Category Property Law

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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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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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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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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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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Saving for a house deposit feels impossible?
Tired of watching property prices rise while your savings stay flat?
Good news — the Queensland Government’s new Boost to Buy scheme might be your chance to finally get on the property ladder.

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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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Using a Self-Managed Superannuation Fund (SMSF) to invest in real property can be a powerful wealth-building strategy for Australians. But when borrowed funds are involved, the legal and compliance risks increase significantly. One of the most common and costly errors occurs right at the beginning — when the wrong purchaser is named on the contract.

At W & G Lawyers, we regularly assist clients in navigating the legal complexity of SMSF property purchases involving finance, ensuring the right structure is in place from day one.

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Using a Self-Managed Super Fund (SMSF) to invest in property is becoming a popular strategy among Australians looking to take more control of their retirement savings. Whether you’re thinking of buying a commercial property for your business or diversifying your super portfolio, it’s definitely possible — but the rules are strict, and getting it wrong can be costly.

At W & G Lawyers, we help make sure you stay compliant and confident from start to finish.

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Buying your first home in Queensland is one of life’s most exciting milestones — but it also comes with a long list of legal, financial, and practical steps that many buyers aren’t prepared for.

Whether you’re just starting your search or have already signed a contract, this guide walks you through everything you need to know — including hidden costs, legal rights, government support, and tips to avoid costly mistakes. Each section links to our full articles for in-depth help.

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