Updates & Insights

This article was written by Simone Garcia, Legal Practitioner at W & G Lawyers. For further information about Simone Garcia’s professional background, legal experience, and areas of practice, please click on her name to view her full profile.

Across South East Queensland, a booming housing option is being marketed under a variety of appealing names: “over-50s resorts”, “lifestyle villages”, “land lease communities”, “active living estates”. The brochures promise resort-style facilities, community spirit, low maintenance living, and financial freedom in retirement.

What the brochures do not always make clear is the legal framework you are actually entering — and the significant long-term financial and legal obligations that come with it.

This article explains how these arrangements work, what the risks are, and why obtaining independent legal advice before signing is not just a good idea — it is essential.

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Trusts are a widely used estate planning tool. They can protect assets, provide tax flexibility and help support vulnerable beneficiaries.

However, Australia’s foreign investment and state tax rules can create unexpected complications where a trust includes a foreign person as a beneficiary. This issue commonly arises in testamentary trusts created under wills, family discretionary trusts and other trust structures.

If not carefully drafted, a trust that includes a foreign beneficiary may be treated as a foreign trust, potentially triggering additional tax obligations and regulatory requirements.

Understanding how these rules operate is an important part of modern estate planning and assets protection.

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——Lessons from Manicaros v Commercial Images (Aust) Pty Ltd (in liq) [2024] QCA 40

The Queensland Court of Appeal has delivered an important decision that clarifies the circumstances in which a written acknowledgment of debt can revive an otherwise statute-barred claim. In Manicaros v Commercial Images (Aust) Pty Ltd (in liq) [2024] QCA 40, the Court closely examined whether signed financial statements, internal emails, and a filed affidavit constituted valid acknowledgments under sections 35(3) and 36 of the Limitation of Actions Act 1974 (Qld), thereby causing a fresh accrual of the limitation period.

For directors, shareholders, liquidators, and insolvency practitioners, the ruling serves as a stark reminder: documents prepared in the ordinary course of business — even those that appear routine — can carry significant and unintended legal consequences.

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A Warm Welcome into the Legal Profession

I’m so grateful to have had the opportunity to intern at W & G Lawyers over the past 6 weeks. As this was my first experience working in a law firm, I was definitely a bit nervous walking in on my first day. However, those nerves quickly faded as I was welcomed into such a supportive and encouraging environment.

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As we are moving towards a more digitally dependent environment, identity protection has become essential to modern legal practice. Verification of Identity (VOI) and Client Authorisation are not merely administrative matters when it comes to e-conveyancing, they are essential safeguards designed to protect clients, practitioners, and the integrity of Australia’s land registration system.

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Recently, the Australian Government made changes relating to the Foreign Resident Capital Gains Withholding (FRCGW), which was implemented on 1 January 2025. Whether you are buying or selling property in Australia, it is essential to understand how the updated rules may affect you.

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When a dispute arises — whether it involves unpaid debts, tenancy issues, consumer problems, dividing fences, or more complex matters — many people in Queensland need to decide where to take their case. The two primary options are the Queensland Civil and Administrative Tribunal (QCAT) and the Queensland Courts (Magistrates, District, or Supreme Court).

Each forum serves a different purpose and has distinct procedures. Understanding the differences helps you choose the most appropriate path and manage the process effectively.

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To welcome the upcoming Chinese Lunar New Year, our team gathered yesterday for a special in-office celebration.

The Year of the Horse symbolises energy, strength, determination, and forward momentum — values that strongly resonate with our firm’s commitment to serving our clients with dedication and professionalism.

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Proudly Supporting the Logan Community

We are pleased to share that W & G Lawyers can be found in Logan Local magazines, a free community magazine serving the Logan region. Through this collaboration, we continue our commitment to supporting and engaging with our local community.

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On the afternoon of 29th January 2026，our team came together for a company team-building activity held at Sky Badminton.

The event provided a relaxed and engaging environment for colleagues to step away from their daily work routines and connect in a different setting. Through friendly badminton matches and informal group activities, team members were encouraged to collaborate, communicate, and support one another, reinforcing the strong sense of teamwork within the firm.

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