Category Property Law

Key Contract Terms in Conveyancing and What They Mean

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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First Home Buyer Benefits Extended to June 2026: $30,000 Grant and Zero Stamp Duty Explained Queensland

Queensland has extended key incentives for first home buyers, making it easier to enter the property market. Eligible buyers of new homes can now receive a $30,000 First Home Owner Grant (FHOG) for contracts signed between 20 November 2023 and 30 June 2026.

From 1 May 2025, qualifying buyers of new homes or vacant residential land to build their first residence may also enjoy a full transfer duty (stamp duty) exemption — with no price cap.

Both benefits have different rules but can work together to reduce upfront costs. Here’s a clear summary of what they mean and how you can prepare.

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When Is a Deed Binding? Lessons from a Recent Queensland Case

Deeds are commonly used in property, finance, and commercial transactions because they provide certainty and strong legal enforceability. But what happens if a deed is signed by one party and sent out, while the other side never signs it?

A recent Queensland Supreme Court decision highlights how critical the act of “delivery” can be in determining whether a deed is binding.

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What Does “Pay” Really Mean in a Property Contract? Paid or Received?

By Xiaonan (Nancy) Wang, Legal Practice Director, W & G Lawyers

When it comes to property contracts in Queensland, timing is everything. A recent Court of Appeal decision has clarified a deceptively simple but critical question: does “pay” mean that funds are treated as paid once the buyer initiates a transfer, or only when the deposit holder actually receives the money?

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First Home Guarantee: Buy Your First Home with Just 5% Deposit

Legal Insight from W & G Lawyers

At W & G Lawyers, we regularly assist first-home buyers with property transactions. The Federal Government’s First Home Guarantee (FHG) helps eligible buyers purchase a home with as little as a 5% deposit—but it is not without legal risks.

Many people mistakenly believe the scheme is a form of financial protection. In fact, the Guarantee is a contractual arrangement between the Government and your lender, not a safety net for you. This article sets out the core legal implications and how we, as your solicitors, can protect your interests throughout the process.

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Legally Binding or Vague Wish? How Courts Interpret Homemade Wills

Lessons from the Estate of Raveica Negrean

At W & G Lawyers, we regularly assist clients with disputes arising from informally prepared or poorly worded wills. A recent decision involving the estate of Raveica Negrean provides an instructive example of how courts determine whether a clause in a will is legally binding or merely expresses a non-enforceable wish.

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Understanding Co-Ownership: Joint Tenancy vs Tenants in Common

When purchasing property in Australia with another person – whether with a spouse, family member, or business partner – you must choose how the ownership is to be recorded. The two most common co-ownership structures are Joint Tenancy and Tenants in Common.

These structures can different significantly in their legal implications. Choosing the right form of ownership is critical for effective estate planning, asset protection, and future dispute resolution.

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New QLD Property Disclosure Law 2025: What Sellers Must Do

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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SMSF Trustee Changes, Death Benefits & Disputes: A Legal Guide for Trustees

Establishing a Self-Managed Superannuation Fund (SMSF) is not the final step—it is the beginning of an ongoing legal and compliance journey. As life circumstances evolve—through marriage, death, separation, or the departure of members—so too do the legal obligations and risks associated with your SMSF. Without ongoing legal supervision, an SMSF can become vulnerable to serious disputes, compliance breaches, and unintended tax consequences.

This article highlights critical post-establishment issues trustees must be aware of, including trustee changes, death benefits, disputes, and questions about purchasing property through an SMSF using a custodial trust. At W & G Lawyers, we are committed to ensuring that your SMSF remains legally robust and aligned with your intentions, no matter what changes life brings.

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