Property Law

In Australia, whether you are selling or purchasing real property, it is essential to engage the services of a solicitor or a licensed conveyancer. This is because the conveyancing process involves substantial legal documentation. At Auslaw Partners, our legal services include: reviewing the contract of sale and providing legal advice; conducting standard legal searches and verifications (including current title search, water rates, council rates and land tax clearance certificates); exchange of contracts (if applicable); preparation of transfer documents and other settlement documentation; and terminating the contract in accordance with its terms.

On the morning of the settlement date, the purchaser’s solicitor will conduct a final title search to confirm that there have been no changes to the property’s registered particulars and that no adverse interests have been registered, except for any known encumbrances. Settlement is usually conducted between 2.00 pm and 4.00 pm. Representatives of the purchaser’s solicitor, vendor’s solicitor, purchaser’s mortgagee and vendor’s mortgagee attend the appointed place and time to verify the accuracy of all documents and cheques before exchanging the transfer documents, release of mortgage/discharge documents, and cheques. Once exchanged, settlement is complete. Both parties’ solicitors will notify their clients immediately, the real estate agent will be instructed to release keys to the purchaser and remit the deposit balance to the vendor (less the agent’s commission). PEXA electronic settlements are now the mainstream conveyancing method due to their convenience, certainty and security. PEXA ensures timely settlement without the purchaser needing to obtain bank cheques, and allows the vendor to access sale proceeds more quickly. Auslaw Partners is a registered PEXA user and can facilitate your settlement electronically, ensuring a smoother process.

What types of property ownership exist for land development in Australia? Under Australian property law, co-ownership generally takes two forms: Joint Tenancy and Tenancy in Common. Other ownership structures include Sole Ownership, Tenancy in Partnership, Co-ownership by corporations, and Trust or Family Trust ownership. Where two or more persons purchase land, the form of co-ownership must be specified on transfer. If not specified, the title will be recorded as equal Tenancy in Common by default.

Your investment capacity is determined by your visa status. Before proceeding, you should consult with a migration lawyer to confirm eligibility. Typically, the following visas permit overseas investment: Business Innovation and Investment (Permanent) visa – Subclass 888, Business Owner visa – Subclass 890, and Business Talent (Permanent) visa – Subclass 132. Holders of certain visas, such as the Visitor visa – Subclass 600, may not meet the Foreign Investment Review Board (FIRB) requirements and may be ineligible to invest.

Foreign investors must obtain FIRB approval. You must also be aware of relevant government policies on your intended business investment, especially taxation and subsidies. Non-citizens and non-permanent residents (including temporary residents) must secure FIRB approval before acquiring property. FIRB considerations include the business contract, staffing levels, existing leases, lease terms and rental amounts.

Land tax is an annual tax payable by landowners, calculated on the taxable land value—the unimproved value of the land excluding improvements. For example, a property with a market value of AUD 1.2 million might have a land value of AUD 500,000. Rates and thresholds vary between states and territories. The Northern Territory does not levy land tax.

Funded by the Australian Government and administered by the Office of State Revenue (OSR), the FHOG assists eligible first home buyers to purchase or build a principal place of residence. Eligibility is restricted to Australian citizens or permanent residents purchasing residential property. Grant amounts vary between states and projects. In Queensland, for contracts signed on or after 1 July 2018, the FHOG is AUD 15,925. Applications must be lodged with OSR within 12 months of settlement or completion of construction.

The cooling-off period is a statutory right in residential property transactions in Queensland, Australia, designed to provide a safety net for the buyer. After signing a contract of sale for a property, the buyer has the right to terminate the contract within 5 business days of receiving the copy of the contract signed by both parties, without the need to provide a reason. The cooling-off period usually commences on the day the buyer or their agent (such as a lawyer) receives the signed contract. If the contract is signed on a weekend, the cooling-off period begins on the next business day.
The purpose of the cooling-off period is to provide the buyer with a short window of time to reconsider the transaction without bearing significant financial risk. The buyer may rescind the contract during this period without explanation; however, if this right is exercised, the seller may charge a termination penalty of up to 0.25% of the purchase price, and the remainder must be refunded to the buyer within 14 days.
However, not all property transactions are subject to a cooling-off period. Properties purchased at auction generally do not have a cooling-off period; once the auction concludes, the buyer must immediately assume contractual liability. Furthermore, the cooling-off period may not apply to certain specific types of property transactions (such as commercial real estate or certain specific post-auction transactions).
If you need to understand property-related issues, please view the relevant Auslaw article “Australian Litigation Lawyer’s Interpretation: Legal Pitfalls and Avoidance Strategies in Property Investment”.
If you require further assistance, you are welcome to contact Auslaw Partners; we provide you with professional case-specific legal advice and legal services. At the same time, you may also visit Auslaw Review to view more Chinese articles regarding Australian property law written by lawyers.
If you wish to obtain immediate free personalised answers or practical legal templates, you are welcome to ask Auslaw GPT directly (AI language models may make mistakes and do not constitute legal advice).

In Queensland, when purchasing property, in addition to the purchase price, the buyer is also required to pay several additional fees. Stamp duty is one of the major costs, but there is a range of other fees that also need to be considered:

1. Stamp Duty: This is a tax levied based on the property purchase price or market value. The tax rate is progressive; the higher the property price, the more tax is payable. First-time homebuyers may apply for stamp dutyconcessions, with the specific amount depending on the value of the property. We provide a stamp duty calculator with the latest policies for your use: Stamp Duty Calculator | [Auslaw Partners] The First Choice for Excellent Chinese Law Firms in Brisbane, Queensland.
2. Registration Fees: When the ownership of a property changes, it must be registered withTitles Queensland. The registration fee depends on the purchase price of the property. The registration fee is higher for high-value properties.
3. PEXA Fees: Electronic settlements completed via PEXA (Property Exchange Australia) will incur a fixed fee. The specific price changes slightly each year; you may refer to the PEXA official website. The PEXA system makes property transactions more efficient and secure, avoiding the exchange of paper documents.
4. Property Inspection Fees: Buyers will usually request building inspections andpest inspections to ensure the property has no hidden structural issues or pest risks. These fees are usually borne by the buyer.
5. Bank Fees and Loan-related Fees: If you are purchasing the property via a loan from a bank or other financial institution, the bank will charge loan application fees, valuation fees, and other related costs.

In property trading, Exchange of Contracts and Settlement Date are two very critical concepts; they mark different stages of the transaction.

1. Exchange of Contracts:Contract exchange refers to the legal act where both the buyer and seller formally sign the property contract of sale and complete the exchange of copies. From the date of contract exchange, a legally binding contractual relationship is established between the buyer and the seller. Usually, the buyer is required to pay the deposit on the day of exchange. The calculation of the cooling-off period also begins on the next business day after exchange. In short, the exchange of contracts marks the commencement of contractual obligations, meaning both buyer and seller are bound by the contract terms from this point, while the final Settlement Date is the completion point of contract performance.
2. Settlement Date:The Settlement Date is the date when property ownership is formally transferred after the contract is performed. Usually, the settlement date is set between a few weeks to one month after the contract exchange becomes effective. On this day, the buyer is required to pay the remaining funds, and the seller delivers the documents for the transfer of ownership (such as the Certificate of Title) and completes all financial settlement through the bank or lawyer. At this time, the buyer formally becomes the legal owner of the property.

Stamp Duty, also known as Transfer Duty, is a tax levied by Queensland on property purchasers, the amount of which is based on the property's purchase price or market value (whichever is higher). The stamp duty rate follows an increasing trend; the higher the property price, the higher the tax.
The calculation method for Stamp Duty is as follows:

1. Purchase Price: The stamp duty amount is calculated based on the purchase price of the property; the higher the price, the greater the tax rate. Queensland has a set of progressively increasing tax rates,gradually increasing from lower purchase amounts to higher amounts.
2. Exemption Policies and Concessions: Queensland offers stamp duty reduction concessions for first-time homebuyers. Among these, first-time home buying includes the Home Concession, First Home Concession, First Home New Home Concession, and First Home Vacant Land Concession. For detailed information, please visit the relevant content on the official website.

3. Calculation Tools:The Queensland Government provides an online Stamp Duty Calculator for homebuyers to estimate the stamp duty amount. This is very helpful for budget planning.
4. Other Concessions: If buyers are first-time buyers or the purchased property meets certain policy requirements, they may be able to enjoy lower tax rates or complete exemption from stamp duty.

In Queensland, the property contract of sale is a legal document ensuring the rights and interests of both buyer and seller. When signing the contract, there may be some special conditions; these clauses are usually customised according to the specific needs of both parties to the transaction.
Common special conditions include:

1. Due Diligence Clause: A due diligence clause is often added to the contract, allowing the buyer to conduct a comprehensive investigation of the property within a specific period after signing the contract (e.g., 14–21 days), including title, planning, flood risk, and infrastructure. If the buyer is unsatisfied with the investigation results, they may terminate the contract and have the deposit fully refunded, avoiding the assumption of risk due to potential issues.
2. Sunset Clause:In development projects or transactions with attached conditions, the contract may contain a sunset clause. If the project is not completed or conditions are not satisfied by the specified date, the contract may be terminated, and the buyer has the right to the return of the deposit. However, it should be noted that developers may use this clause to resell, so the scope of the clause's application should be limited in the contract to avoid damage to the buyer's interests.
3. Early Possession Clause:Some buyers may wish to enter the property before settlement. If an early possession clause is set in the contract, the buyer's responsibilities during the possession period must be agreed upon, such as insurance, rent payments, and compensation for damages. If settlement is ultimately not completed, the buyer must bear the obligation of returning the property.
4. Pool Safety Compliance Clause: When involving a property with a swimming pool, the contract may require the seller to obtain a pool safety certificate before settlement. If the seller fails to provide compliance documents on time, the buyer may terminate the contract or deduct relevant fees from the purchase price to ensure transaction compliance and avoid safety hazards.
5. Settlement Extension Clause: In certain circumstances, the buyer or seller may need to delay settlement. At this time, asettlement extension clause will be added to the contract, noting the reason for the delay and the time limit.
6. Subject to Conditions Clause: Sometimes, the buyer or seller may wish to add certain additional conditions to the contract, such as confirming certain repairs to the property or confirming the surrounding environment. These conditions need to be listed clearly and ensure all clauses are legal and enforceable.

The main difference between new build properties and existing properties lies in their status and the legal and financial requirements during the purchasing process. The following are their differences: 1.New Build Property: Usually refers to property that is not yet inhabited, or property that is not yet completed during the construction process. In Queensland, the purchase of new build properties usually involves a contract between a developer and a buyer, and in some cases, the registration and settlement of the property may require a long wait (e.g., completion of registration within 3.5 years after the developer submits). Risk: Delays by the developer or failure to complete development according to plan may lead to the buyer facing purchase delays or settlement delays. 2.Existing Property: This is property that already exists and can be immediately inhabited or rented out; the buying and selling process is usually relatively simple. During the transaction, the buyer can more directly understand the state of the property, including the neighbourhood environment, structural condition, etc. Risk: Existing properties may involve some hidden legal issues, such as historical debts, easements, etc.
Choosing to buy a new build property or an existing property depends on individual needs, risk tolerance, and financial status. During the home buying process, it is important to consider the delay risks of new build properties as well as the potential hidden issues of existing properties. Cooperating with a professional lawyer can help you reduce potential legal risks during the purchasing process. If you want to buy an existing property, we recommend you read “Queensland Property Lawyer Guidance: How to Avoid Hidden Clauses in Purchase Contracts?” and “Queensland Property Lawyer Sharing: Legal Points for Attention When Buying Second-hand Houses” to understand the relevant steps and potential risks of purchasing existing properties. If you require further assistance, you are welcome to contact Auslaw Partners; we provide you with professional case-specific legal advice and legal services. At the same time, you may also visit Auslaw Review to view more Chinese articles regarding Australian property law written by lawyers.
If you wish to obtain immediate free personalised answers or practical legal templates, you are welcome to ask Auslaw GPT directly (AI language models may make mistakes and do not constitute legal advice).

When purchasing an apartment or townhouse in Queensland, Body Corporate fees and property insurance are two matters that must be paid special attention to. These fees are usually reflected in the contract of sale, and the buyer needs to clearly understand their payment responsibilities.

1. Body Corporate Fees:Body Corporate fees are fees shared proportionally by all owners within an apartment or townhouse complex, used for the maintenance and management of the property. These fees usually include cleaning of common areas, landscaping, facility maintenance, etc. Buyers should understand the current Body Corporate fees and future budgets and possible increases before signing the contract.
2. Property Insurance: In Queensland, property insurance for apartment buildings is uniformly managed by the Body Corporate. Insurance fees are usually included in the Body Corporate fees. Insurance coverage includes buildings, public facilities, common areas, etc. However, for buyers, understanding the property's insurance terms is especially important, particularly whether it covers natural disasters, fire, or other major accidents.
3. Obtaining Information: Before signing the contract, the buyer can request the seller to providethe latest Body Corporate financial statements, as well as detailed information on property insurance. This information helps in assessing future costs and potential financial responsibilities.

During a property transaction, the buyer and seller usually need to perform fee adjustments to ensure each party only bears fees relevant to themselves. The purpose of fee adjustments is to compare and apportion the fees involved in the transaction process between the buyer and seller. Common fee adjustment items include:

1. Council Rates:The property's council rates are usually charged annually but will be adjusted according to the settlement date. If the property settlement date is in the middle of a certain quarter, the seller is responsible for paying fees before the settlement date, while the buyer is responsible for paying fees after the settlement date.
2. Water Rates:If the property's water rates are not fully cleared, they will be adjusted at settlement. Usually, the buyer pays water rates after the settlement date, and the seller pays water rates before the settlement date.
3. Body Corporate Fees: If purchasing an apartment or townhouse, Body Corporate fees need to be adjusted according to the settlement date. The seller needs to pay fees up to the settlement date, and the buyer pays fees after the settlement date.
4. Land Tax:Land tax is calculated annually, but during a property transaction, the seller and buyer will adjust regarding the land tax for the current year. Ensure the seller only pays tax up to the settlement date, and the buyer pays the remaining part.
5. Rent: If the seller rented out the property before selling it, the buyer will usually pay the portion of the rent until the settlement date. These fees will be listed in detail in the settlement statement and adjusted accordingly.

Property inspection is an important step to ensure the buyer understands the property condition and avoids encountering hidden problems after purchase. Common property inspections include:

1. Building Inspection: Building inspection aims to ensure the house structure has no serious issues, such as cracks, subsidence, water leakage, or other factors affecting safety and comfort. Building inspections are usually conducted by professional inspectors to ensure the property's infrastructure meets safety standards.
2. Pest Inspection: In Queensland, pest inspection is particularly important because local climate conditions easily lead to termites and other pest problems. Through pest inspection, buyers can discover potential pest risks in advance, avoiding facing high repair costs in the future.
3. Pool Safety Inspection: If there is a swimming pool within the property, ensuring it meets Queensland's swimmingpool safety standards is mandatory. The buyer should request the seller to provide a valid swimming pool safety certificate and ensure the swimming pool has passed the approval of the relevant government.
4. Environmental Inspection: If the property is located in an area with special environmental protection requirements, the buyer should conduct an environmental inspection to ensure the property complies with environmental protection laws.

In Queensland, landlord rent-increasing behaviour is strictly restricted by the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). Landlords can only increase rent at most once every 12 months, and must provide written notice to the tenant in advance before the rent increase takes effect. If it is a Fixed Term Tenancy Agreement, the contract must explicitly include a clause permitting rent increases, otherwise, the landlord cannot increase rent before the end of the lease term. In the following situations, landlords may not arbitrarily increase rent:

• The tenancy agreement is less than 6 months old;
• Written notice was not provided to the tenant 2 months in advance;
• The fixed-term contract does not contain a rent increase clause;
• The rent increase is deemed excessive and lacks reasonable basis.

Easement refers to a legal right where a person or entity enjoys specific rights on another person's land. For example, a property may have a Right of Way Easement, allowing others to access part of that property's land. Easements may affect the use of the property, especially when they restrict or change the property's development plans.
To avoid purchasing property with easements, buyers should take the following measures:

1. Title Search:Through a title search, one can ascertain whether the property has easements or other legal encumbrances. The title search will list all legal records of the property, including any easements, mortgages, lease agreements, etc. This information is crucial for understanding the potential burdens on the property.
2. Property Investigation:In addition to the title search, the buyer should also request a detailed investigation of the property, especially regarding land development or usage. It is especially important for buyers planning to extend or change the land usage method to understand potential easements.
3. Lawyer Contract Review: When purchasing property, ensure the contract explicitly lists all applicable easements or encumbrances, and ensure your lawyer conducts a review. If you do not wish for the property to have easements or encumbrances, you can request the seller to clear relevant rights or renegotiate transaction conditions.

Foreigners purchasing residential property in Australia and leaving the property vacant will face Vacancy Fee penalties. Since 2024, the vacancy fee has doubled.

• Vacancy Fee Applicable Conditions: If your residential property is not rented out for at least 183 days (approximately 6 months) within 12 months, and the property is not made available to the rental market, you may be required to pay the vacancy fee.
• Policy Purpose:The vacancy fee aims to urge foreign investors to release their residential properties into the rental market, increasing Australia's rental housing supply to alleviate housing shortage issues.
• Reporting Requirements: Foreign buyers need to report the vacancy status annually and pay the vacancy fee on time. Failure to report or pay the vacancy fee on time will face additional penalties.
• Vacancy Fee Cost: Please refer to: [Vacancy fee return for foreign owners | Australian Taxation Office]

PEXA (Property Exchange Australia) is an electronic settlement platform in Australia. Through the PEXA platform, property transactions no longer rely on traditional paper document exchange but are settled via digital means. The PEXA system not only improves transaction efficiency but also reduces the risk of processing errors and delays. Its advantages include:

1. Fast Settlement: Traditional property settlement usually takes several days to complete, whereas, through PEXA, property settlement can usually be completed within a few hours. Funds are transferred in real-time, and all relevant parties (buyer, seller, bank) can quickly complete payment and title transfer.
2. Reduced Human Error: Electronic settlement automatically verifies transaction data through the system, reducing errors that may occur due to manual input and paper document delivery. This method is more precise, reducing legal and technical issues in the transaction.
3. Saving Time and Cost: PEXA makes steps such as document exchange, payment,and registration in the property transaction process more efficient, thereby saving time and administrative costs. Through the online platform, buyers, sellers, lawyers, and banks can interact more conveniently, avoiding face-to-face meetings and the exchange of paper documents.
4. Security:The PEXA platform ensures the security of the transaction process through encryption technology; all data is protected by encryption, ensuring the personal and financial information of both buyer and seller is not leaked.

When conducting property transactions in Australia, law firms need to complete Verification of Identity (VOI) for every client to ensure the legality of the transaction and prevent identity theft.

• Importance of VOI: VOI is an identity verification procedure used to confirm the client's identity. This procedure helps prevent imposters from conducting illegal transactions, ensuring transaction safety.
• VOI Methods:

• Required Materials for VOI: Regardless of which method you choose, you need to provide at least 100 points of identity verification.

The property transaction contract is an important legal document ensuring the rights and interests of both buyer and seller, usually including the following common clauses:

1. Price and Deposit Clause: The contract will usually specify the purchase price of the property and the deposit amount the buyer needs to pay. The deposit is usually 5%-10% of the purchase price and is paid after signing the contract.
2. Finance Approval Clause: If the buyer's purchase relies on a bank loan, the contract will usually include a clause subject to finance approval. If the buyer fails to obtain the loan, the contract can be terminated, and the buyer can have the deposit fully refunded.
3. Property Inspection Clause: The buyer can request to conduct building and pest inspections after signing the contract, and the contract can be adjusted based on the inspection results. If the inspection results are unsatisfactory, the buyer can request the seller to repair the issues or cancel the transaction.
4. Settlement Date Clause: The contract will specify the Settlement Date,usually set around 30 days after signing the contract. Settlement day is the date of transfer of property ownership and payment of funds.
5. Special Conditions Clause: The contract may include some special conditions, for example:subject to government approval, seller to complete repairs, or buyer needs to sell existing property, etc. The addition of special conditions can help the buyer safeguard their own interests.

In Queensland, the cooling-off period is where the buyer has the right to rescind the contract without providing a reason within 5 business days after signing the property contract of sale. However, the cooling-off period does not apply to properties purchased at auction.

1. Scope of Application for Cooling-off Period: The cooling-off period usually applies to private treaty purchases,e.,both parties reach a transaction through a contract. It provides the buyer with time to reconsider the purchase decision and allows them to rescind the contract unconditionally, but at this time, a certain penalty must be paid (maximum of 0.25% of the purchase price).
2. Auction Purchase and Cooling-off Period:Unlike private purchase, auction purchase is a form of public bidding; once the buyer successfully bids at the auction, the contract becomes effective immediately. In the auction process, the buyer does not enjoy the right to a cooling-off period. After the auction ends, the buyer needs to immediately sign the contract and pay the deposit. The public and competitive nature of auctions requires the buyer to make a full decision before bidding.

The standard property settlement time in Queensland is usually 30 days, but the actual settlement time is determined by negotiation between both parties. The following factors may affect settlement speed:

• Bank Procedures: If you involve a loan to purchase the property, the bank usually needs at least 10 business days to process relevant procedures. If a mortgage needs to be discharged, this process will also consume some time.
• Relevant Searches and Certificates:The buyer usually needs to conduct some necessary searches, such as water meter readings, and these searches may require extra time. Especially if the water company needs to personally visit the property site to conduct the water meter reading.
• Seller's Responsibility: The seller must provide a Clearance Certificate from the Australian Taxation Office; this process may take a few days, but sometimes longer. To ensure settlement proceeds smoothly, we recommend you prepare relevant documents in advance.

In Queensland, when purchasing property, whether chattels (such as furniture, appliances) are included in the transaction depends on whether these items are explicitly listed in the contract. Chattels are not automatically included in the transaction unless specifically noted in the contract.

• Definition of Chattels:Chattels include all items not fixed to the property, such as furniture, curtains, appliances, home gym equipment, etc. If these items are listed in the contract and serve as part of the transaction, they will be viewed as taxable property involving tax calculations.
• Special Circumstances: If you decide to purchase furniture or other chattels, it is best to make an explicit statement in the contract and adjust the transaction price. If the contract does not contain chattel items, you will be unable to claim them as part of the transaction. In this situation, we suggest modifying the contract and explicitly listing furniture and other chattel items.
• Taxability of Chattels: If the contract includes chattels, and the price reflects the value of these items, they will be calculated as part of the transaction and may generate relevant tax implications.

According to the standard REIQ contract, the seller has an obligation to deliver the house and any included chattels listed in the contract. However, the seller has no obligation to clean, maintain the garden, or maintain other conditions of the property.

• Seller's Obligations:The seller must deliver the property according to the contract agreement and ensure all agreed included chattels (such as appliances, furniture, etc.) are intact. The seller generally has no obligation to clean or repair the property, but many sellers will clean and repair the property before handover.
• How to Handle Property Condition Issues: If you are unsatisfied with the property's cleanliness, maintenance, gardening, etc., we recommend explicitly requesting the seller to bear these responsibilities before signing the contract. You can add special clauses in the contract requiring the seller to perform specific cleaning or maintenance before handover.
• Importance of Pre-settlement Inspection: Before settlement, it is recommended you conduct a detailed pre-settlement inspection to ensure the property condition meets contract requirements. If discrepancies are found, you can request the seller to rectify them or propose compensation requests.

When purchasing residential property in Australia, if the buyer is a foreign resident, they are required to withhold 15% of the funds from the purchase price at settlement and pay it to the Australian Taxation Office (ATO). If the seller provides a Clearance Certificate before settlement, this withholding tax can be exempted. From 1 January 2025, new policy cancels the original $750,000 AUD property transaction threshold, meaning all property transactions will be subject to this rule.

• Seller's Responsibility:As a seller who is an Australian resident, one must apply to the Taxation Office and obtain a Clearance Certificate before settlement to ensure the 15% withholding tax is not levied. The seller should apply for the Clearance Certificate as early as possible to avoid issues at settlement.
• Certificate Validity: The Clearance Certificate is free and valid for 12 months. The seller needs to apply for this certificate through the Australian Taxation Office website to ensure timely acquisition.
• Buyer's Responsibility:If you are the buyer, before settlement, we will assist the seller in applying for the Clearance Certificate. If the certificate is not received before settlement, we will pay the 15% withholding tax to the Taxation Office according to regulations. This tax amount will be deducted from the buyer's funds at settlement and handled by us on your behalf.

From 1 August 2025, the Property Law Act 2023 will formally implement the Seller Disclosure Regime in Queensland. The seller must provide the “Seller Disclosure Statement Form 2” and relevant statutory certificates before signing the contract, with content covering title encumbrances, zoning, council rates, Body Corporate information, etc. This means the buyer can understand the property situation more clearly before signing, and if the seller fails to perform obligations, the buyer has the right to terminate the contract. The “Seller Disclosure Regime” is a newly established legal framework, taking effect on 1 August 2025, aimed at making property transactions more transparent. Regarding the Seller Disclosure Regime, we provide the latest Form 2 Chinese-English bilingual version; you can click the links below to collect:

• I am a Buyer: 2025/08/25.08.01-Form-2-Buyer-Guide-Chinese-Reference.pdf
• I am a Seller: 2025/08/25.08.01-Form-2-Seller-Guide-Chinese-Reference.pdf

According to Section 104 of the Property Law Act, if the seller fails to provide a complete disclosure statement, or the disclosed content contains material inaccuracies or omissions, the buyer has the right to unconditionally terminate the contract and request the return of the deposit before settlement. Major situations include:

• Did not receive disclosure documents before signing;
• Documents contain material errors or omissions, affecting the buyer's purchase decision.

• I am a Buyer: 2025/08/25.08.01-Form-2-Buyer-Guide-Chinese-Reference.pdf
• I am a Seller: 2025/08/25.08.01-Form-2-Seller-Guide-Chinese-Reference.pdf

The seller must provide the following materials before signing the contract:

• Complete and signed “Seller Disclosure Statement Form 2”;
• All statutory certificates related to the property (such as title encumbrances, zoning, environmental notices, Body Corporate documents, etc.);
• If involving auction or option contracts, disclosure must also be made before the auction or signing.

• I am a Buyer: 2025/08/25.08.01-Form-2-Buyer-Guide-Chinese-Reference.pdf
• I am a Seller: 2025/08/25.08.01-Form-2-Seller-Guide-Chinese-Reference.pdf

Buyers should note that although the “Seller Disclosure Statement” is detailed, it does not cover all content, such as flood or natural disaster history, house structural safety, pest infestation, presence of asbestos, or building approval status. Therefore, the buyer still needs to conduct due diligence personally before purchasing, including:

• Building inspection;
• Pest inspection;
• Flood risk inquiry;
• Planning and development check.

• I am a Buyer: 2025/08/25.08.01-Form-2-Buyer-Guide-Chinese-Reference.pdf
• I am a Seller: 2025/08/25.08.01-Form-2-Seller-Guide-Chinese-Reference.pdf

The new regime means preparation costs and time for the seller will increase, as more documents need to be collected and verified; at the same time, agents also need to be more cautious in the process to avoid the contract being terminated due to improper disclosure. The long-term impact on the market is likely positive: Buyer confidence increases, transaction disputes decrease, and property transactions become more transparent.
Sellers, agents, and buyers should all be familiar with the regime requirements and plan in advance to avoid contract invalidity or compensation risks. If unclear about the process, you are welcome to contact Auslaw Partners at any time.
Regarding the Seller Disclosure Regime, we provide the latest Form 2 Chinese-English bilingual version; you can click the links below to collect:

• I am a Buyer: 2025/08/25.08.01-Form-2-Buyer-Guide-Chinese-Reference.pdf
• I am a Seller: 2025/08/25.08.01-Form-2-Seller-Guide-Chinese-Reference.pdf

In Queensland, Conveyancing (property transfer/property settlement) refers to the legal process of transferring ownership of residential or commercial property from one individual or entity to another. Usually, conveyancing occurs during the sale and purchase of property; this process involves not only contract signing and settlement but also checking contract clauses, conducting necessary title searches, confirming whether the property has encumbrances or planning restrictions, etc. Complete conveyancing ensures both buyer and seller successfully complete the transaction under the legal framework, avoiding subsequent disputes.
In summary, Conveyancing is the core legal step in Queensland real estate transactions, which both buyer and seller must value. If you are a first-time homebuyer, we recommend you read “Queensland Property Lawyer Analysis: Legal Process First-time Homebuyers Need to Know” to understand the relevant process.If you require further assistance, you are welcome to contact Auslaw Partners; we provide you with professional case-specific legal advice and legal services. At the same time, you may also visit Auslaw Review to view more Chinese articles regarding Australian property law written by lawyers.
If you wish to obtain immediate free personalised answers or practical legal templates, you are welcome to ask Auslaw GPT directly (AI language models may make mistakes and do not constitute legal advice).

In Queensland property conveyancing, Disbursements refer to various expenses paid by the lawyer or conveyancer on behalf of the client when handling the transaction. Common disbursements include:

• Government and Council Search Fees: Such as council rates, water rates, land survey plans, and Body Corporate reports;
• Settlement Agent Fees:If the settlement location is in an area inconvenient for the law firm or conveyancer to reach, an agent may need to be entrusted to attend settlement;
• Bank Cheque Fees:If the lawyer needs to issue bank cheques on behalf of the client to complete settlement.

In Queensland, Lawyers and Conveyancers assume different roles in property transactions:
Lawyer:

• Possesses legal practising qualifications and can provide comprehensive legal opinions on contract clauses, default risks, title encumbrances, and rights and obligations of buyer and seller;
• Can represent clients in handling disputes, ensuring the entire transaction process is legal and compliant.

• Specialises in handling property transfer processes, skilled in managing various documents and administrative matters from contract signing to settlement;
• Cannot provide legal opinions and must work under the supervision of a lawyer.

When conducting property conveyancing in Queensland, several key dates are crucial for both buyer and seller:

• Contract Date: The date the contract is formally signed;
• Cooling-off Date: The buyer can unconditionally terminate the contract within the cooling-off period;
• Finance Approval Date: The final date for the buyer's bank or financial institution to give loan approval;
• Building & Pest Inspection Date: Inspection must be completed and results confirmed within the agreed time;
• Pool Inspection Date: If the property has a pool, a compliant certificate must be obtained before this date;
• Special Conditions Due Date: The deadline for attached clauses such as due diligence, soil tests, or others;
• Settlement Date: The final date to complete payment of the balance and transfer title.

Settlement is the final step of property trading in Queensland, usually conducted in the afternoon so that banks have sufficient time to provide repayment amounts and issue cheques. The process on the day includes:

• Lawyers for buyer and seller meet at the location agreed in the contract;
• The seller and their lending bank deliver documents, ensuring property mortgage release and completing title transfer;
• The buyer or their lending bank pays the settlement balance, including amounts adjusted for council rates, water rates, Body Corporate fees, rent, etc.;
• The buyer's lawyer checks document accuracy and confirms completion of settlement after no errors are found;
• After settlement is completed, the agent is notified to release the deposit to the seller and simultaneously hand over house keys to the buyer.

In Queensland property transactions, settlement delays may produce serious consequences:

• Request Extension: The party unable to settle on time will usually apply for an extension from the other party;
• Maintain “Time is of the Essence”: If the extension is granted, the contract remains mandatory and can ensure compulsory performance in the future;
• Buyer Risk:If the buyer proposes a delay, the seller may charge daily default interest according to contract terms, calculated as a certain percentage of the unpaid balance;
• Consequences of No Consent: If the extension request is not agreed to, the contract will lose the “Time is of the Essence” effect, meaning both parties cannot force completion of settlement on a specific date, which may be very unfavourable for a party eager to settle.

When buying a house in Queensland, conducting comprehensive searches and reports before signing the contract is an important link protecting the buyer from potential risks. Usually, these searches will be conducted by the buyer's lawyer or conveyancing lawyer around the time the contract becomes effective. The following are several of the most common and important searches:

• Title Search:Confirm whether the seller is the legal owner registered on the title; ascertain whether the property has encumbrances such as mortgages, leases, or easements.
• Survey of the Registered Plan: Clarify land boundaries to avoid legal risks brought by boundary disputes or neighbourhood disputes.
• Pest Inspection:Pests such as termites may cause serious damage; if not inspected in advance, the buyer may face high repair costs.
• Building Inspection: Confirm whether the house structure is stable and whether there are potential safety hazards or maintenance issues.

In Australia, false or misleading representations (misleading or deceptive conduct) are primarily regulated by Sections 18 and 30 of the Australian Consumer Law (Cth), where Section 30 specifically applies to land sale-related transactions. Its core objective is to protect buyers from infringement by false representations or concealed information. Applicable scope includes:

• Various forms of representation—whether verbal, written, drawings, maps, advertisements, gestures, or any other form of expression;
• Land transaction related—covering all transactions involving transfer of land interests, including residential and commercial properties;
• Legal consequences—if the buyer signs a contract due to reliance on false representations and suffers loss as a result, the seller or representor must be responsible for the loss and pay compensation.

Easement refers to a right where a party legally enjoys the use of another person's land for a specific purpose without owning the land title. The establishment of an easement benefits one piece of land while bringing a certain burden to another piece of land. Main characteristics of easements are as follows:

• Easements are rights that “run with the land”, attaching to the land and registered on the title;
• Even if land ownership transfers, the easement remains effective;
• Information can be found during a Title Search.

• Right of Way Easement: Allows neighbours to access via your land;
• Services or Drainage Easement: Allows council or service providers to lay cables, drainage pipes, or gas pipelines on the land.

Good news: Yes! The Queensland Government has confirmed the extension of the 30,000 First Home Owner Grant (FHOG) to 30 June 2026. This allows first-time homebuyers an extra year to enjoy one of the most generous home purchase support policies in the country. Application conditions include:

• Must purchase or build a brand-new residence;
• Contract signing time must be between 20 November 2023 and 30 June 2026;
• Total value of house and land must not exceed $750,000 AUD;
• Owners of self-built homes must complete commencement and foundation work within this period.

• Government directly provides one-off, tax-free cash support to help first-time owners enter the property market faster;
• Compared to other states, Queensland's First Home Owner Grantis far higher than the $10,000 AUD in NSW, Victoria, WA, and Tasmania, and the $15,000 AUD in SA, second only to the Northern Territory's $50,000 AUD;
• From May 2025, Queensland also provides full stamp duty exemptionfor first-time buyers purchasing new homes, further reducing the cost of buying a house.

The latest REIQ Contract effective from 1 August 2025 has made important adjustments to transactions involving properties with swimming pools. Core changes include the following points:

• Validity of Pool Safety Certificate (PSC): If the seller has already provided a valid pool safety certificate to the buyer when signing the contract (e.g., provided during the disclosure stage), then even if the certificate expires during the contract performance period, the seller does not need to provide a new certificate again.
• Alternative Requirements when Certificate Not Provided:If the seller does not provide a pool safety certificate, they must issue a Form 32 “Notice of No Pool Safety Certificate” to the buyer before signing.

The information on this page was last updated in November 2025 and is provided for general reference purposes only. It does not constitute legal advice, a basis for decision-making, or any form of professional opinion in relation to any specific matter. The content has been prepared using publicly available information considered to be reliable; however, no independent verification of its accuracy or completeness has been undertaken. The information is subject to change without notice. Neither the author nor the platform accepts any responsibility or liability for any consequences arising from actions taken or not taken in reliance on the contents of this page.