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New anti-money laundering laws are coming for Queensland property transactions

Australia’s anti-money laundering and counter-terrorism financing (AML/CTF) regime is expanding, and property transactions are now a key focus. From 1 July 2026, Tranche 2 reforms will extend these laws to professions involved in property dealings, including lawyers, conveyancers and real estate agents when they work in “designated services” including the buying and selling of real estate but at this stage most likely not leasing real estate for terms less than 30 years. While proper identification of the client was already necessary for lawyers at least (for example, taking copies of a passport and driver licence to establish identity for electronic conveyancing purposes), these professionals will now be required to carry out further client due diligence as part of everyday property transactions, bringing the process closer to what borrowers already experience with lenders. Buyers and sellers on the Gold Coast will still be able to transact as usual, but the processwill involve more upfront verification. A conveyancing lawyer will need to inspect more documentation, with closer scrutiny of how funds are sourced and used. Businesses involved in property transactions should note that the AUSTRAC enrolment window has already opened as of 31 March 2026. It is important to act now ahead of the 1 July 2026 compliance deadline. Why are property transactions being targeted? Property has long been identified as a potential channel for money laundering due to the high value of transactions and the ability to structure ownership in different ways. Extending AML/CTF obligations to property-related services is also part of Australia’s broader effort to align with international standards. The reforms aim to improve transparency across the Australian property market, which directly impacts clients working with property lawyers on the Gold Coast. On 1 July, 2026 an estimated 80,000 to 90,000 new reporting entities are expected to enter the AML/CTF regime nationally. What the new laws require Under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, businesses providing “designated services” must meet a series of compliance obligations. From 1 July 2026, this will include property-related services in Queensland. The designated services include: Customer due diligence Professionals must verify the identity of clients and understand who they are dealing with. Additional checks may apply where a transaction is considered higher risk, such as where complex ownership structures are involved. This shifts the role of legal and property professionals from purely transactional to actively assessing risk. In practice, this will often include VOI requirements, where clients must provide identification documents and, in some cases, complete face-to-face or electronic identity verification processes before work can commence. Where the client is a company or acts as a trustee, the “owner” of the client has to be identified and their identity verified. This means that the constitution of the company may be examined together with any trust deeds, and the VOI is likely to be required on: A fairly typical structure would be a company either acting as a trustee for a discretionary trust, or having a shareholder that is a trustee for a discretionary trust. The VOI is likely to require: What is VOI and what does it involve? VOI is a key part of the due diligence process and will become a standard requirement in most property transactions. VOI can be completed in several ways. In some cases, it is carried out face-to-face, where original identification documents such as a passport or driver licence are sighted and verified. Electronic VOI is also commonly used through secure digital platforms. Clients may be asked to provide multiple forms of identification. Where there are discrepancies, further verification may be required before the transaction can proceed. VOI is typically required early in the transaction process. Delays in completing VOI can slow transactions, so having valid and up-to-date identification ready is important for buyers and sellers on the Gold Coast. Ongoing monitoring and reporting Transactions must be monitored for unusual or suspicious activity. If concerns arise, professionals are required to submit reports to AUSTRAC, including suspicious matter reports and threshold transaction reports for cash payments of $10,000 or more. The professional is not permitted to inform their client that the report has been made. This means transactions are not just checked at the start. They are assessed throughout the process. These reporting obligations are designed to support law enforcement and protect the integrity of the financial system, including transactions overseen by a Gold Coast lawyer. Record keeping and compliance programs Businesses must maintain detailed records of transactions and client information, generally for at least seven years. This applies across legal services, including those provided bycommercial lease solicitors and professionals involved in property conveyancing. How will due diligence obligations apply to lawyers? Legal professionals will now be required to carry out similar AML/CTF checks when providing designated services. This means lawyers must take active steps to identify their clients, understand the nature of the transaction and assess whether there is a risk of money laundering or other financial crime. In practice, this may include verifying identity, confirming the source of funds, and understanding the ownership structure behind a purchase. Lawyers must also monitor transactions for inconsistencies or unusual activity. How this will affect property transactions in Queensland The introduction of these laws will not prevent property transactions from proceeding, but it will change how they are managed.More documentation will be required throughout the process. Evidence showing the source of funds may be requested before a transaction can move forward. Transactions involving trusts, companies or international funds are likely to require additional review, which can extend the timeline compared to more straightforward purchases. Legal professionals and agents will take on a more active role in compliance. Disputes that arise in this context may involve a property litigation lawyer or lawyers for litigation. Property developers may also be captured under the Tranche 2 reforms where they provide designated services connected to property transactions. Legal professional privilege remains The reforms include safeguards for legal professional privilege. This is particularly relevant in Queensland property transactions where legal advice forms part of the

The leaking roof your landlord says isn’t their problem

There is perhaps nothing more frustrating for a business owner than arriving at their premises after a Gold Coast storm to find water dripping onto expensive equipment, stock or paperwork. The immediate instinct is to call the landlord. However, disputes often arise when a landlord claims the issue is not their responsibility. According to the Queensland Small Business Commissioner (QSBC), it has held mediations for multiple cases involving leased commercial premises with leaking roof issues in the 2025/26 financial year. The outcome usually turns on three things: the wording of the lease, how the damage is classified and how Queensland’s Property Law Act 2023 (PLA), which commenced on 1 August 2025, applies. Here is what Queensland law actually says, what changed in August 2025 and what your options are when a landlord refuses to act. Who is responsible for a leaking roof? When a roof leaks in your commercial premises, the answer to “who fixes it?” often comes down to whether the roof is a structural element of the building or not. Under the PLA, which took effect on 1 August 2025 and subject to any contrary agreement or Act, applies its Schedule 1 standard terms to leases granted on or after that date: A roof is, in most cases, a structural element. That means if the roof is leaking due to age, wear, or a building defect, the starting position is often that the tenant is not responsible for repairing or replacing the roof, unless the lease provides otherwise. But there are important qualifications that can change the outcome depending on what your lease says, how the damage occurred and whether a specific repair clause overrides the PLA’s standard terms. Further, just because the tenant does not have to carry out a repair or replacement does not mean the landlord has that obligation. Many leases contain no positive obligation for the landlord to keep the structure in repair, although in more recent times it is not unusual for a lease to provide that the landlord must keep the premises structurally sound and watertight. In many leases, the division of responsibility goes beyond structural replacement. Structural replacement, as a capital expense, is usually the responsibility of the landlord, or at least not the responsibility of the tenant, whereas repairs are typically the responsibility of the tenant. Adding to the complexity, in some cases a repair may not be the tenant’s responsibility, but if carried out by the landlord, the cost can be claimed from the tenant as outgoings. Your commercial lawyer in the Gold Coast will usually start by reviewing the lease in detail. Clauses relating to “repair”, “maintenance” and “outgoings” often determine who must act. What changed under the Property Law Act 2023 (Qld)? The PLA introduced updates to modernise property law in Queensland. While it did not completely rewrite obligations, it clarified expectations around lease interpretation and enforcement. In particular, the PLA introduced rights for tenants in respect of applications for consent of the lessor for various dealings (section 142), clarified the effect of assignment of the lease or transfer of the land (section 143), and confirmed that an assignor may be released from liability for breaches by an assignee (section 144). It also changed breach procedures in ways that benefit both landlord and tenant. A Gold Coast property lawyer can help determine how the new legislation affects your specific lease. Can a tenant withhold rent? This is one of the most common and risky questions in commercial rental agreements. In most cases, tenants cannot simply stop paying rent, even if the landlord refuses to fix a leaking roof. Doing so may place the tenant in breach of the lease, which could give the landlord grounds to issue a Form 7 Notice to Remedy Breach and potentially terminate. However, some exceptions and strategies may be available: Generally, your safer legal path is to: Before taking any action, it is essential to speak with a civil litigation lawyer or commercial leasing specialist. Acting too quickly can weaken your position. Why lease drafting matters Many leaking roof disputes could be avoided with clearer lease drafting from the outset. Engaging experienced commercial lawyers or a Gold Coast business lawyer when entering a lease can prevent ambiguity. Key clauses to review include: For business owners, working with a commercial lawyer on the Gold Coast ensures the lease reflects practical realities, not just standard templates. How QBM Lawyers can help Leaking roof disputes require a lawyer with deep knowledge of property law, contract law and litigation. Whether you are a Gold Coast business tenant trying to force your landlord to act, or a landlord who has received a repair demand you believe is misdirected, the team at QBM Lawyers can help you understand your position before the dispute escalates. To discuss your situation, contact the team at QBM Lawyers to speak with an experienced Gold Coast solicitor. Early advice often provides the clearest path forward. Frequently Asked Questions Is a leaking roof always the landlord’s responsibility in Queensland? Not automatically. A roof is generally considered a structural element, but the outcome depends on what your lease says, how the damage occurred and whether the leak was caused or contributed to by the tenant. Can I stop paying rent if my landlord refuses to fix a leaking roof? In most cases, no. Withholding rent – even where a landlord is clearly in the wrong – can place you in breach of the lease and give the landlord grounds to terminate. The safer approach is to document the damage, put the landlord on formal written notice and seek legal advice before taking any action.

Commercial lawyers vs business lawyers

Businesses across the Gold Coast operate in a complex legal environment shaped by Queensland legislation, national regulations and evolving commercial practices. Whether you are starting a new venture, entering into contracts or managing disputes, legal support is often essential. Two terms frequently encountered are ‘commercial lawyer’ and ‘business lawyer’. While they are often used interchangeably, they do not always refer to exactly the same role. Understanding the distinction can help you engage the right legal support for your specific needs and stage of growth. Are commercial lawyers and business lawyers the same? The terms ‘commercial lawyer’ and ‘business lawyer’ are commonly used to describe lawyers who advise businesses. While, in practice, there is significant overlap between the two, there is a general distinction. ● A commercial lawyer is likely to act in commercial dealings, including business operations, contracts and sales transactions ● A business lawyer will potentially have a broader scope, covering entity formation, corporate structure, employment issues and internal disputes This distinction is not strict, and many firms, including QBM Lawyers, provide both commercial and business law services across the full lifecycle of a business. Their lawyers are comfortable being referred to as either commercial or business lawyers, as both reflect the nature of the work they undertake. What does a commercial lawyer do? Contracts and transactions Commercial lawyers are heavily involved in drafting, reviewing and negotiating contracts. This includes supply agreements, service contracts, sale agreements and commercial leases. Businesses should also ensure that any standard form contracts are reviewed in light of the strengthened unfair contract terms regime under the Australian Consumer Law, which has been in force since November 2023 and is an ACCC enforcement priority for 2026–27. Queensland businesses must comply with various laws depending on their activities, including the Competition and Consumer Act 2010, which incorporates the Australian Consumer Law and state-based legislation relevant to their sector. Businesses should also be aware that penalties for breaches of the Competition and Consumer Act and the Australian Consumer Law were significantly increased in 2026, with the maximum penalty for most anti-competitive conduct and consumer law breaches rising to $100 million. A commercial lawyer helps ensure contracts are enforceable, compliant and aligned with your commercial objectives. Day-to-day business operations Commercial lawyers assist businesses in managing ongoing operations. This can include advising on trading terms, risk allocation and compliance with industry regulations. Queensland businesses must comply with various laws depending on their activities, including the Competition and Consumer Act 2010 and state-based legislation relevant to their sector. Sales and acquisitions Buying or selling a business involves complex legal documentation, due diligence and risk assessment. Commercial lawyers guide clients through these transactions, identifying potential liabilities and structuring agreements to manage risk. QBM Lawyers assist with business acquisitions and sales, ensuring transactions are conducted efficiently while addressing legal and commercial considerations. What does a business lawyer do? Business structure and setup Business lawyers are often engaged at the early stages of a business. They assist with selecting and establishing the appropriate legal structure, such as a sole trader, partnership, company or trust. The choice of structure has implications for tax, liability and governance. In Australia, companies are regulated under the Corporations Act 2001, which governs company registration, director duties and corporate conduct. QBM Lawyers work with clients and their accountants to establish structures that support asset protection and flexibility for future dealings. Corporate governance and internal matters Business lawyers advise on internal operations, including shareholder agreements, partnership arrangements and governance frameworks. They help manage relationships between owners, directors and stakeholders. They also assist with resolving internal disputes, which may arise between shareholders or partners. These disputes can involve complex legal and commercial issues and may require negotiation or litigation. Where disputes escalate, a civil litigation lawyer can assist with formal legal proceedings to protect your interests. Employment and compliance Employment law is another key area for business lawyers on the Gold Coast. Queensland businesses must comply with the Fair Work Act 2009 and related regulations governing employment conditions, termination and workplace rights. Recent amendments include the right to disconnect, which now applies to all national system employees – including those of small businesses from 26 August 2025 – giving employees the right to refuse unreasonable contact outside of working hours.” Business lawyers provide advice on employment contracts, workplace policies and dispute resolution to help reduce the risk of claims. Where the roles overlap In reality, the roles of commercial lawyers and business lawyers often overlap significantly. Many legal matters involve both operational and structural considerations. For example: ● A business sale involves both transactional work and structural considerations ● A shareholder dispute may involve contract interpretation and broader governance issues● Regulatory compliance can affect both daily operations and long-term businessstrategy QBM Lawyers bring experience in both transactional and litigation matters, allowing them to identify risks early and provide practical strategies to manage them. Why the distinction matters for Gold Coast businesses On the Gold Coast, businesses regularly deal with contracts, property transactions and regulatory requirements that can create legal exposure if not managed properly. Legal issues can arise when entering contracts, restructuring or resolving disputes. With South East Queensland’s profile continuing to grow in the lead-up to the Brisbane 2032 Olympics, commercial activity – including construction contracts, business acquisitions and infrastructure dealings – is expected to increase across the region. Understanding whether your needs are operational or structural can help determine the type of legal support required. However, many businesses benefit from engaging a Gold Coast business lawyer who can advise across both areas. QBM Lawyers provide comprehensive support, from business structuring and compliance through to transactions and dispute resolution. Their experience across commercial law, litigation and regulatory compliance allows them to provide advice aligned with broader business objectives. Legal risk and compliance in Queensland Queensland businesses must comply with a range of laws that affect both commercial and business legal matters. These include: ● Contract and consumer law under the Australian Consumer Law ● Corporate regulation under the Corporations

Gold Coast Property Lawyer: When Do You Need One?

The Gold Coast property market remains one of the most active in Queensland. Populationgrowth, interstate migration and ongoing development continue to drive demand forresidential and commercial property across the region. Property transactions often involvesignificant financial commitments, detailed contracts and specific legal obligations underQueensland law, which is why many people seek advice from a Gold Coast property lawyeror other experienced property lawyers before proceeding. Buying, selling or developing property can appear straightforward at first glance. Issuessometimes arise during contract negotiations, settlement or after ownership begins.Understanding when legal advice may be helpful can assist property owners, buyers andbusinesses in managing risk and addressing potential disputes with the assistance ofproperty lawyers on the Gold Coast. Queensland legislation, including the Property Law Act 2023 (Qld), plays an important role inhow property transactions and disputes are handled. Legal guidance from a Gold Coastproperty lawyer may help clarify obligations, review documentation and assist with resolvingissues when they arise. Situations where a property lawyer may be needed Property law in Queensland covers a wide range of situations, from residential conveyancingthrough to commercial disputes and development matters. Some issues are relativelysimple, while others involve complex contractual or financial arrangements that may requireadvice from property lawyers or a conveyancing lawyer. Legal advice may be sought in several common situations involving property on the GoldCoast. Buying or selling property on the Gold Coast Residential and commercial property contracts in Queensland generally become legallybinding once both parties have signed the contract, although conditions such as financeapproval, building inspections and statutory cooling-off periods may still apply. Many buyersengage a conveyancing lawyer or conveyancing solicitors on the Gold Coast to help managethis stage of the transaction. Standard contracts commonly used in Queensland, including those produced by the RealEstate Institute of Queensland (REIQ), contain detailed clauses relating to finance approval,settlement timeframes, deposits and disclosure obligations. These matters are oftenreviewed during property conveyancing by experienced property lawyers on the Gold Coastbefore signing. Legal advice may assist with reviewing contract terms before signing and explaining anyspecial conditions that could affect the transaction. Common issues that may require legal guidance include: Reviewing a contract before signing can help clarify obligations and reduce the likelihood ofdisputes later in the process. Property disputes between neighbours or owners Several laws influence property matters in Queensland, including the Property Law Act2023, the Land Title Act 1994 (Qld) and the Neighbourhood Disputes (Dividing Fences andTrees) Act 2011. Disagreements sometimes arise between neighbouring property owners regardingboundaries, fencing, trees or access rights. Queensland legislation provides legalframeworks for resolving many of these issues. For example, the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) dealswith matters such as dividing fences and tree disputes between neighbours.Common disputes include: While some disputes can be dealt with in the absence of litigation lawyers through theQueensland Civil and Administrative Tribunal, many – such as easement conflicts or accessand support issues under the Property Law Act 2023 (QLD) – are best dealt with by involvinga civil litigation lawyer or experienced property lawyer. Property development and construction projects Property development continues to shape many parts of the Gold Coast, with residentialtowers, townhouse projects and mixed-use developments appearing across the region.Developers may also seek advice from a commercial lawyer that Gold Coast businesses relyon when structuring development agreements. Development projects often involve multiple legal considerations, including land acquisition,planning approvals, financing arrangements and construction contracts. Legal assistance may be relevant for: These matters may involve both property lawyers and commercial lawyers on the GoldCoast whom developers engage to manage legal risk. When property disputes escalate Some property issues cannot be resolved informally. Legal proceedings may becomenecessary when negotiations break down or contractual obligations are not met. In thesesituations, assistance from a civil litigation lawyer or civil litigation attorneys may be required. Depending on the type and value of the claim, property disputes in Queensland may be dealtwith in several forums, including: Each forum has different jurisdictional limits and procedures. Legal advice may helpdetermine which forum is appropriate for a particular dispute and how the matter should beapproached. Why property law in Queensland can be complex Queensland property law has undergone significant reform in recent years. The PropertyLaw Act 2023 (Qld) introduced updates to Queensland’s legal framework governing propertytransactions and ownership, replacing the long-standing Property Law Act 1974 (Qld).The reforms modernised several aspects of property law, including provisions relating toelectronic conveyancing and contract disclosure requirements. Property matters may also intersect with other areas of law, including: These matters sometimes require collaboration between property lawyers, commerciallawyers on the Gold Coast, and other professionals such as business lawyers or insolvencylawyer specialists. When early legal advice may help Property matters often become more complicated once disputes escalate. Seeking legaladvice early may help clarify documentation, explain legal obligations and identify potentialrisks before problems develop further. Situations where early advice may be useful include: Understanding the available options can help property owners and investors approachcomplex situations with a clearer understanding of their legal position When legal guidance may help with property matters on theGold Coast Property transactions and disputes on the Gold Coast often involve substantial financialcommitments and detailed legal documentation. Queensland legislation, including theProperty Law Act 2023 (Qld), influences how contracts, ownership rights and disputes aremanaged. Issues such as contract interpretation, development agreements and neighbour disputes canraise complex legal questions. Seeking advice from a Gold Coast property lawyer or otherexperienced property lawyers on the Gold Coast at the right stage may help clarifyobligations and identify practical ways to resolve disputes or manage risk. If you are dealing with a property matter on the Gold Coast, QBM Lawyers can reviewcontracts, explain your legal position under Queensland Property Law, and assistwith negotiation, tribunal proceedings or court action where required. Contact ourteam to arrange a confidential discussion about your matter. Frequently Asked Questions Do I need a property lawyer to buy property on the Gold Coast? Queensland law does not require buyers to engage a lawyer for every property purchase, although many buyers choose to obtain legal advice from property lawyers on the Gold Coast whom many buyers trust