big changes are coming to Queensland trust law.From 28 April 2026, the new Trusts Act 2025 (Qld) will replace the curren...
13/04/2026

Big changes are coming to Queensland trust law.

From 28 April 2026, the new Trusts Act 2025 (Qld) will replace the current legislation, bringing major updates for trustees and beneficiaries. These changes include clearer trustee duties, broader decision-making powers, easier trustee replacement in some situations, stronger beneficiary support, and simpler dispute resolution for smaller matters.

If you’re involved in a trust, now is the time to review your structure and make sure it still works for you under the new rules.

www.mdl.com.au/news/big-changes-coming-queensland-trust-law

To discuss how these changes may affect your circumstances, contact the Estate Planning team at McCarthy Durie Lawyers on 07 3370 5100 or email [email protected].

This post is general information only and should not be relied on as legal advice.

Thinking about using your SMSF to buy property? Read this before you do.It’s one of the most heavily marketed wealth str...
07/04/2026

Thinking about using your SMSF to buy property? Read this before you do.

It’s one of the most heavily marketed wealth strategies in Australia, but the legal rules around SMSFs and property are far stricter than most people realise.

From related party restrictions and in-house asset rules to borrowing through an LRBA, one wrong move can lead to serious penalties, tax consequences, or even trustee disqualification.

Before you jump in, make sure you understand what an SMSF can actually do, what it cannot do, and where the biggest risks sit.

Andrew Pye breaks down the key legal requirements, common misconceptions, and major traps to watch for in this practical guide.

https://www.mdl.com.au/news/m7w9dh015k4b36q0pbkobh7n0bukak

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Brisbane City, QLD
4000

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