FAQ

Potentially yes, subject to evidentiary rules concerning authenticity, integrity and admissibility.

Potentially yes. Overseas assets may be affected depending on jurisdiction and international cooperation.

No. Certain debts, such as fines and child support, generally survive bankruptcy.

Yes. Under Australian law, copyright protection arises automatically upon creation of an original work, without any registration requirement.

Not necessarily. Unless the work is created in an employment context or copyright ownership is clearly assigned by contract, the creator may retain ownership.

Generally yes. A registered trademark provides nationwide protection within its registered classes, subject to ongoing use and compliance.

Not entirely. Unregistered marks may still be protected under passing off or misleading conduct provisions, though evidentiary thresholds are higher.

Yes. Private loans can be legally enforceable in Australia, provided there is a clear loan arrangement, repayment obligation and consideration. Written loan agreements significantly reduce dispute risk.

In some circumstances, yes. However, without a written agreement, evidentiary challenges increase. Courts may rely on bank records and communications to assess whether a loan existed.

Not necessarily. Legality depends on the nature of the loan, the parties involved, and whether the arrangement constitutes unconscionable or misleading conduct.

A guarantor’s liability depends on the terms of the guarantee. In many cases, guarantors may be directly liable for the borrower’s default.

Generally yes. Australia operates under the Torrens title system, where registered title is usually indefeasible, subject to limited statutory exceptions such as fraud.

Not necessarily. Unregistered interests may be enforceable between parties but are generally defeated by a bona fide purchaser for value who becomes registered.

Yes. Courts have power to order the sale of jointly owned property and distribute proceeds where co-ownership disputes cannot be resolved.

Generally yes. Registration is required for an easement to bind subsequent registered proprietors.

Not always. Cooling-off rights depend on the nature of the transaction, property type and whether the sale occurred by auction.