Category: Property Law
ABKJ’s experienced property lawyers have acted for property purchasers and vendors of a number of the major commercial properties on the Gold Coast and beyond. Whether you are after conveyancing, or advice on a development, sale, or lease, ABKJ Lawyers can help.
We have included below helpful articles discussing common issues in property law.
A recent decision of the Supreme Court of Queensland provides an important reminder for developers about the language used in off-the-plan contracts, particularly where obligations are tied to a Sunset Date. In Malligan v Chevron Apartments Pty Ltd; Cantavenera v Chevron Apartments Pty Ltd [2026] QSC 195, the Court considered two off-the-plan contracts for apartments in the Chevron One development on the Gold Coast. At the centre of the dispute was one word: “must”. The contracts provided that the developer “must establish the Scheme, register the Plan and effect Settlement under this Contract by the Sunset Date.” When settlement did… Continue Reading
Buying a newly built or recently completed home can feel safer than buying an older property. In many cases, it is. The building is newer, the materials should have a longer life ahead of them, and there may be fewer obvious maintenance issues. However, “new” does not mean risk-free. Key Takeaways A newly built or recently completed home is not automatically free from structural, waterproofing, workmanship or compliance defects. Before signing a contract, buyers should understand who they are contracting with, what defect protections are included and whether they will have rights against the seller, developer or builder. An independent… Continue Reading
Recent changes to Queensland’s tobacco laws have introduced significant new risks for commercial landlords whose tenants sell tobacco, nicotine or other smoking products. The changes were introduced by the Tobacco and Other Smoking Products (Dismantling Illegal Trade) and Other Legislation Amendment Act 2025 and commenced on 24 November 2025. The laws are aimed at disrupting the trade of illicit tobacco and illicit nicotine products in Queensland. For landlords, the key point is simple: a landlord may now face serious consequences if they permit leased premises to be used for the supply or possession of illicit tobacco or illicit nicotine products…. Continue Reading
Foreign investment transactions in Australia often require approval under the FIRB regime, particularly where commercial land, agricultural assets, or Australian businesses are involved. Understanding whether approval is required, and building realistic FIRB timeframes into transaction planning, is critical to avoiding delays, penalties, or failed deals. This article provides a practical overview of how FIRB approval works for commercial transactions, including approval thresholds, common triggers, exemption certificates, transaction structuring, and the key legal and commercial risks businesses and investors should consider before entering into an agreement.
Buying A Home In Australia As A Foreign Person
Foreign buyers looking to purchase residential property in Australia must carefully navigate the Foreign Investment Review Board (FIRB) approval process and recent restrictions on established dwellings. From 1 April 2025 to 31 March 2027, most foreign persons are generally restricted from buying existing homes or apartments, making it essential to understand which property types remain available and what approvals may be required. This guide explains the key FIRB rules for residential property, including approval requirements, application fees, vacancy fee obligations, developer exemption certificates, and the practical steps foreign buyers should take before signing a contract.
New AML/CTF Client Checks From July 2026
From 1 July 2026, new Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) obligations will apply to certain legal services in Australia. The AML/CTF regime is regulated by AUSTRAC, Australia’s financial intelligence agency. These reforms are part of a broader national framework designed to prevent criminals from using professional services, property transactions, business structures and trust accounts to disguise the proceeds of crime or fund illegal activity. Lawyers have historically remained outside much of Australia’s AML/CTF regime. From July 2026, that position will change for legal services involving particular types of transactions. For clients, the most noticeable change will be that law… Continue Reading
For many businesses, the premises they operate from are an important part of the business itself. A shop, office, warehouse or commercial suite may provide the base from which the business serves customers, stores stock, manages staff, or builds goodwill in a particular location. Where a business operates from leased premises, the ability to remain in that location can be important for stability and continuity. A lease renewal may allow the tenant to continue occupying the premises after the initial term ends, but renewal rights are often subject to strict conditions and timeframes. Understanding how lease renewal works is important… Continue Reading
Joint Tenants vs Tenants in Common
When you purchase property with another person, your solicitor will ask you: Joint Tenants or Tenants in Common? The purpose of this article is to explain the difference between these terms and how your decision can affect you in the future, particularly from an estate planning perspective. Key Takeaways Joint tenants each hold the same and equal interest in a property and share profits and responsibilities equally. One key feature of joint tenancy is the survivorship rule, where a deceased owner’s share passes to the surviving joint owner or owners. Tenants in common each hold a separate interest in the… Continue Reading
The Queensland Government has recently passed laws which will effectively end the legal effect and status of Certificates of Title (title deeds) issued with respect to land in Queensland. Key Takeaways Paper Certificates of Title in Queensland no longer have legal effect for land dealings from 1 October 2019. Queensland has operated an electronic titling system for many years, which has reduced the practical need for paper title deeds. Holding a paper Certificate of Title as security no longer prevents further dealings with land from being lodged. Copies of property title information can still be obtained through Titles QLD, including… Continue Reading
Title Encumbrances in Queensland Explained
When buying or selling property in Queensland, you may encounter some form of title encumbrance. Encumbrances can range from financial obligations to limitations on land use, which may impact property transactions. While some encumbrances may offer benefits, others can impose limitations on ownership, development, and resale value, which may hinder any future sale of the property.
