Property Laws

No land title in Greece: why Torrens Title matters in Queensland!

I went looking for a land title in Greece. There wasn’t one.

Not “it was hard to find”. Not “the office was closed”. There is no title, because Greece never adopted the Torrens system. Land was recorded under the owner’s name rather than under the block of land, the record carried no boundaries and no survey, and the state guaranteed nothing.

I am in Kythira, standing at our family’s home, and this one is a bit different to our usual blog. Because once you see how the rest of the world does it, the thing we take completely for granted in Queensland stops looking ordinary.

The short version: Greece has no Torrens title register. Ownership is proved by tracing a chain of deeds backwards through generations (the Greek courts literally call it the “devil’s proof”), and boundaries are stone walls somebody’s great-grandfather stacked. Queensland does the opposite: one search, about $25, tells you who owns the land and every interest over it, and under section 184 of the Land Title Act 1994 (Qld) the state stands behind that answer. But that certainty has an edge. A Queensland title search will not tell you where your boundary is, and a fence that has sat in the wrong place for 30 years does not become yours.

How do you prove you own land in Greece?

Greece has been building a national land register since 1995. Thirty years and more than a billion euros later, it is still not finished.

Before that, and in plenty of places still, property records sit in local offices called ipothikofylakeia. There are 392 of them.

Here is the part that should make your skin crawl. Those records were indexed by the owner’s name, not by the block of land. By the person.

To find a title you first need the owner’s first name, their surname, their maiden name, their father’s first name and their mother’s first name. Miss one and you might not be able to locate the land at all. A paper delivered at Greece’s National School of Judges in 2024 describes the system as person-centred, and names that structure as a direct cause of ambiguity over who owns what.

And once you have found the record, there is no diagram in it. No boundaries. No survey. The land is described in words, in the deed.

The devil’s proof

So how do you actually prove ownership? You trace the chain backwards. Your seller, their seller, and their seller, all the way back to the original acquisition.

The Greek courts have a term for this. They call it probatio diabolica, the devil’s proof. That is not editorialising. That is the phrase used in the judgments.

The boundary is a stone wall

So where is the boundary? It is on the ground, in stone. The walls running across the hills are the property lines. Somebody’s great-grandfather stacked those stones, that line became the border, everybody agreed, and nobody wrote it down.

For a long time it worked, because everyone in the village knew whose land was whose. Then the grandchildren moved to Athens, or Melbourne, or Brisbane, and the only person who actually knew where the boundary ran passed away.

In Greece, the wall is the title.

Three numbers

17.1%. In the areas where the new register is running, 1.85 million parcels of land have no known owner. In some regions it is over 40%. From 2027, those parcels start passing back to the Greek state.

56%. Over half of Greece is legally classified as forest. If your block is caught in a disputed part of that mapping, you cannot sell it and you cannot build on it until it is resolved. More than 200,000 objections are still queued, and one committee in Crete is facing a backlog measured in years.

737 days. That is how long Greece takes to a first instance civil judgment. The slowest in the European Union. So if it does end up in court, settle in.

What Queensland does differently

A lot.

We have the Torrens title system. You can order a title search online, instantly, for about $25, and it comes back in seconds. It tells you who owns the land and every interest over it, and the state stands behind that answer.

Section 184 of the Land Title Act 1994 (Qld) gives you indefeasibility. In plain English: once you are registered, you take the land free of everything that is not on the register, and it does not matter what you did or did not know.

No chains of deeds. No devil’s proof. No stone walls.

That system is a 19th century Australian invention, and most of the world still does not have it. It is worth understanding how unusual it is, because the certainty it gives you is easy to mistake for certainty about everything.

It is not.

What a Queensland title search still does not tell you

Where your boundary is.

You get a lot on a plan. No dimensions, no bearings, and nothing about whether the fence, the retaining wall or the eaves are where they should be. The survey plan is a separate product, and even that is a legal record rather than evidence of what is actually on the ground.

Good news: you can order one of those instantly online too, for about the same money. If you want the full breakdown, we have written up what a Queensland title search shows and what it misses, and how to find out who owns a property in Queensland.

The wall, one more time

In Greece, if you have occupied land for 20 years, it is yours. No title needed, no good faith needed. You simply own it.

In Queensland, people assume the same thing about a fence. It has been there 30 years, so it must be ours now.

It is not. Section 98 of the Land Title Act 1994 (Qld) says you cannot bring an adverse possession application where the possession arises out of an encroachment, and the Act specifically names a fence or hedge that is not on the boundary.

So in Greece the wall makes you the owner. In Queensland, that same wall makes you a defendant. If you are already in that argument, start with our guide to neighbour disputes in Queensland.

One thing worth saying plainly

Empire Legal advises on Queensland property law only. We do not advise on Greek property law, we cannot assist with it, and please do not ask. I think if I even tried, I would age dramatically.

What we can help with is the Australian side of it. If you are a Queensland family with property back in Greece, Italy or anywhere else, the documents you sign here usually need to be notarised and apostilled before an overseas authority will accept them. That is a different job to a JP, and we have written up who you actually need, and when.

And if you are buying or selling here in Queensland, the whole point of Torrens is that you should never have to prove your ownership backwards through five generations. Give us a call on 07 3088 7675 (Monday to Friday, 9:00am – 5:00pm) or get in touch here. Our fixed fees are published up front.

Frequently asked questions about Torrens title

What is the Torrens title system?

Torrens title is a system of land registration where the government keeps a single register of who owns each block of land and what interests are over it, and guarantees that record. It was invented in South Australia in the 1850s and is now used across Australia. Instead of proving ownership by tracing old deeds, you prove it by pointing at the register.

Does Greece have Torrens title?

No. Greece never adopted a Torrens system. Property records were historically held in 392 local offices called ipothikofylakeia and indexed under the owner’s name rather than the parcel of land, with no boundaries or survey in the record. A national cadastre has been under construction since 1995 and is still not complete.

What does indefeasibility of title mean in Queensland?

Under section 184 of the Land Title Act 1994 (Qld), once you are registered as the owner you hold the land free of any interest that is not recorded on the register, regardless of what you knew or did not know. It is the reason a Queensland title search is a reliable answer rather than a starting point for further investigation.

Does a Queensland title search show property boundaries?

No. A title search identifies the lot on a registered plan and the interests over it, but it does not give you dimensions, bearings, or any indication of whether fences, retaining walls or eaves sit where they should. The survey plan is a separate search, and even that is a legal record rather than proof of what exists on the ground.

Can I claim land in Queensland because the fence has been there for 30 years?

Generally no. Section 98 of the Land Title Act 1994 (Qld) prevents an adverse possession application where the possession arises out of an encroachment, and the Act specifically includes a fence or hedge that is not on the boundary. A long-standing fence in the wrong place is a boundary problem to be resolved, not a transfer of ownership.

I am in Queensland and I have inherited property in Greece. Can Empire Legal help?

Not with the Greek side. We advise on Queensland property law only and we do not act on overseas land. What we can help with is the Australian paperwork, and knowing whether the document you have been sent needs a Justice of the Peace, a notary public or an apostille before an overseas authority will accept it.

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Statutory warranties in QLD contracts: the body corporate trap that can hand buyers a termination right

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TL;DR: When you sell a lot in a community titles scheme, the contract has a “statutory warranties” section about body corporate matters. It is not covered by the Form 2 seller disclosure or the Form 33/34 body corporate certificate – the seller has to answer it personally, from their own knowledge. Get it wrong, or fob it off with “refer to the disclosure statement,” and you can hand the buyer a clear right to terminate under the BCCMA. Here is how it works, and how to build a process so it never bites.

The section that causes the most last-minute panic

There is a part of the REIQ contract that triggers more eleventh-hour scrambling than almost any other – and most people don’t notice it until a buyer’s solicitor is drafting a termination notice. It is the statutory warranties section for properties in a community titles scheme. If you’re an agent preparing contracts, or a seller about to sign one, this is the bit worth slowing down for.

So what is the statutory warranties section?

When you sell a lot in a community titles scheme, the contract includes warranties – promises – from the seller about the body corporate and the scheme. Things like whether there are known defects in the common property, outstanding levies, disputes, or proposed changes.

The contract even prints a warning about it: a breach of a warranty can lead to a damages claim or termination by the buyer. That is not boilerplate filler. It is a live right sitting in the contract.

Why “refer to the disclosure statement” is the trap

Here is the one that catches people out. When the seller doesn’t know an answer, the temptation is to write “refer to disclosure statement” or just leave it blank. Don’t.

The warranties aren’t disclosure – they’re promises. If something should have been disclosed and wasn’t, a cross-reference doesn’t protect the seller. It does the opposite. A blank answer, or pointing the buyer at the disclosure statement, can hand the buyer a clean right to terminate under the BCCMA (sections 223-224), generally within 14 days of signing the contract. It is not an answer, and it does not discharge the seller’s obligation.

It is not in the Form 2 – or the Form 33/34

This one trips up even experienced operators. Since the disclosure rules changed, sellers provide a Form 2 disclosure statement plus a body corporate certificate – Form 33 for community titles schemes, Form 34 for two-lot schemes. People assume those documents cover the warranty questions. They don’t.

The Form 33 lists prescribed information – levy amounts, fund balances, the community management statement. It does not answer the warranties. Those have to come from the seller’s own knowledge and enquiries. This is different to the old section 206 days: you can’t lean on the certificate to carry this section anymore.

(Worth a read alongside this: our first look at the new Form 2 and 9 traps agents need to know about the new REIQ contracts, and what buyers need to know when they receive a Form 2.)

What the warranties actually cover

In plain terms, the seller is warranting they are not aware of things like:

  • Latent or patent defects in common property or body corporate assets – ongoing building issues, roof leaks, structural problems, even combustible cladding. A latent defect is hidden; a patent one is visible.
  • Liabilities of the body corporate – special levies (including one that has been voted on but not yet invoiced), legal proceedings, or major repair works.
  • Circumstances affecting the body corporate’s affairs – disputes or significant unresolved matters affecting the scheme.
  • A proposal to record a new community management statement (CMS) – changes to by-laws, lot entitlements or common property.
  • Unapproved improvements on common property that benefit the lot – a courtyard fence, pergola, air-con condenser or exclusive-use area that was never formally approved.
  • Outstanding by-law contravention notices – notices about pets, noise, parking or unapproved alterations.
  • Proposed body corporate resolutions – motions about to be voted on that could affect levies, by-laws or works.

If any of these apply and the seller knew – or should have found out – it needs to be disclosed.

Who answers these – and who can’t

This is where sellers often get the wrong end of the stick: your solicitor can’t answer these for you. We obtain the certificates and searches for the Form 2, but the warranties are about your knowledge of the property and the body corporate. We can explain what each question means. We can’t warrant facts on your behalf.

The good news – if you don’t know, you can find out. The seller, or the selling agent, can order a body corporate records inspection (specifically an implied warranty search) through a search agent. We use My Body Corp Report; it is around $300 and takes 3-5 days. That is a small price to close off a termination risk on a whole sale.

Build a process so it never bites

For agents, the fix is a routine, not a last-minute scramble – the same discipline as the rest of your pre-contract checklist:

  • Flag the warranties section with the seller early – at the Form 2 stage, not when a buyer is already on the hook.
  • If the seller can’t answer with confidence, get the implied warranty search ordered before the contract goes out.
  • Answer every question directly – never “refer to disclosure statement,” never blank.
  • Put the answers in the contract and attach a completed implied warranties statement to the contract of sale.

Do that, and the warranties section goes from a settlement-killer to a non-event.

Selling a unit in QLD? Don’t guess this section

Selling a unit, townhouse or apartment in Queensland and not sure how to handle the warranties section? That is exactly the kind of thing we sort out at the contract stage – get in touch with Empire Legal before anything is signed. Our fixed fees are published up front.

Frequently asked questions

What are statutory warranties in a QLD property contract?

When you sell a lot in a community titles scheme, the contract includes warranties (promises) from you about the body corporate and the scheme, covering things like defects in common property, liabilities, disputes and proposed changes. They are separate to the seller disclosure documents and must be answered from your own knowledge.

Does the Form 2 or Form 33 cover the statutory warranties section?

No. The Form 2 disclosure statement and the Form 33/34 body corporate certificate provide prescribed information like levies and fund balances, but they do not answer the warranty questions. Those must be answered by the seller directly, based on their knowledge and enquiries.

What happens if a seller writes “refer to disclosure statement” or answers a warranty incorrectly?

That can hand the buyer a clear right to terminate the contract under the BCCMA (sections 223-224), generally within 14 days of signing, as well as a possible damages claim. A blank answer or a cross-reference is not an answer and does not discharge the seller’s obligation.

Can my solicitor answer the body corporate warranty questions for me?

No. Your solicitor obtains the certificates and searches for the Form 2 and explains what each warranty question means, but the warranties are about your own knowledge of the property and the body corporate, so only you can answer them.

How do I find the answers if I don’t know them?

You or your selling agent can order a body corporate records inspection (an implied warranty search) through a search agent. We use My Body Corp Report, which is around $300 and takes about 3-5 days, and it is designed specifically to help answer these questions.

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Joint vs sole divorce application in QLD: which one do you need?

TL;DR: A joint divorce application is made by both of you together – it’s simpler, faster and there’s no one to “serve”. A sole application is made by one person, and the other party has to be formally served first. Most divorces are decided on the papers, so you usually won’t set foot in a courtroom either way. Not sure which fits you? Give us a call and we’ll point you in the right direction.

If you’ve decided to make the marriage officially over, you’ll hit your first fork in the road pretty quickly: do you apply for divorce jointly with your ex, or solo? That’s the joint vs sole divorce application question, and the answer shapes how the whole process runs. It sounds like a small thing, but it changes how the whole process runs – and how much hassle is involved. Here’s the plain-English version.

First up: what a divorce application actually is

A divorce just legally ends the marriage. That’s it. It doesn’t divide your house, your super or your savings, and it doesn’t sort out the kids – those are separate processes. So when we talk “joint vs sole”, we’re only talking about the application that ends the marriage, nothing else. (If there’s property to divide, read on – there’s a sting in the tail we’ll get to.)

Joint application: you apply together

A joint application is exactly what it sounds like – you and your ex apply as a team. Because you’re both on the application, there’s no need to formally “serve” anyone with papers, which cuts out a whole step. It’s the simplest, fastest and usually cheapest route.

It’s the way to go if you’re on reasonable terms and you both just want the divorce done without drama. You don’t have to be best mates – you just have to both be willing to sign.

Sole application: you apply on your own

A sole application is made by one person. Totally fine – you don’t need your ex’s cooperation to get divorced. The catch is that the other party (the “respondent”) has to be formally served with the divorce papers before things can move forward. That’s a legal step with its own rules, and it’s where a lot of DIY applicants come unstuck.

This is the right path if you’ve lost contact, you’re not on speaking terms, or your ex simply won’t engage. We arrange service and prepare the proof the court needs, so you’re not chasing it yourself.

Joint vs sole divorce application: which do you need?

Quick gut check. If you can both sit down (or even just exchange a few civil emails) and agree to sign, a joint application will save you time and money. If that’s not realistic – they’re unreachable, uncooperative, or you’d just rather not involve them – a sole application is your answer. There’s no “better” option; it’s about what’s actually workable for your situation.

Do you even need a lawyer for this?

You can technically do it yourself. But the bits that trip people up – getting service right on a sole application, the marriage certificate requirements, handling things when there are kids under 18 – are exactly the bits we handle every day. For a fixed fee, we prepare and file the whole thing so you’re not second-guessing a government form at 11pm.

What it costs

We keep it simple and fixed: a set fee for a joint application and a set fee for a sole one, plus the court’s filing fee. You can see the full breakdown on our divorce applications page – no hourly billing, no surprises.

One thing to sort before you divorce: your property

Here’s the sting we promised. The day your divorce is final, a clock starts – you’ve got just 12 months to apply for a property settlement. Miss it and you need the court’s permission to apply at all. So if there’s a house, super or savings to divide, get advice before or at the same time as your divorce. That’s our wheelhouse – see our family law property settlement page, and our guide on property in a divorce (and how to save thousands in transfer duty).

Not sure which one’s you? Just ask.

Honestly, this is a 5-minute conversation. Tell us your situation and we’ll tell you whether joint or sole makes sense – no charge, no pressure. Call 07 3088 7675 or drop us a line and we’ll point you in the right direction.

Frequently asked questions

Is a joint divorce application cheaper than a sole one?

Usually, yes – a joint application skips the service step, so there’s less work and no process-server cost. A sole application costs a bit more because the other party must be formally served. You can see both fixed fees on our divorce applications page.

Can I apply on my own if my ex doesn’t agree to the divorce?

Yes. You don’t need your ex’s agreement to get divorced – you make a sole application and have them served. They can’t “block” a divorce simply by refusing; as long as you’ve been separated 12 months, the court can grant it.

Do we have to go to court?

Usually not. Divorce hearings are generally decided “on the papers”, so most people never attend – especially for joint applications with no children under 18. We’ll let you know upfront if your matter is one of the rare ones that needs an appearance.

How long do we need to be separated before applying?

Generally at least 12 months. In some cases you can be “separated under one roof” and still qualify – tell us your situation and we’ll let you know where you stand.

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Vendor finance in QLD: how it works and what to watch out for

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TL;DR: Vendor finance is when the seller acts as the bank. You pay them directly, in instalments, instead of borrowing from a lender. In Queensland it is almost always an instalment contract under the Property Law Act 2023. That gives buyers real statutory protections, but under section 90 some of those protections do not switch on until the buyer serves a written notice. Meanwhile transfer duty is assessed on the full price from the day you sign, land tax moves to the buyer on possession, and the seller is taxed on the whole capital gain in the year of the contract, not the year they get paid. Get it drafted properly or do not sign.

What is vendor finance and how does it work?

Picture buying a house, but instead of a bank handing over the money, the seller does. You move in, and you pay the seller back over time, usually in regular instalments with interest, until the price is paid off. The seller keeps the title until you have paid in full.

You will also hear it called seller finance, vendor terms, owner finance or a terms contract. Same idea: the person selling the property is also the one financing it.

It is not the norm. Most people buy with a bank loan. But vendor finance turns up when a buyer cannot get traditional finance, or when a seller wants to widen the pool of people who can say yes.

Why would a seller offer vendor finance?

A few reasons. The property might be tricky to sell the usual way. The seller might prefer earning interest on the sale to taking a lump sum. Or they simply want to get a deal across the line with a buyer the banks have knocked back.

For the buyer the pitch is simple: you get into a home without jumping through the usual lending hoops, often with a smaller deposit. For someone self-employed, new to the country or rebuilding credit, that can be a genuine opportunity.

The catch is that you are trusting an individual, not a regulated lender. The interest rate is usually higher than a bank’s, the terms are tighter, and the consequences of missing a payment are more serious than a polite letter. The deal is only as good as the contract behind it.

Is vendor finance the same as an instalment contract?

In Queensland, nearly always. Section 89 of the Property Law Act 2023 defines an instalment contract as a contract for the sale of land where the buyer is bound to make one or more payments of the purchase price by instalment, other than a deposit, and is not entitled to a transfer of title in exchange for those payments.

The word doing the work is deposit. Under section 87 a deposit means a sum of not more than the prescribed percentage of the price, refundable if the seller breaches. The prescribed percentage is 10%, or 20% for a proposed lot. Push the deposit past that line, or make it non-refundable, and it stops being a deposit and starts being an instalment. That is how ordinary-looking contracts become instalment contracts by accident. We have set out the mechanics in detail in our guide to instalment contracts in QLD.

What protections does a buyer get under an instalment contract?

Four that matter, and they are genuinely strong:

The seller cannot terminate the moment you fall behind. Under section 91 the seller must give you a notice in the approved form and wait 30 days. Pay the outstanding amount inside those 30 days and the seller’s right to terminate ends, and you are treated as never having been in default.

The seller cannot sell or mortgage the land behind your back. Section 92 requires your consent, and consent only counts if the seller has told you the terms first and you have said yes to those terms in writing. Break that rule and the contract is voidable by you before settlement, and you can recover your deposit and instalments as a debt.

You can caveat the title. Section 93 lets you lodge a caveat forbidding registration of any dealing until settlement. It is a specific statutory caveat, not the ordinary kind. If you want the background, see our explainer on caveats in Queensland.

You can force the transfer. Under section 94, a buyer who is not in default can give the seller notice requiring transfer on a stated day in exchange for the balance owing. The notice has to make time of the essence and be given at least three months ahead.

Have your buyer protections actually started yet?

This is the part almost nobody mentions, and it is the single most important thing on this page.

Section 90 says that where a contract may, at the buyer’s election, be performed in a way that would make it an instalment contract, the contract is not an instalment contract unless and until the buyer gives the seller a notice electing to perform it that way.

Read that again. If your contract binds you to pay by instalments, section 89 applies and you are protected from the start. But if the contract merely gives you the option of paying that way, you get none of the section 91 to 94 protections until you serve that notice. No 30 day grace period. No caveat right. No restriction on the seller mortgaging the property.

Plenty of buyers assume the protections are automatic because that is how the old Property Law Act 1974 worked. It was repealed on 1 August 2025. If you are in a vendor finance arrangement right now, the question to ask your solicitor today is whether that notice has been served.

When is stamp duty payable on a vendor finance deal?

Immediately, on the full price, years before you own anything.

Transfer duty attaches to the agreement, not the transfer. Under the Duties Act 2001 the liability arises when the agreement is made, and the dutiable value is the consideration or the unencumbered value if that is higher. Nothing about the deferred title reduces it or spreads it across the instalments. The documents have to be lodged within 30 days of the liability date.

So a buyer paying off a $700,000 house over eight years owes duty on $700,000 in the first month, while still holding no title. Work out the number before you sign with our QLD stamp duty calculator, and read how transfer duty actually works if the timing surprises you.

And do not plan on deferring it. Queensland Revenue Office Public Ruling DA019.1.5 says an extension of time to lodge will not be granted where the condition is part of an arrangement to defer duty, and it names contracts conditional on payment of the purchase money as an example.

Who pays land tax and rates before the title transfers?

This one catches people, because the two answers point in opposite directions.

Land tax follows possession. Section 11 of the Land Tax Act 2010 says that where an agreement has been made for the sale of land, the buyer is taken to be the owner as soon as the buyer is in possession, and it applies whether or not the agreement has been completed. So the buyer can pick up a land tax liability years before the title is in their name, and land tax is assessed at midnight on 30 June. Our QLD land tax guide covers the thresholds.

Council rates generally follow the title. The council will usually still look to the registered owner, which is the seller. That makes rates a contract problem rather than a statutory one, and it needs to be dealt with expressly in the drafting.

Does a seller need a credit licence to offer vendor finance?

Possibly, and getting this wrong is the most expensive mistake on this page.

Section 10 of the National Credit Code treats an instalment land contract as the provision of credit, with the seller as the credit provider. Whether the Code actually bites turns on section 5, and in practice on one limb: whether the credit is provided in the course of a business of providing credit, or as part of or incidentally to another business.

ASIC’s Regulatory Guide 203 gives the example of a private landowner selling a single parcel by instalment contract and says they are unlikely to be carrying on a business of providing credit. But it also says that a landowner who subdivides and sells several parcels this way is more likely to be. And section 13 presumes the Code applies unless the contrary is established, so the onus sits with the seller.

If you land on the wrong side of it, section 29 of the National Consumer Credit Protection Act 2009 carries a civil penalty of 5,000 penalty units. At the Commonwealth penalty unit of $364 from 1 July 2026, that is a maximum of roughly $1.82 million for an individual. This is not a corner to cut, and it is exactly why the agreement needs proper drafting. See our loan agreements service.

When does the seller pay capital gains tax?

In the year of the contract, not the year the money arrives.

Under section 104-10 of the Income Tax Assessment Act 1997, CGT event A1 happens when you enter into the contract for the disposal. Taxation Determination TD 94/89 confirms the gain belongs to the year the contract was made, and that a seller is not required to return it until settlement actually occurs, at which point the assessment for that earlier year may need to be amended.

On a ten year instalment contract that means going back and amending a decade-old assessment, at that year’s rates and thresholds, with interest exposure if you are slow about it. The whole gain lands in one early year while the cash trickles in over ten. Model it first with our capital gains tax calculator, and get advice from your accountant before you agree to anything.

Do you still need a seller disclosure statement?

Yes. There is no vendor finance exception.

Since 1 August 2025, section 99 of the Property Law Act 2023 requires a seller to give the buyer a disclosure statement in the approved form, the Form 2, together with the prescribed certificates, before the buyer signs. The exceptions in section 100 cover related parties, government buyers, court orders, transmissions on death and very high value sales. An instalment contract is not among them.

Get it wrong and the buyer may have a termination right. See our seller’s disclosure service and what the Form 2 means for buyers.

Is rent to buy the same as vendor finance?

Not quite, and the difference matters. Under a rent to buy or rent to own arrangement you are usually a tenant paying rent, with an option to purchase later at an agreed price. Under vendor finance you are a buyer under a contract of sale from day one, paying down a purchase price.

The labels get used loosely and the legal consequences are completely different: who can evict you, what happens to the money you have already paid, whether you have any interest in the land at all. If someone is offering you a rent to buy deal, have the paperwork read before you hand over anything. An option structure has its own rules, which we cover in our guide to put and call options in QLD.

How do you protect yourself before you sign?

Whether you are the buyer or the seller, the rule is the same: get advice before you sign, not after.

For buyers, that means knowing the interest rate, the payment schedule, what happens if you fall behind, when and how you actually get the title, and whether the section 90 notice needs serving. For sellers, it means a contract that protects you if the buyer stops paying, a clear position on the credit licence question, and an accountant’s view on the CGT timing before you commit.

This is what our free pre-contract review is for. Send us the paperwork before you commit and we will tell you straight whether it stacks up. Vendor finance sits outside a standard conveyance, so it is quoted separately rather than at our standard fixed conveyancing fees.

Frequently asked questions

Is vendor finance legal in Queensland?

Yes. These arrangements are legal, and in Queensland they are usually instalment contracts governed by Part 7 Division 3 of the Property Law Act 2023. The rules apply despite any agreement to the contrary, so the parties cannot contract out of them.

What makes a contract an instalment contract in QLD?

The buyer being bound to pay the price in instalments, other than a deposit, without being entitled to a transfer of title in exchange. A deposit is capped at 10% of the price, or 20% for a proposed lot, and must be refundable if the seller breaches. Exceed that cap or make it non-refundable and the payments become instalments.

What happens if I miss a payment under vendor finance?

If the contract is an instalment contract, the seller cannot terminate for a missed instalment until 30 days after giving you a notice in the approved form. Pay within those 30 days and the seller’s right to terminate ends. Outside that regime, the ordinary contractual default provisions apply, which are far less forgiving.

Can a vendor finance buyer lodge a caveat?

Yes, a buyer under an instalment contract can lodge a caveat under section 93 forbidding registration of any dealing until settlement. It can be removed with the buyer’s consent, if the contract ends, or on other grounds shown to the registrar or the court.

Do you pay stamp duty twice on vendor finance?

No. Duty is assessed once, on the agreement, when it is made. The later transfer of title gives effect to the same dutiable transaction. The trap is not paying twice, it is paying the full amount years before you get the title.

Do I need a solicitor for a vendor finance deal?

Yes, and both sides need their own. Empire Legal never acts for both the buyer and the seller in the same transaction. Between the section 90 election, duty timing, land tax, seller disclosure, the credit licence question and CGT, this is not a deal to do on a handshake.

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Buying a house with owner-builder work in QLD

TLDR: If a house you are buying had owner-builder work done on it, there is no Queensland Home Warranty Scheme cover on that work. None. If defects show up after settlement, there is no insurer to call. The seller has to tell you in writing if they are selling within six years of finishing, and the owner-builder notation sits on the title for seven years. Get the contract reviewed before you sign. Call 07 3088 7675.

Owner-builder homes are not a problem in themselves. Plenty of them are built properly by people who cared more than a contractor would.

The problem is what you lose as the buyer, and almost nobody explains it before the contract is signed.

What owner-builder work actually means

In Queensland a homeowner needs an owner-builder permit from the QBCC for residential building work on their own land valued at more than $11,000. For farm buildings the threshold is $27,500.

The QBCC will only issue one permit to a person every six years, and most applicants have to complete an owner-builder course before they can apply.

So when you hear “the previous owner did the extension themselves”, that is not a casual DIY story. If it was worth more than $11,000 it required a permit, a course and a QBCC record.

The part that costs buyers money: no warranty cover

This is the single most important thing to understand.

Owner-builders are not eligible for the Queensland Home Warranty Scheme.

When a licensed builder does residential work over the threshold, the Home Warranty Scheme sits behind it. If the work is defective, or the builder does not finish, or the builder disappears, there is a scheme to claim against. It is the safety net the whole system runs on.

Owner-builder work has none of that. If the waterproofing under that owner-built bathroom fails in year three, you are not making a claim. You are paying for it.

That is not a reason to walk away from every owner-builder property. It is a reason to price it properly and to inspect it far more carefully than you otherwise would.

The seller has to tell you – in writing

This sits in section 47 of the Queensland Building and Construction Commission Act 1991. If an owner-builder sells within six years of finishing the work, they must give the buyer two copies of a notice setting out the work, who did it, and that it was done under an owner-builder permit. The buyer signs one copy and returns it on or before the day the contract is signed.

The notice has to carry this warning in these words:

Warning – the building work to which this notice relates is not covered by insurance under the Queensland Building and Construction Commission Act 1991.

What happens if the seller does not give it

This is the part sellers underestimate. If the notice is not given, the seller is treated as having warranted to the buyer that the building work was properly carried out.

Think about what that means. Skip a piece of paperwork, and instead of selling a house with uninsured owner-builder work clearly flagged, you have personally guaranteed the quality of that work to the person buying it. If defects surface later, the buyer has someone to pursue – and it is you.

Two things follow from that.

First, if you are buying and nobody has mentioned owner-builder work, ask the question directly and get the answer in writing. “I did not know” is a much weaker position after settlement than before it.

Second, if you are the one selling, this is not optional and it is not something to leave to the agent to remember. It sits alongside the rest of your seller disclosure obligations, and the consequences of getting disclosure wrong in Queensland have got sharper, not softer.

It shows up on the title for seven years

The owner-builder administrative advice is recorded on the property title and stays there for seven years. The former owner-builder can apply to have it removed once six years have passed since completion.

For you as a buyer, that is genuinely useful. It means a proper title search can surface owner-builder work even when the conversation has not. It is one of the few risks in a Queensland purchase that leaves a documentary trace.

It also means the reverse is true. If the work was done more than seven years ago, or the notation has been removed, the title will not tell you. That is where the building inspection has to do the work.

What to do before you sign

  • Ask, in writing, whether any owner-builder work has been done and when it was completed. Date matters – it drives both the six-year notice obligation and the seven-year title notation.
  • Order the title search early and actually read the administrative advices, not just the ownership and encumbrances.
  • Do not treat a standard building and pest inspection as enough. Tell the inspector there is owner-builder work and ask them to look specifically at waterproofing, structural changes, decks and any wet areas. A building and pest condition is only as good as the brief you give the inspector.
  • Ask whether council approvals and final certificates exist for the work. Permit and approval are not the same thing, and unapproved structures become your problem the day you settle.
  • Factor the missing warranty into your price, not your optimism.

If the work was never approved

This is the scenario that turns into real money.

Where owner-builder work was done without the necessary approvals, the liability follows the property, not the person who did it. After settlement, you are the owner of an unapproved structure, and under the Building Act 1975 the council can issue a show cause notice and then an enforcement notice to the owner for the time being – which is you. That can mean obtaining retrospective approval, rectifying the work, or in serious cases removing the structure. You pay either way.

If a search or an inspection turns up work that does not match the approvals on file, that is a conversation to have before the contract becomes unconditional, not after. Depending on the contract and the timing, there may be a way out or a way to renegotiate. Once you are unconditional, your options narrow sharply.

Frequently asked questions

Does home warranty insurance cover owner-builder work in QLD?
No. Owner-builders are not eligible for the Queensland Home Warranty Scheme, so there is no insurer standing behind the work if defects appear.

Do I have to be told if a house had owner-builder work?
If the owner-builder is selling within six years of completing the work, section 47 of the QBCC Act requires them to give you a signed notice carrying a warning that the work is not covered by insurance. If they do not, they are treated as having warranted the work was properly carried out. Outside that window, ask directly and check the title.

How long does owner-builder work stay on the title in Queensland?
The administrative advice is recorded for seven years. The former owner-builder can apply to remove it six years after completion.

What value of work needs an owner-builder permit in QLD?
More than $11,000 for residential building work on your own land, or more than $27,500 for farm buildings.

Can I still buy a house with owner-builder work?
Yes, and plenty of people do. You are accepting a property with no warranty scheme behind part of it, so the inspection needs to be sharper and the price needs to reflect it.

What has to be in the owner-builder notice?

Four things: details of the building work performed, the name of the owner-builder permit holder who did it, a statement confirming the work was performed under an owner-builder permit, and the warning that the work “is not covered by insurance under the Queensland Building and Construction Commission Act 1991”. A vague line in the contract about “owner-builder works” is not that notice.

Do I have to sign the notice?

The seller must give you two copies. You sign one and return it to them on or before you sign the contract of sale. Signing acknowledges you received the warning. It does not mean you accept the work is sound, and it does not stop you getting your own inspection.

What if the seller never gave me a notice at all?

That position is better for you than it looks. Where the notice is not given, the law treats the seller as having warranted that the building work was properly carried out, and they can be liable for faults that show up later. Get advice quickly rather than assuming it is a technicality.

Can I get home warranty insurance for owner-builder work?

No. Owner-builders are not eligible for the Queensland Home Warranty Scheme, so there is no policy sitting behind that work and there is no way to buy one after the fact. That is the whole reason the warning notice exists.

How long does the notation stay on the title?

The owner-builder administrative advice stays on the title for seven years. After that, Titles Queensland removes it when another dealing is registered. If the seven years have passed and the owner wants it gone sooner, they can lodge a Form 14 General Request with Titles Queensland, and there is an administrative fee.

Is owner-builder work a reason to walk away?

Not by itself. Plenty of owner-builder work is better than what a builder on a tight margin would have delivered. What it removes is your safety net, so the question is not whether the work is owner-builder, it is whether you have satisfied yourself about the work with your own building inspection and your own searches before you go unconditional.

Get the contract looked at first

Owner-builder work is one of the things we check for as part of a contract review, because it is cheap to find before you sign and expensive to discover after you settle.

Call 07 3088 7675 or get a fixed-fee quote.

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Neighbour disputes QLD: fences, trees and the sale trap

TLDR: Queensland has one Act covering fences and trees between neighbours – the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. Fences are usually a 50/50 job and start with a Notice to Contribute. Overhanging branches have a strict three-part test before you can send a notice. And if there is a QCAT tree order on a property you are selling, failing to hand it over can let your buyer walk away right up to settlement. Call 07 3088 7675 or get the contract checked before you sign.

Neighbour disputes are the legal problem people put off longest. A fence falls over, a branch drops on the shed, nobody wants the awkward conversation, and two years later it is a QCAT application.

The rules are actually clearer than most people think. Here is how fences, trees and the sale trap work in Queensland.

Dividing fences: who pays what

The starting position is simple. Neighbours contribute equally to building and maintaining a sufficient dividing fence. Not the person who wants it. Not the person whose dog keeps getting out. Both of you, half each.

“Sufficient” is doing a lot of work in that sentence. It means a fence that is reasonable for the type of properties involved – it does not mean the fence your neighbour saw on Instagram. If one of you wants something fancier than sufficient, that person pays the difference.

The Notice to Contribute

You cannot just build a fence, send an invoice and expect to be paid. The process is:

  • Give your neighbour a Notice to Contribute for Fencing Work. It has to set out the boundary, the fence type, how it will be built, the estimated cost and what you say their share is.
  • Attach at least one written quote. Two is better – it makes you look reasonable, which matters if this ends up in front of a tribunal.
  • Your neighbour then has one month to reach agreement with you.
  • If you cannot agree, either of you can apply to QCAT – but you must do it within two months of the notice being given.

Miss that two-month window and you are starting the whole process again.

The limit most people do not know about

QCAT hears dividing fence disputes up to $25,000, excluding interest. But there is an exception worth knowing: if the dividing fence forms part of a pool barrier, the amount in dispute is unlimited.

That is not a technicality. Pool fencing is the one area where a neighbour dispute can get genuinely expensive, and it sits alongside your pool safety certificate obligations when you sell.

The two deadlines people miss

You cannot apply to QCAT about a dividing fence at all unless you have served a Notice to Contribute first. That is a gate, not a formality.

After the notice is given the clock runs twice. Your neighbour has one month to reach agreement with you about the work and the contributions. If that month passes without agreement, either of you may apply to QCAT, but only within two months of the notice being given. Miss that window and you are back to serving a fresh notice and starting again.

If they object, do not build it anyway

This is where otherwise reasonable people lose money. If your neighbour refuses to contribute, challenges the cost, or disagrees with the type of fence or repair, you must not go ahead, build it, and send them the bill. Serving the notice is what buys you the right to have QCAT decide. Building over the top of an objection does the opposite.

What is not a dividing fence

Plenty of expensive arguments start here. A retaining wall is not a dividing fence, and neither is a wall that forms part of a house or a garage. The dividing fence rules, equal contribution, the Notice to Contribute and the QCAT process, simply do not apply to them.

That matters because a retaining wall is usually the more expensive structure of the two. Who is responsible for one is answered by the title, the original development approval and sometimes an easement, not by the fencing legislation. If your neighbour is talking about “the fence” while pointing at a retaining wall, you are in a different conversation than you think.

What actually happens at QCAT

It depends on the number. If the amount claimed is under $1,500, the matter is listed straight for a hearing with no mediation. Above $1,500 it goes to mediation first, and is only listed for a hearing if mediation does not resolve it.

QCAT can also deal with more than construction and repair. Removing an existing fence, and compensation for damage to a fence, both sit inside the same jurisdiction.

Overhanging branches: the three-part test

You have always been allowed to cut branches back to the boundary at your own cost. What the Act added was a way to make the tree owner pay.

Before you can send a notice, all three of these have to be true:

  • The branches overhang more than 50cm over your boundary
  • They are less than 2.5m above the ground
  • The tree is not covered by a vegetation protection order

Fail any one of those and the notice route is closed to you.

If all three are met, you serve a Form 3 – Notice for removal of particular overhanging branches. Your neighbour has 30 days to deal with it. If they do not, you can arrange the work yourself and recover up to $300 toward cutting and removal. If they refuse to pay, that becomes a minor debt claim in QCAT.

$300 is not much. That is deliberate – the notice is designed for a bloke with a ladder, not a crane and a traffic management plan.

When the notice route is not available

High branches, roots lifting your driveway, a tree dropping limbs on your roof, a protected tree – none of those fit the Form 3 test. For those you make a tree dispute application to QCAT, which can order the tree-keeper to prune, remove or maintain the tree.

QCAT will want to see you tried to sort it out first. Talk to your neighbour, then a Dispute Resolution Centre, then the tribunal. Turning up having done neither does not go well.

The expensive one: selling with a tree order

This is the part that turns a neighbour dispute into a conveyancing problem, and most sellers have never heard of it.

Under section 83 of the Act, if there is a QCAT application or order about a tree on your land, you must give the buyer a copy before they enter into the contract.

Get it wrong and the consequences are not small:

  • Section 83 carries a maximum penalty of 500 penalty units – a fine running into tens of thousands of dollars.
  • Under section 86(2), the buyer can terminate the contract at any time before it settles, by giving a signed, dated notice of termination to the seller or the seller’s agent. Not within five days. Any time before settlement.
  • Under section 86(6), the seller and the person acting for the seller who prepared the contract are liable to the buyer for the reasonable legal and other expenses the buyer incurred after signing.
  • Under section 87, if the seller failed to hand over the order and has not done the work by the transfer day, the seller remains liable to carry out the work – even though the land now belongs to the buyer.

Read that last one again. You can sell the house and still be on the hook for the tree.

For agents, the exposure sitting in that third bullet is the reason this is worth knowing before you list, not after. It is the same category of risk as the rest of the seller disclosure regime.

A live fence dispute when you are selling

The tree order rule above is statutory and severe. A fence dispute is a different animal, and the risk is practical rather than prescribed.

An unresolved contribution is a debt argument between two owners. An application already on foot at QCAT is something a buyer’s solicitor may well ask about. And a half finished or damaged boundary fence is the first thing a buyer notices at the pre-settlement inspection. None of that stops a sale on its own, but all of it is far cheaper to deal with before you list than in the week before settlement.

If there is anything live on your boundary, tell your solicitor when you instruct them, not when the buyer raises it.

Before you buy

If the property has a mature tree near a boundary, or a fence that looks like it has been argued about, ask the questions before you sign:

  • Is there any QCAT application or order about a tree on the land?
  • Has a Notice to Contribute been given or received in the last two months?
  • Does any dividing fence form part of the pool barrier?
  • Is any tree on the property subject to a vegetation protection order?

None of these show up in a standard title search. They come out of asking, and out of proper pre-contract due diligence.

Frequently asked questions

Can I cut my neighbour’s branches myself in QLD?
Yes, you can always cut back to the boundary line at your own cost. The Form 3 notice process only matters when you want the tree owner to pay, and that requires branches more than 50cm over the boundary and less than 2.5m off the ground.

Who pays for a dividing fence in Queensland?
Both neighbours, equally, for a sufficient fence. If one owner wants something better than sufficient, they pay the difference.

What happens if my neighbour ignores the Notice to Contribute?
They have one month to agree. After that either owner can apply to QCAT, but the application must be made within two months of the notice being given.

Do I have to tell a buyer about a tree dispute?
Yes. Section 83 requires you to give the buyer a copy of any QCAT tree application or order before the contract is entered into, with a maximum penalty of 500 penalty units. If you do not, section 86 lets the buyer terminate at any time before settlement and makes both you and whoever prepared the contract liable for the buyer’s reasonable costs.

Is there a limit on what QCAT can order for a fence?
$25,000 excluding interest for a normal dividing fence. If the fence forms part of a pool barrier, there is no limit.

What counts as a sufficient dividing fence in Queensland?
Between 0.5 and 1.8 metres high, and built mainly from prescribed material: timber palings, chain wire, metal panels or rods, brick, rendered cement, concrete blocks, or a hedge. Anything you and your neighbour agree on also counts as sufficient, and so does whatever QCAT decides is sufficient for your street.

Is a hedge a dividing fence in Queensland?
It can be. A dividing fence is anything that encloses land, so a ditch, an embankment, a hedge or even a creek can qualify, along with gates and cattle grids. It does not have to run the full length of the boundary either.

Who owns a fence that is not on the boundary line?
Whoever owns the land it stands on, even if the neighbour paid half towards it. If you are splitting the cost, make sure the fence goes on the common boundary. A fence built a metre inside one property is that owner’s fence, and the person who chipped in owns nothing.

Is a retaining wall a dividing fence in Queensland?
No. Retaining walls hold back earth rather than divide land, and they are not fences under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011. They usually benefit one side more than the other, so the halves rule does not apply. QCAT can still make orders about a retaining wall where fixing the fence requires work on it.

Who pays when a tradesperson damages a dividing fence?
The owner who let them onto the property. If an owner, or anyone they have allowed on, damages a dividing fence they have to restore it to a reasonable standard given its condition beforehand. If they will not, you are back to a Notice to Contribute, or to the urgent fencing work route where the damage cannot wait.

How many quotes do I need before sending a Notice to Contribute?
One is the legal minimum. Two is better and is what most neighbours expect to see. If yours thinks the quotes are high, they are entitled to obtain their own, which is usually cheaper than arguing about it.

Getting it sorted

Most neighbour disputes are cheap to prevent and expensive to litigate. If you are buying, we check for this as part of your contract review. If you are selling with a tree order in the background, tell us before the contract goes out – not after your buyer’s solicitor finds it.

Call 07 3088 7675 or get a fixed-fee quote.

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Do you need a lawyer to make a will in Queensland?

TLDR: In Queensland you can legally write your own will without a lawyer – but a DIY kit is easy to get wrong, and the mistakes only surface once you’re gone. If you own property, have a blended family, or just want it done right, a wills lawyer is money well spent. Empire Legal’s wills and estates lawyers draft fixed-fee wills from $500 across Brisbane, Bayside and the Gold Coast. Call 07 3088 7675 or book in online.

Here’s the honest answer to a question we hear all the time: no, you don’t legally need a lawyer to make a will in Queensland. You can grab a kit, fill it in at the kitchen table, and tick the box.

But “can” and “should” are two very different things.

Making a will is one of those jobs that sits at the bottom of the to-do list for years, then gets rushed. And when a homemade will goes wrong, you’re not around to fix it – your family is. So let’s run through when a DIY will is fine, and when you really want a will lawyer in your corner.

Can you legally write your own will in QLD?

Yes. Queensland law doesn’t require your will to be drafted by a solicitor. To be valid, it generally needs to be in writing, signed by you, and witnessed by two people who are present at the same time and aren’t beneficiaries.

Sounds simple enough. The catch is that getting any one of those details wrong can sink the whole thing. A will that isn’t signed or witnessed properly can be challenged, partly ignored, or thrown out entirely – and then Queensland’s intestacy rules decide who gets what, not you.

Where DIY wills go wrong

Will kits are built for the simplest situations. Most people’s lives aren’t that simple. The traps our wills and estates lawyers see again and again:

  • Vague wording – “I leave everything to my kids” sounds clear until the kids disagree on what “everything” means.
  • Blended families – second marriages, stepchildren and exes are where DIY wills cause the most heartbreak.
  • The family home – how your property is owned (joint tenants vs tenants in common) changes what your will can actually do with it.
  • Superannuation – your super usually sits outside your will unless you’ve set up a binding death benefit nomination.
  • Signing slip-ups – the wrong witnesses, a missing signature, or notes scribbled in later that simply aren’t valid.

When you really need a wills lawyer

If any of these sound like you, get proper advice rather than rolling the dice:

  • You own property, run a business, or have meaningful assets.
  • You’ve got a blended family, or someone you’d rather leave out.
  • You have young children and need to name guardians.
  • You want a testamentary trust to protect assets or provide for someone over time.
  • You’re worried someone might contest your will.

This is bread-and-butter work for a wills and estates lawyer. We’ve seen how these situations play out, so we draft for the curveballs before they happen.

What a will lawyer actually does for you

A good will lawyer doesn’t just type up your wishes. They ask the questions you didn’t think to ask, spot the gaps, make sure the document is watertight, and structure things so your estate passes the way you want – with as little tax and friction as possible. They’ll also flag the bits that pair with a will, like an enduring power of attorney and an advance health directive, so the whole picture is covered. That’s the difference between a wills lawyer and a $30 kit.

What it costs at Empire Legal

We keep it refreshingly simple. Fixed-fee wills start from $500 (per person for a couples will), so you know the price before we start – no hourly clock ticking away in the background. Most simple wills are drafted, reviewed and signed within a week or two. Need something more involved, like a trust or complex assets? We’ll walk you through it and quote up front.

Not sure whether you’re a DIY job or a “get the lawyer” job? That’s exactly what a quick chat sorts out. Talk to our wills and estates lawyers in Brisbane and on the Gold Coast, or read our guide on how much a will costs in QLD.

Frequently asked questions

Is a handwritten will valid in Queensland?
It can be, if it’s signed and witnessed correctly. But handwritten wills are far more likely to be ambiguous or challenged, so they’re risky.

How much does a will cost in QLD?
Anywhere from a cheap DIY kit to several hundred dollars for a lawyer-drafted will. At Empire Legal, fixed-fee wills start from $660 for an individual, and are cheaper for couples!

How long does it take?
Most simple wills are done within one to two weeks from your first chat.

Can I update my will later?
Yes. You should review it after big life events – marriage, divorce, kids, buying property, or a death in the family.

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Do I really need a loan agreement?

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TLDR: If money’s changing hands and you’d want it back, you need a loan agreement. A verbal loan can be legally valid, but proving it is the hard part – and that’s exactly when arguments happen. A written loan agreement sets the terms, makes the loan enforceable, and saves everyone a world of pain if things go wrong. Here’s when you need one and what it should cover.

In Queensland, people lend money for all sorts of reasons – a loan to a business partner, money fronted to a mate, a director lending to their own company, a vendor finance arrangement on a sale. The amounts can be serious. The paperwork, more often than not, is non-existent.

So do you actually need a loan agreement? Let’s break it down.

Is a verbal loan even legal?

Yes – a verbal loan can be a legally binding contract. The catch is enforcement. If the borrower says “that was a gift” or “we agreed I’d pay it back next year, not now”, how do you prove otherwise? Text messages and bank records help, but they’re a weak substitute for a clear written agreement. When money’s on the line, “legally valid but impossible to prove” isn’t a position you want to be in.

What happens without a loan agreement

When there’s nothing in writing, you’re exposed to some classic problems:

  • Disputes over the terms. Was there interest? When was it due? Nobody can agree, because nobody wrote it down.
  • The “it was a gift” defence. Without proof it was a loan, you may struggle to get your money back at all.
  • No security. If you didn’t document security over an asset, you’re an unsecured creditor – last in line if the borrower goes under.
  • Tax and accounting headaches. For business and related-party loans, your accountant will want it documented properly.

When you definitely need one

You should get a written loan agreement when:

  • The amount is significant enough that losing it would hurt.
  • The loan is between a business and its directors or shareholders, or between related companies.
  • You want the loan secured against property or another asset.
  • It’s a vendor finance or deferred-payment arrangement.
  • The repayment terms are anything more complex than “pay me back whenever”.

Honestly, the bar is low. If you’d be upset not to get the money back, write it down.

What a loan agreement should cover

A solid agreement spells out the loan amount, whether interest applies and at what rate, the repayment schedule (or that it’s repayable on demand), what counts as a default and what happens then, and whether the loan is secured. For secured loans, that usually means a registered mortgage or other security documented alongside the agreement.

Get it drafted properly

You can find templates online, but a generic template won’t reflect your situation – and a poorly drafted agreement can be worse than none at all. We’re a Queensland law firm, so your agreement is drawn up by real solicitors who’ll make sure it’s clear and enforceable.

At the time of publishing this article, a standalone loan agreement is $2,000, or $2,200 plus lodgement fees if you want it secured with a registered mortgage. Already been handed an agreement to sign? We’ll review it for $1,200 to $1,500 depending on length and complexity, and tell you in plain English what you’re agreeing to.

Talk to us about a loan agreement – it’s a small cost for a lot of peace of mind. Lending to a family member? See our guide on lending money to family.

Do I need a loan agreement: FAQs

Is a verbal loan agreement legally binding in Australia? It can be, but it’s very hard to prove. A written agreement removes the doubt about the terms and that the money was a loan, not a gift.

What happens if there’s no loan agreement and the borrower won’t pay? You can still try to recover the money, but without written terms you’re relying on bank records, messages and recollections – which makes it slower, harder and more expensive. Many disputes come down to “loan or gift”, and that’s exactly what a written agreement settles.

Can I just use a free template online? You can, but a generic template may not suit your situation and a badly drafted one can cause more problems than it solves. For anything significant, it’s worth having a solicitor draft or review it.

Do business or director loans need a written agreement? For tax, accounting and to avoid disputes, yes – related-party and director loans should always be documented properly.

How much does a loan agreement cost? A standalone loan agreement is $2,000, a mortgage-linked agreement is $2,200 plus lodgement fees, and advice on an existing agreement is $1,200 to $1,500 depending on complexity.

Can you act for both the lender and the borrower? No – we only act for one party to avoid any conflict of interest. The other side should get their own independent advice.

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De facto property rights in Queensland: what you’re actually entitled to

“We weren’t married, so I’ve got no claim.” It’s one of the most common – and most costly – misunderstandings out there. In Queensland, de facto partners have property rights that look a lot like those of married couples. So if you’ve separated from a long-term partner, or you’re moving in with someone and want to know where you’d stand, this one’s for you. Here’s what being de facto really means for your property.

TLDR

  • De facto couples in QLD have property settlement rights similar to married couples – no marriage certificate required.
  • You’re generally “de facto” if you’ve lived together as a couple on a genuine domestic basis – often after about 2 years, or sooner if you have a child together or one partner made substantial contributions.
  • It covers same-sex and opposite-sex couples equally.
  • On separation, the same four-step property process applies as for married couples.
  • There’s a strict time limit: generally 2 years from separation to formalise a settlement.
  • A cohabitation agreement (a type of BFA) can set the rules up front. Empire Legal can help – call 07 3088 7675.

“We weren’t married” doesn’t mean “no rights”

Let’s kill the myth first. Under Australia’s family law system, de facto partners have broadly the same property rights as married couples. The fact you never tied the knot doesn’t shut you out of a property settlement.

That cuts both ways. It can protect a partner who contributed to a shared life but isn’t on the title. And it can expose someone who assumed their assets were safe simply because there was no wedding. Either way, knowing where you stand matters.

What counts as a de facto relationship?

Not every relationship is “de facto” in the legal sense. Broadly, you’re de facto if you live together as a couple on a genuine domestic basis and aren’t married to each other or related.

There’s no single test – the court looks at the whole picture: how long you were together, whether you lived under one roof, your financial arrangements, whether you owned property together, your commitment to a shared life, and whether you had children. Generally, property rights kick in once you’ve been together around 2 years, but that’s not a hard rule – the threshold can be met sooner if you have a child together, or if one partner made substantial contributions and it’d be unfair to ignore them.

Same-sex and opposite-sex couples are treated exactly the same.

What you’re entitled to on separation

If you separate, the property division follows the same four-step process that applies to married couples – identify the asset pool, weigh up each person’s contributions (financial and non-financial), consider future needs, and check the overall result is fair. We walk through those steps in detail in our guide on property settlement after separation.

The headline: it’s not automatically 50/50, and it’s not based on whose name is on the title. Contributions and needs drive the outcome. Someone who raised the kids and ran the household while their partner’s name sat on the deeds can absolutely have a claim – and a strong one.

Watch the clock – 2 years

This is the trap that catches de facto partners out. You generally have just 2 years from the date of separation to apply for a property settlement. Miss it and you’ll usually need the court’s special permission to proceed, which isn’t guaranteed.

It’s a tighter, easier-to-miss deadline than people expect – especially when an amicable split drifts on for years before anyone formalises anything. If you’ve separated, don’t let it slide.

Protecting yourself up front

You don’t have to wait for things to go wrong. Couples can set the ground rules in advance with a cohabitation agreement (a form of Binding Financial Agreement), which records how property would be divided if you separated. It’s not unromantic – it’s the same logic as insurance. It’s especially worth considering if one partner brings significantly more into the relationship, has children from a previous relationship, or owns a business. It also pays to understand how you actually hold any property you buy together – see joint tenants vs tenants in common.

Frequently asked questions

Do de facto couples have property rights in Queensland? Yes. De facto partners have property settlement rights broadly similar to married couples under Australia’s family law system. You don’t need to have been married to make a claim.

What counts as a de facto relationship? Living together as a couple on a genuine domestic basis. The court weighs factors like the length of the relationship, living arrangements, finances, shared property and children. There’s no single test.

How long do you have to be together to be de facto? Generally about 2 years, but property rights can arise sooner if you have a child together or one partner made substantial contributions that it would be unfair to overlook.

Are same-sex couples covered? Yes. De facto property rights apply equally to same-sex and opposite-sex couples in Queensland.

How is property divided when a de facto couple separates? Through the same four-step process as married couples: identify the asset pool, assess contributions, consider future needs, and check the result is just and equitable. It’s not automatically 50/50 and isn’t based purely on whose name is on the title.

Is there a time limit for de facto property settlement? Yes, and it’s strict – generally 2 years from the date of separation. After that you usually need the court’s permission to apply, which isn’t guaranteed.

Can de facto partners protect their assets in advance? Yes. A cohabitation agreement (a type of Binding Financial Agreement) can set out how property would be divided if you separate. It’s worth considering when one partner brings more into the relationship or owns a business.

How Empire Legal helps

Whether you’ve separated from a de facto partner or you’re planning ahead, we can advise on where you stand and lock in certainty – through a property settlement, consent orders, or a cohabitation/Binding Financial Agreement. We act for one party only and keep things as constructive as possible.

Call 07 3088 7675 or email info@empirelegal.com.au, Monday to Friday, 9am-5pm. Learn more about family law and property settlement.

This article is general information only and isn’t legal advice. De facto matters turn on their facts – get advice on yours.

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Property settlement after separation in QLD: how it actually works

A relationship ending is hard enough without the property fog that comes with it. Who gets what? Is it just split 50/50? Do you have to go to court? The good news: most separating couples in Queensland sort their property without ever seeing a courtroom, and the process is more logical than you’d expect. Here’s how property settlement actually works after a separation – in plain English.

TLDR

  • Property settlement is how a separating couple divides assets and debts – it applies to married and de facto couples alike.
  • It’s not automatically 50/50. The law works through a four-step process to land on what’s fair in your situation.
  • Most couples settle by agreement, then make it legally binding with consent orders or a Binding Financial Agreement (BFA) – no court battle needed.
  • There are time limits: generally 12 months after a divorce, or 2 years after a de facto separation, to formalise things.
  • Getting the agreement documented properly is what stops it being reopened later.
  • Empire Legal handles property settlements and the paperwork to lock them in. Call 07 3088 7675.

It’s not just “split it down the middle”

The biggest myth is that everything gets halved. It doesn’t work that way. Queensland (under the federal family law system) uses a structured approach to decide what’s fair – and “fair” depends on your circumstances, not a fixed formula.

It also isn’t only for married couples. De facto partners have property rights too, which we cover in detail in our guide on de facto property rights. And property settlement is separate from divorce – divorce ends the marriage, settlement divides the assets. You can read how the two interact in what happens to property in a divorce.

The four-step process

Here’s the framework used to work out a property settlement:

1. Work out the asset pool. List everything – house, cars, savings, super, businesses, investments – and the debts. This is the net pool to be divided.

2. Assess contributions. What each person brought in and contributed over the relationship: financial contributions (income, deposits, gifts), and non-financial ones too (homemaking, raising kids, renovating). Both count.

3. Consider future needs. Things like age, health, earning capacity, and who’s caring for the children. A genuine difference here can shift the split.

4. Check it’s just and equitable. Step back and ask whether the overall result is fair. If not, it’s adjusted.

Run those steps and you get a percentage split – which might be 50/50, or 60/40, or something else entirely, depending on the facts.

You don’t have to go to court

This is the part that surprises people. The vast majority of separating couples reach an agreement between themselves (often with a bit of help) and never litigate. Court is the last resort, not the default.

Once you’ve agreed, though, a handshake isn’t enough. You make it legally binding one of two ways:

Consent orders. You apply to the court to formalise your agreement on paper. The court doesn’t drag you in – it reviews the proposed orders and, if they’re fair, makes them official. This also unlocks duty exemptions on transferring property between you.

Binding Financial Agreement (BFA). A private contract setting out the split, signed with each party having their own legal advice. BFAs can also be made before or during a relationship, not just at the end.

Which one suits you depends on your circumstances – we’ll talk you through both.

Mind the time limits

Don’t sit on it. There are deadlines to formalise a property settlement: generally within 12 months of a divorce becoming final, or within 2 years of a de facto relationship ending. Miss them and you may need the court’s permission to proceed, which isn’t guaranteed. If divorce is on the cards, it’s smart to deal with property before or alongside the divorce application, not after.

Why documenting it properly matters

The whole point of settling is certainty – knowing it’s done and can’t be unpicked. An informal agreement scribbled between you can come back to haunt you, because either party might later claim more. Consent orders or a BFA, done properly, draw a line under it. That peace of mind is worth getting right.

Frequently asked questions

How is property divided after separation in Queensland? Through a four-step process: identify the asset pool, assess each person’s contributions, consider future needs, and check the result is just and equitable. It produces a percentage split based on your circumstances – not an automatic 50/50.

Is property always split 50/50 after separation? No. A 50/50 split is just one possible outcome. The division depends on contributions, future needs and what’s fair overall, so it might be 50/50, 60/40 or another result entirely.

Does property settlement apply to de facto couples? Yes. De facto partners in Queensland have property settlement rights similar to married couples, provided the relationship meets the legal definition. The same four-step process applies.

Do I have to go to court to divide property? Usually not. Most couples reach agreement and formalise it through consent orders or a Binding Financial Agreement without a court hearing. Court is a last resort if you genuinely can’t agree.

What’s the difference between consent orders and a BFA? Consent orders are your agreement approved and made binding by the court (and can unlock duty exemptions). A Binding Financial Agreement is a private contract where each party gets independent legal advice. Both make the split legally binding.

Is there a time limit for property settlement in QLD? Yes. Generally you have 12 months after a divorce is finalised, or 2 years after a de facto relationship ends, to formalise a property settlement. After that you may need the court’s permission.

Is property settlement the same as divorce? No. Divorce legally ends a marriage; property settlement divides your assets and debts. They’re separate processes, though it’s wise to handle property settlement before or at the same time as a divorce.

How Empire Legal helps

We help separating couples – married and de facto – reach a fair property settlement and lock it in properly, whether through consent orders or a Binding Financial Agreement. We act for one party (never both), keep it as calm and constructive as possible, and handle any property transfers that flow from the agreement.

Call 07 3088 7675 or email info@empirelegal.com.au, Monday to Friday, 9am-5pm. Learn more about family law and property settlement.

This article is general information only and isn’t legal advice. Every separation is different – get advice on your situation.

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The information on this website is general in nature and does not take into account your personal circumstances. It is not legal advice and should not be relied on as legal advice. Empire Legal is a Queensland law practice and this website refers to Queensland law, which changes. For advice on your situation contact us, or read the full disclaimer.

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