Frequently Asked
Questions

Conveyancing is the legal process of transferring the ownership of land and improvements from one person to another.

Yes. Conveyancing in Queensland has changed a lot in recent years. It is a complex process affected by legislation, contract conditions, case law and practice guidelines. A qualified, experienced lawyer protects your interests from start to finish.

In Queensland a cooling-off period of 5 business days applies to contracts for residential property. The buyer can change their mind during this time and terminate the contract, with payment of a termination penalty. Cooling-off does not apply to auction sales or to sales entered into shortly after an auction.

Yes, as soon as you sign the contract. Under the contract you may be responsible for damage to the property unless it can be shown the damage was caused by the seller’s neglect or actions.

Sellers do not have to disclose every defect in the property or its title, so remember “buyer beware”. Do the searches your solicitor recommends. They often reveal important things that may give you rights under the contract.

No. We handle all settlement arrangements on your behalf. Once the property has settled you can collect the keys from the agent.

It depends on the purchase price, whether you will live in the property as your home or first home, and whether you are a foreign buyer. Call our office, or use the Queensland Government’s transfer duty estimator.

Buying off the plan means signing a contract for a property that has not been built yet. You can see plans and designs but there is nothing to inspect. OTP contracts are normally prepared by the developer’s solicitor and favour the developer, so get independent legal advice before you sign one.

If your marriage has broken down irretrievably, you can apply for a divorce once you have been separated for at least 12 months.

All the circumstances of the relationship are considered. In general terms, the law recognises a de facto relationship where you and your former partner, of the same or opposite sex, lived together as a couple on a genuine domestic basis.

Yes. The law recognises separation under one roof, and it can continue for any length of time. If you apply for a divorce, the court will need extra information about the separation.

You can start at any time after separation. Once a divorce is granted, you must start proceedings for property settlement or spousal maintenance within 12 months. For a de facto relationship, the limit is 2 years from the day the relationship ended. After that you need the court’s permission, which can be complex and costly.

If you reach agreement there are two ways: a consent order filed with and approved by the court, or a binding financial agreement under the Family Law Act 1975. We can tell you which suits your circumstances.

Review it. Any new will should reflect your changed circumstances. Also review any power of attorney and your superannuation nominations, as soon as practicable after separation.

Generally it does not matter whose name the property is in. Contributions determine the asset pool. If you are worried your spouse may deal with a property in their name, there are steps available, such as an undertaking to the court or an urgent court order not to deal with the property until settlement.

A court order dealing with issues for children under 18, such as who the child lives with, time spent with other people, parental responsibility, communication, maintenance, and the child’s care, welfare and development. “Other people” can include grandparents and other relatives.

Either or both parents, the child, a grandparent, or any other person concerned with the child’s care, welfare or development.

First you must take part in pre-action procedures, including a family dispute resolution conference, unless an exception applies.

A will states how your assets are distributed when you die and who carries out your wishes. Without one you have no say in how your assets are distributed, administering the estate becomes harder for your next of kin, and conflict can arise at a time when people are grieving.

Anyone over 18 with mental capacity. Where capacity is diminishing or in question, an assessment from a qualified person such as a doctor, psychologist or psychiatrist is needed.

It depends on how complex the will is. Call us to discuss your plans and get an accurate fee estimate.

Yes, either on the basis that the will is not valid, or by certain people who apply to the court because they believe they were not adequately provided for. Strict time limits apply.

Until you die, revoke it, change it or make a new one. Some events, such as marriage, can revoke a will. If your circumstances change, speak to a lawyer.

You can make a new will at any time, and it replaces earlier wills.

To finalise the deceased’s estate, including paying debts and distributing assets. The duties can be complicated, so get legal advice before you start acting.

You do not have to act. Special steps may be needed before you can renounce.

Probate is the Supreme Court’s recognition that a deceased person’s final will is valid. Banks and others holding estate assets commonly will not release them until probate is granted.

The process has strict Supreme Court rules, and errors cause delays and extra cost to the estate. We recommend a lawyer applies on your behalf.