Business Law

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

Most people assume that a Will is final. Write it clearly, sign it properly and your wishes will be carried out. Add a formal statement explaining your reasons – a statutory declaration – and surely that settles it even further. But a recent Queensland court decision shows why that assumption can be wrong. The Madjeric case In Madjeric v Madjeric [2025] QDC 126, the District Court of Queensland was asked to consider the estate of Bernadina Simona Cia, who died aged 96, leaving an estate worth approximately $870,000. Her Will left everything of substance to her elder son, Lou. Her younger son, Eric, received nothing. This wasn’t an oversight. Bernadina had signed a statutory declaration (a formal, witnessed legal statement) explaining her decision. She stated that Eric had already received his share, pointing to approximately $405,000 in financial support she had provided him over the years, including a $300,000 payment that had originally been made when his business collapsed. In her view, the ledger was settled. The court, however, disagreed. What the court actually looked at Under Queensland’s Succession Act 1981, eligible people, including adult children, can apply for what is known as a family provision order if a Court determines that the Will fails to make adequate provision for their proper maintenance and support. The existence of a statutory declaration does not shut the door on such a claim. It is evidence, but it is not conclusive. In this case, the Court looked beyond the Will and the statutory declaration to assess the full circumstances. The court considered several factors. Eric was 69 years old, retired due to chronic injuries sustained during military service and was reliant on his wife as a full-time carer. While not destitute, his financial position had little room for the unexpected costs that come with age and illness. Lou, by contrast, had combined assets of nearly $2.9 million across Australia and the United Kingdom. Other factors that the court considered included: The Court ultimately found that, despite the lifetime gifts, Eric had not been adequately provided for and should receive $250,000 from the estate. What this means if you are planning your estate For anyone doing estate planning on the Gold Coast, there are a few things worth understanding clearly. 1. Lifetime gifts might reduce the strength of a claim, but they do not eliminate it A common assumption in estate planning is that significant financial support provided during a person’s lifetime will reduce or even eliminate the risk of a future claim. This case highlights that while lifetime gifts are relevant, they are not determinative. Courts in Queensland take a holistic approach. They consider: In other words, a large gift made years earlier does not automatically outweigh present-day need. For families across the Gold Coast, where intergenerational wealth transfers often include property, business interests or financial assistance, this is an important distinction. 2. The reasons you give for a disinheritance will be scrutinised Another key takeaway from this case is that the reasons given for disinheritance – even when formally documented in a statutory declaration – are not guaranteed to be decisive. While these documents can carry weight, they are not a shield. Courts will look beyond the statement itself and closely scrutinise the surrounding circumstances, including: If the Court is not satisfied that the reasoning holds up, it may give the declaration less weight. This reinforces the importance of careful, considered estate planning, not just documenting your decisions, but ensuring they are well-informed, balanced and legally robust – something experienced estate lawyers or a wills and estates lawyer can assist with. What this means if you think you have been unfairly left out If you are an adult child who has been excluded from a parent’s Will, or has received far less than a sibling with significantly greater means, you may have grounds to bring a family provision application in Queensland. The fact that you received gifts or financial support during your parents’ lifetime does not automatically defeat your claim, particularly if your current financial position is genuinely limited. However, time limits apply. Under Queensland’s Succession Act 1981, there are two deadlines to be aware of. You must give the executor written notice of your intention to make a claim within six months of the date of death, and then file your application in court within nine months of the date of death. Both deadlines are strict. Speaking to a wills and estates lawyer early is essential, as delay can cost you your right to claim entirely. dates, which may affect financing and planning without changing the underlying agreement, often leading buyers to seek advice from a Gold Coast lawyer or Gold Coast solicitor. If courts can override a Will, why have one? It’s a fair question, and one we hear often. The reality is that your Will remains the starting point in any estate matter. It is the primary expression of your intentions and will be followed unless successfully challenged. In cases like this, the Court does not disregard the Will entirely. Instead, it adjusts the distribution only where it finds that adequate provision has not been made. Without a valid Will, the situation becomes far more uncertain. Your estate may be distributed according to intestacy laws, which may not reflect your wishes at all. Contact a Wills and estates lawyer on the Gold Coast This case is a reminder that estate disputes are rarely straightforward. They are not simply about what is written in a Will, but about fairness, need and the reality of family relationships. For many individuals and families on the Gold Coast – particularly those with property portfolios, business interests or blended family structures – the stakes can be significant. Engaging a Gold Coast solicitor ensures your estate plan is not only clear but also resilient. Whether you are reviewing your estate plan or believe you have been inadequately provided for, contact the team at QBM Lawyers to speak with an experienced Gold Coast solicitor. Early

A dispute between a developer and builder on a near-complete Mermaid Beach tower has highlighted potential risks for off-the-plan buyers, with the builder’s contract terminated and the matter now before the Supreme Court of Queensland. The dispute centres on alleged delays and issues with subcontractor payments. Situations like this can interrupt construction and extend the timeframe for completion, particularly where a new builder needs to be appointed or legal issues remain unresolved. The key issue for buyers is not just delay, but how these changes interact with the terms of their contract. In most cases, the contract itself continues despite what is happening on site. This makes it essential to understand how off-the-plan agreements are structured and what rights are actually available when a project runs into difficulty, often with guidance from a Gold Coast property lawyer. How disputes between developers and builders affect buyers An off-the-plan buyer is usually contracting with the developer, not the builder. That structure determines how risk is allocated, because issues between the developer and builder are managed within the project without automatically changing the buyer’s agreement. As a result, any disruption to construction is dealt with under the existing agreement, rather than creating a new right or outcome for the buyer, which is why many buyers seek advice from property lawyers or a commercial lawyer on the Gold Coast when disputes arise. Where a builder is terminated, the developer may: This allows the project to continue, but often with a revised timeline, which brings the focus back to how the contract deals with delay and risk allocation, an area frequently handled by commercial lawyers and lawyers for litigation. Does the dispute affect your contract? Off-the-plan contracts in Queensland are drafted to account for delays and construction risks. Most include clauses dealing with: These provisions are enforceable under Division 4 of Queensland’s Land Sales Act, which governs many aspects of property transactions in the state. For unit sales, sunset dates are regulated by Division 4 of the Body Corporate and Community Management Act. Because these mechanisms are built into the contract, changes on site do not usually alter the agreement itself. Instead, the outcome depends on whether a specific clause is triggered, such as a failure to complete by a required date, which may require advice from a civil litigation lawyer. This is why attention often turns to financial exposure, particularly the treatment of the deposit. Is your deposit safe? Deposits for off-the-plan purchases are usually held in a trust account, often by a solicitor or real estate agent. This structure provides a level of protection: This means the deposit is generally protected while the project continues, regardless of construction issues. However, deposit protection does not determine whether a buyer can exit the contract, which depends on separate contractual rights and may involve advice from a conveyancing lawyer or conveyancing solicitors on the Gold Coast. Can you get out of the contract? Termination rights are usually limited and depend on the contract terms. Common triggers include: Changes to sunset clause laws in Queensland mean developers cannot simply terminate a contract to resell at a higher price. Amendments require either buyer consent or court approval in many cases. Outside of these triggers, the agreement will generally continue, even where the construction program changes. This places greater importance on how sunset clauses operate in practice, often requiring guidance from a property litigation lawyer. What happens to your sunset clause if construction stalls? The sunset clause sets the deadline for completion of the development. If that date is reached before the project is finished, termination rights may arise. When construction stalls due to disputes: Courts in Queensland may consider whether extensions have been applied correctly and whether delays fall within the scope of the contract. In practical terms, this means a project can be delayed without immediately triggering a right to exit, even where progress has slowed significantly. Construction may pause while disputes are resolved, and further time may be required if a new builder is engaged. This can shift completion and settlement dates, which may affect financing and planning without changing the underlying agreement, often leading buyers to seek advice from a Gold Coast lawyer or Gold Coast solicitor. What the Mermaid Beach dispute highlights The current dispute also reflects broader pressures within the construction sector, including: Late-stage disputes are particularly disruptive because they arise close to completion, when buyers are expecting settlement to proceed. This highlights the importance of understanding how contractual risk is structured before entering into an agreement. What buyers should consider before signing Off-the-plan contracts are complex and often favour the developer. Understanding key terms before signing is essential. Important areas to review include: Careful review of these provisions can help identify how delays, changes and disputes will be managed under the contract, rather than leaving those outcomes uncertain, particularly when working with a Gold Coast business lawyer. How to protect your position before you sign Disputes between developers and builders can interrupt construction and extend project timelines, but they do not usually alter the contract itself. Buyers remain bound by the agreement unless a specific contractual right is triggered. The Mermaid Beach dispute illustrates how these situations can arise even in advanced stages of a project. Understanding how contract terms operate in practice allows buyers to assess risk more clearly before committing to an off-the-plan purchase. Understanding the fine print in an off-the-plan contract can make a significant difference to the outcome of a property purchase. If you are considering buying property on the Gold Coast and want advice about contract risks, sunset clauses or your rights during construction disputes, contact QBM Lawyers to discuss your situation and understand your legal options before signing. Frequently Asked Questions Does a builder dispute cancel my off-the-plan contract? No. The contract is with the developer, so it generally remains valid unless a contractual termination right is triggered. If you are unsure, a property litigation lawyer can review your contract and explain your position. Is

When buying property, many purchasers expect that settlement will deliver a home that is empty, tidy and ready to move into. In reality, the legal obligations on a seller are often narrower than buyers assume. Buyers should be aware that a seller’s obligation at settlement is generally limited to providing vacant possession of the property, unless the contract provides otherwise. Understanding what this means and what it does not mean can help avoid frustration at settlement. If you are unsure about your rights, a Gold Coast property lawyer can explain how these obligations apply to your contract. What vacant possession actually means Vacant possession is a standard concept in Australian property contracts. In simple terms, it means the seller must ensure that no one is living in the property and that no one has a legal right to remain there. The buyer must be able to move into the property immediately after settlement and exercise full control over it. In practical terms, this usually means: However, vacant possession focuses on control and occupation, not the level of cleanliness of the property. Vacant possession ensures that the buyer can move in, renovate, lease the property or otherwise use it without interference. If a dispute arises about whether vacant possession has been provided, property lawyers can review the contract and advise whether the seller has met their legal obligations. Cleaning is usually not required under the contract A common misunderstanding among buyers is that the seller must professionally clean the property before settlement. In most Queensland property contracts, there is usually no contractual requirement for a seller to arrange professional cleaning unless the contract specifically requires it. Standard contracts typically require the property to be delivered in substantially the same condition as at the contract date, allowing for fair wear and tear. As a result, buyers may find that the property is left with: While this may be frustrating, it does not necessarily mean the seller has breached the contract. Why disputes about cleanliness arise Disputes about cleaning usually arise because buyers and sellers have different expectations. Buyers often assume that the property will be presented in a similar condition to when it was advertised or shown during open homes. Sellers, on the other hand, may focus on their legal obligation to vacate the property rather than leaving it professionally cleaned. Another common situation occurs where a property has been rented out. In these cases, the condition in which tenants leave the property may affect how the property looks at settlement. The result is often a mismatch between expectations and the legal obligations set out in the contract. The role of the pre-settlement inspection Most property contracts allow buyers to carry out a pre-settlement inspection shortly before settlement. This inspection allows the buyer to confirm that: However, it is important to understand that the pre-settlement inspection is not generally an opportunity to request cosmetic improvements or additional cleaning. Instead, the inspection is primarily designed to ensure that the seller has complied with the key contractual obligations before settlement occurs. If problems are identified during the inspection, buyers should raise them promptly with their conveyancer or solicitor. In some situations, buyers may also seek advice from property lawyers Gold Coast residents rely on to determine whether the issue affects settlement. When the condition may become a legal issue Although cleaning is usually not required, there are situations where the condition of the property may become a legal issue. For example, problems may arise if: In these circumstances, the issue may go beyond simple cleanliness and could potentially amount to a breach of the contract. If a dispute arises, buyers should seek legal advice before settlement proceeds. Tips for buyers Buyers can reduce the risk of disputes by taking a few practical steps during the purchasing process. Key takeaway Vacant possession ensures that a buyer receives control of the property at settlement, but it does not automatically guarantee a professionally cleaned home. Understanding this distinction can help buyers manage expectations and ensure any specific requirements are clearly written into the contract before signing. If uncertainty arises, speaking with experienced property lawyers on the Gold Coast can help clarify your rights before settlement day. If you are dealing with a property issue on the Gold Coast, the team at QBM Lawyers can review your contract, explain your legal position and advise on the best way forward. Whether the matter involves settlement, vacant possession or a dispute about the condition of a property, our experienced property lawyers can assist. Contact our team to arrange a confidential discussion about your situation. Frequently Asked Questions Does vacant possession mean the property must be cleaned before settlement? Not necessarily. Vacant possession generally means the property must be free of occupants and the buyer must be able to take physical control of the property at settlement. Unless the contract specifically requires professional cleaning, the seller is not usually obliged to clean the property before settlement. What happens if the seller leaves items or rubbish behind? Minor items or general mess may not breach the contract. However, if significant furniture, rubbish or other belongings are left behind and prevent the buyer from properly using the property, it may affect whether vacant possession has been provided. Buyers should raise the issue with their conveyancer or solicitor as soon as possible. What is the purpose of the pre-settlement inspection? The pre-settlement inspection allows the buyer to confirm that the property is in substantially the same condition as when the contract was signed, that agreed inclusions remain in place and that the property will be vacant at settlement. It is generally not an opportunity to require cosmetic improvements or additional cleaning.