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.
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.
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.
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
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
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.
What Buyers and Sellers Now Need to Know Buyers and Sellers of most freehold property in Queensland now need to be aware of the shift in the ‘buyer beware’ contracting position to a mandatory Seller disclosure regime to be introduced under the new Property Law Act 2023 (Qld) (the New Act). This New Act will affect registered residential and commercial freehold properties and will commence on 1 August 2025. Whilst freehold property is affected by the New Act, it will not affect off-the-plan contracts for the sale of unregistered freehold residential and commercial properties. Those off-the-plan sales will continue to… Continue Reading
What is transfer duty? Transfer duty, also referred to as stamp duty, is a tax imposed by the Queensland Government on the sale or transfer of property in the state. The Queensland Government offers various concessions to transfer assessed on dutiable transactions including the first home concession and first home vacant land concession. The first home concession applies to individuals who are purchasing their first property. In order to be eligible, individuals applying for the concession must be acquiring the property without ever having held an interest in another property (even overseas). Further, the individual applying for the concession must… Continue Reading
In November 2023 the Queensland Government made changes to the law which affects contracts and unfair contract terms. These changes broadly aim to prevent unfair terms in contracts by limiting the types of contracts in which these terms can be present, such as making unfair terms illegal when the terms of a contract are non-negotiable. The aim of reforming the law around unfair terms is protecting consumers from these unfair terms where contracts are given out on a standard basis, rather than being specially negotiated between parties. However, contracts can still be considered standard form despite the parties being able… Continue Reading
