Category #Property Law Act 2023

This article was written by Nancy Wang Principal Solicitor at W & G Lawyers.

Picture the moment. You hold a call option over a development site. The deposit, a substantial sum, was paid to the owner months ago and the deed says it is non-refundable unless the owner is in breach. The option expires in a matter of days. During the option period a government proposal has surfaced that may take a strip of the frontage, and with it the viability of the project. Nobody has breached anything. The owner is sympathetic, and the owner has your money.

You are standing at a crossroads where every road appears to lead somewhere you do not want to go. This article is about that crossroads, and about the counter-intuitive road that a buyer took in a 2024 Supreme Court of Queensland decision to recover a $275,000 deposit. The buyer did not step back from the deal. It stepped further in.

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This article was written by Grace Blake Solicitor at W & G Lawyers. 

At W and G Lawyers, we are seeing a growing trend across Queensland, particularly on the Gold Coast, where local councils are increasingly targeting unapproved works and boundary issues during property transactions. Following discussions with Stewart Title, title insurance is worth considering as a risk management tool for buyers navigating this evolving landscape.

We have previously written about the general benefits of title insurance. This article focuses on a more recent and specific trend. Council enforcement activity across Queensland has increased sharply, and this has real consequences for buyers who may not have previously considered title insurance a priority.

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This article was written by Simone Garcia Solicitor at W & G Lawyers.

Buying your first home is a major milestone, and off‑the‑plan properties can be an appealing pathway into the market. They often offer lower upfront costs, more time to save before settlement, and the excitement of moving into a brand‑new home. But these benefits come with risks—particularly for first‑time buyers who may be unfamiliar with complex property contracts.

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Recently, the Australian Government made changes relating to the Foreign Resident Capital Gains Withholding (FRCGW), which was implemented on 1 January 2025. Whether you are buying or selling property in Australia, it is essential to understand how the updated rules may affect you.

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In Queensland, new laws now require property sellers to provide a full disclosure of the property’s details before a buyer signs a contract. This is intended to create greater transparency and protect buyers. However, there are still various unforeseen risks associated with property ownership which may not be apparent from disclosure statement and property searches.

Title insurance may help mitigate some of the risks that might not be covered under the seller’s disclosure. While seller disclosure is a critical step in a property transaction, title insurance offers an additional layer of protection for buyers.

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New Rules Start on 6 December 2025 — Here’s What You Need to Know

If you own a manufactured home, are thinking about buying one, or you operate a residential park, important new laws are coming to Queensland on 6 December 2025.

These changes update the Manufactured Homes (Residential Parks) Act 2003 (Qld) and are designed to:

• give homeowners stronger protection;
• make fees and rent increases more predictable;
• make contracts clearer and easier to understand; and
• improve transparency between residents and park owners

All information below is based on the official updates published by the Queensland Government.

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Introduction

In September–October 2025, the Queensland Department of Justice ran a public consultation asking buyers, developers, and industry groups for feedback on the 2023 “sunset clause” reforms for off-the-plan land contracts. The government wants to know: are these laws protecting buyers as intended, and do they need to go further? Justice Qld Consultation

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When purchasing or developing property in Queensland, it is essential to consider flood risk as part of your legal due diligence. Flood exposure can affect a property’s development potential, insurance costs, future resale value, and importantly, compliance with planning law and building codes.

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Buying or selling a home is exciting, but the paperwork can feel overwhelming. In Queensland, most residential sales use the REIQ Contract for Houses and Residential Land, which includes key clauses that define your rights and responsibilities.

At W & G Lawyers, we make sure you understand what you’re signing before you commit. Below are some of the most important terms explained in simple, everyday language.

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From 1 August 2025, all Queensland property sellers will be required to comply with the new Seller Disclosure Scheme under the Property Law Act 2023 (Qld). This includes residential, commercial, and vacant land sales. A failure to provide proper disclosure may lead to the contract being terminated or expose the seller to legal liability. If you’re new to this topic, we recommend reading our earlier article explaining the fundamentals: New Seller Disclosure Laws Coming to Queensland Property Sales

In this article, we focus on what sellers need to do in practice before listing or selling their property.

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