The Vicca Law Podcast

In Episode 23 of The Vicca Law Podcast, Lidia Vicca unpacks what happens after you’ve secured a monetary order or judgment through QCAT or a Queensland court. While winning your case is a key milestone, enforcement is often where the real challenge begins. This episode outlines the practical next steps to take once a judgment has been issued, including assessing the enforceability of the order and understanding the available enforcement options under Queensland law. Lidia explains how factors such as insolvency, bankruptcy, or lack of assets can affect recovery, and offers clear guidance on the processes available to enforce payment—from enforcement hearings to garnishee orders and seizure of property. Whether you’re an individual or a business seeking to recover money owed, this episode provides essential insights to help you move forward with confidence and clarity.

In Episode 22 of The Vicca Law Podcast, Lidia Vicca takes a closer look at QCAT—the Queensland Civil and Administrative Tribunal—and its important role in delivering accessible justice across the state. Designed to provide a faster, less formal, and cost-effective alternative to court, QCAT handles a diverse array of matters, including minor debt claims, consumer disputes, guardianship matters, tenancy issues, and even neighbourhood tree disagreements. Lidia outlines how QCAT operates, the types of cases it commonly hears, and the practical steps involved in preparing and filing a dispute. This episode offers clear, practical insights for individuals and small businesses navigating Queensland’s civil system, highlighting how QCAT can be a valuable tool for resolving disputes without the complexity and expense of traditional litigation. Whether you’re preparing to make a claim or respond to one, this episode equips you with the foundational knowledge you need to confidently approach the QCAT process.

In Episode 21 of The Vicca Law Podcast, Lidia Vicca breaks down the financial realities of going to court in Queensland and why litigation is often far more costly than people anticipate. This episode focuses on the Magistrates, District, and Supreme Courts, explaining how the expense of legal proceedings arises not from a single court appearance but from a lengthy process governed by the Uniform Civil Procedure Rules 1999 (UCPR). Lidia explores how pre-court preparation, compliance with procedural rules, document drafting, and multiple stages of legal argument all contribute to the cost of litigation. Listeners will gain insight into how legal fees, court filing costs, expert reports, and prolonged timelines can significantly impact the overall expense of resolving a dispute through the court system. Whether you're considering initiating a claim or responding to one, this episode provides valuable perspective on why it's essential to understand—and plan for—the full financial implications of court proceedings.

In Episode 20 of The Vicca Law Podcast, Lidia Vicca explores the importance of pre-court steps in resolving disputes before they escalate to litigation. The episode emphasises that while going to court may seem like the default solution, the legal system in Queensland is designed to encourage early and cost-effective dispute resolution wherever possible. Lidia outlines key pre-court strategies—such as sending a formal letter of demand, engaging in direct negotiation, and participating in alternative dispute resolution processes like mediation—that can help parties settle their issues without the need for court proceedings. She also discusses how these steps not only reduce legal expenses and stress but often lead to more constructive and timely outcomes. Whether you're dealing with a contract dispute, civil claim, or business disagreement, this episode offers practical guidance on how to resolve matters efficiently and protect your interests without the added burden of litigation.

In Episode 19 of The Vicca Law Podcast, Lidia Vicca provides a clear and concise overview of the civil court system in Queensland, offering essential guidance for individuals navigating legal disputes. This episode outlines the hierarchy and jurisdiction of Queensland’s civil courts, beginning with the Queensland Civil and Administrative Tribunal (QCAT), which manages minor disputes up to $25,000, including matters such as residential tenancies, minor debt claims, and consumer issues. Lidia explains the types of cases QCAT handles, the simplified procedures involved, and why even in less formal settings, understanding the rules and expectations is crucial to achieving a favourable outcome. Listeners will gain insight into the structure of the state-based court system, how different matters are allocated based on complexity and monetary value, and the importance of knowing where their legal issue fits within this framework. This episode is a valuable primer for anyone preparing to initiate a claim, respond to one, or better understand their options in civil litigation in Queensland.

In this episode of The Vicca Law Podcast, the spotlight is on shareholding and estate planning—an often overlooked yet critical area for business owners. The discussion focuses on what happens to shares in a proprietary company after the death of a shareholder, and the importance of planning for that transition. Listeners will learn the differences between joint and sole shareholdings, how these interests are treated in an estate, and why the absence of a shareholders agreement can leave both families and business partners exposed to risk and uncertainty. The episode highlights the role a shareholders agreement plays in protecting the interests of all parties—outlining what happens to the shares, how they are valued, who can acquire them, and what happens if beneficiaries do not wish to participate in the business. Without such an agreement, business succession can be fraught with conflict, delays, and unexpected outcomes. For anyone who owns or manages a private company, this episode offers practical insights into how to align business ownership with estate planning to safeguard both personal legacy and business continuity.

This episode of The Vicca Law Podcast continues the June focus on business succession planning with a special guest appearance by Scott McNeil of Gibson McNeil Lawyers. Scott, a commercial lawyer with experience across both private practice and in-house roles, joins Lidia Vicca to explore the practical and legal considerations involved in succession planning for business owners. Together, they discuss why business owners—particularly sole directors and shareholders—must understand the implications of their company constitutions, trust deeds, and shareholders agreements, and how these documents impact control and continuity after death or incapacity. The conversation covers critical succession tools such as company powers of attorney, buy-sell agreements, and buy-sell insurance, as well as key clauses like tag-along and drag-along rights that affect how and when shares can be transferred or sold. They also consider the challenges that arise when family members or third-party partners inherit business interests and why proactive planning can prevent future disputes or unintended outcomes. Whether you operate a small family business or co-own a company with business partners, this episode offers valuable insight into how thoughtful planning and clear documentation can safeguard your enterprise and legacy.

This episode of The Vicca Law Podcast explores the often misunderstood relationship between family trusts and estate planning. While many individuals benefit from assets held in discretionary family trusts—particularly those tied to business interests—there is a common misconception that these assets can be gifted through a will. In reality, because trusts are separate legal structures, their assets do not form part of a person’s estate. This means they cannot be directly distributed through a will. Instead, control of the trust must be carefully planned for. The episode unpacks the key elements of a trust deed and highlights why reviewing this document is essential when preparing an estate plan. It explains the role of trustees and appointors, and why their succession—particularly in the event of death or incapacity—must be clearly defined. Where corporate trustees are involved, listeners are reminded to also consider company constitutions and shareholdings, as control of the trust typically follows corporate control. For anyone with a family trust, this episode provides crucial insights into how to preserve and protect trust assets across generations through effective legal planning.

In this episode of The Vicca Law Podcast, the discussion turns to an often-overlooked yet critical component of estate planning: business succession. When a business owner passes away, what happens to the company depends largely on how the business is structured and whether appropriate provisions have been made in their will or estate plan. The episode explores why many wills—particularly DIY or public trustee documents—fail to address business and trust interests, leaving families and colleagues uncertain and unprepared. The conversation also highlights the difference in succession processes depending on whether the business is run as a sole proprietorship, partnership, company, or trust. Importantly, it underscores the risks of not including clear instructions for business succession, especially for sole directors or controllers of family trusts.

This episode of The Vicca Law Podcast continues the May series on estate disputes, focusing on Family Provision Applications (FPA) in Queensland under the Succession Act 1981 (Qld). Family Provision Applications allow certain eligible individuals—such as spouses, children, and financial dependants—to contest a will if they believe they have not been adequately provided for. The episode explains who can make a claim, the strict timeframes for notification and filing (six months and nine months from death, respectively), and the key factors courts consider when deciding whether to vary the terms of a will, including the applicant’s relationship with the deceased, financial circumstances, size of the estate, and competing claims. It also highlights common misconceptions, such as whether someone can legally agree not to contest a will (they cannot), and why legal advice is crucial for those considering unequal distributions in their estate planning. The discussion addresses the challenges faced in blended family dynamics, the impact of estrangement, and why a DIY will may not adequately protect against the risk of a claim. 

This episode of The Vicca Law Podcast explores the key differences between challenging and contesting a will—two distinct legal actions that often arise in estate disputes. Challenging a will typically involves questioning its validity, most commonly on the basis of lack of testamentary capacity or undue influence. In contrast, contesting a will refers to a family provision claim, where an eligible person seeks a greater share of the estate on the grounds of inadequate provision. The episode outlines how courts assess capacity, the challenges of proving undue influence, the statutory timeframes for lodging a family provision application, and the practical implications for executors and beneficiaries. It also highlights the importance of proper estate planning to reduce the risk of future disputes. Listen to the full episode to gain a clearer understanding of these complex legal issues.

In this special episode of the Vicca Law Podcast, I’m joined by our very first guest—Danielle Phillips, founder of Sage Executor Solutions. Danielle shares the deeply personal story behind why she started Sage and how her experience navigating the loss of both parents, while acting as executor, highlighted a major gap in support services for grieving families.

We will break down what it means to be an executor or administrator, the duties involved, and how to approach the estate administration process with clarity and confidence. From handling practical tasks like notifying institutions and paying funeral invoices, to managing legal obligations like applying for probate, transferring property, and defending estate disputes—there’s a lot to consider.

When a loved one passes away, one of the most confusing and overwhelming questions is whether you need to apply for probate or letters of administration. The answer isn’t always straightforward, as it largely depends on the type of assets involved, their value, and how they are held. Applying for a grant can be essential in some cases, while in others, it might not be necessary at all.

AdministrationWhen a loved one passes away, managing their estate can be overwhelming, especially when navigating the legal requirements for administering their assets. One of the most important steps in the process is understanding whether you need to apply for Probate or Letters of Administration. These are legal documents issued by the Supreme Court that give authority to manage and distribute the deceased's estate.

When a legal dispute arises, many people hesitate to involve a lawyer early—often out of concern for cost or the belief that they can handle it alone. However, the best time to seek legal advice is at the very beginning of a dispute. Early legal guidance can prevent costly mistakes, strengthen your bargaining position, and even help resolve the issue without litigation.

Contracts are meant to provide security in business and commercial arrangements, but when a dispute arises, many people are unaware that their contract may already outline the steps they must follow before taking legal action. Dispute resolution clauses are becoming increasingly common in contracts, requiring parties to attempt negotiation, mediation, or arbitration before escalating a dispute to court.

When legal disputes arise, many people assume that heading to court is the only option. However, Alternative Dispute Resolution (ADR) methods provide structured, cost-effective alternatives that can help resolve conflicts more efficiently while keeping matters private. From negotiation and mediation to arbitration and expert determination, ADR offers tailored solutions for different types of disputes.

Legal issues can arise in many aspects of life—whether it’s a business dispute, a contract disagreement, a family matter, or a property conflict. But with so many different types of lawyers, how do you know which one to call? Choosing the right legal expert for your situation is crucial to getting the right advice and achieving the best outcome.

One of the biggest concerns parents have when it comes to estate planning is ensuring their children’s inheritance stays within the family—especially when in-laws are involved. Many parents worry about the risk of divorce, financial mismanagement, or a child’s spouse gaining control of their hard-earned assets. The good news? A testamentary trust is one of the most effective ways to protect wealth and keep it within the bloodline.

Family relationships can be complicated, and estate planning becomes even more complex when estrangement is involved. While some parents may wish to exclude an estranged child from their will, doing so comes with legal risks—particularly in Queensland, where children have an unconditional right to contest a will if they believe they have been inadequately provided for.

Blended families bring unique challenges to estate planning, requiring careful consideration to ensure fairness and security for both a surviving spouse and children from previous relationships. Unlike traditional estate plans, where assets typically pass to a surviving spouse and then to children, blended families must navigate potential disputes, unintended disinheritance, and competing financial needs.

Estate planning is essential for everyone, but when minor children are involved, it becomes even more critical. Parents need to make informed decisions to ensure their children’s stability, financial security, and overall well-being in the event of their passing. In this episode of the Vicca Law Podcast, we explore key estate planning considerations for parents, including appointing legal guardians, setting up financial safeguards, and structuring an inheritance to provide long-term protection.

As 2024 comes to a close, several key trends in estate planning and administration have emerged, reflecting the evolving needs and priorities of families and individuals. From the rise of right to reside clauses offering stability for loved ones, to testamentary trusts safeguarding children’s inheritances, this year has seen a strong focus on protecting assets and securing legacies. Innovations such as guardianship funds for minor children and strategies for managing foreign assets have also gained attention, addressing the complexities of modern estate planning.