A note on CAV Gasworks Pty Ltd v JYP Jiang Pty Ltd [2026] QCA 221. Titles issued before the sunset date, but the developer ended the contract months later. By majority, and for different reasons, Crow J and Hindman J held that ‘cannot’ in this contract’s sunset clause was not confined to strict impossibility and tied the seller’s notice to its readiness to settle, subject to acting honestly and reasonably. Bradley JA dissented. The judgment for the buyer was set aside.
Category: Property
Off-the-plan contract review in Queensland: the clauses to check before you sign
An off-the-plan buyer’s main protection is statutory: rights to terminate for missing or inaccurate disclosure, changed community management statements and settlement delay, each with its own deadline. This guide covers the clauses to check against them before signing.
Retaining wall disputes in Queensland: why the fencing rules do not apply
Queensland’s dividing fence rules expressly exclude retaining walls, so there is no statutory even split and usually no QCAT. What governs instead is the reciprocal duty of support in s 179 of the Property Law Act 2023 (Qld), the encroachment regime, and whatever the title documents say.
Sunset clauses in Queensland off-the-plan contracts: what the 2023 reforms changed
Queensland restricted how a developer can use a sunset clause to end an off-the-plan contract. The protections cover vacant lots in a land subdivision, but not apartments in a community titles scheme.
Huang v Body Corporate for the Dorchester: when a BCCM adjudicator is a tribunal, not a public entity
A note on Huang v Body Corporate for the Dorchester CTS 10749 [2026] QCA 147, where the Court of Appeal held that a body corporate adjudicator exercises judicial power and that section 5(2)(a) imposes no freestanding human rights obligation on a tribunal.
Brades Property: the weight of a satisfaction clause
A short satisfaction clause gave the buyer substantial protection, but not an absolute discretion. The Court focused on practical uncertainty in the approval conditions.
Novadeck Pty Ltd v CK & PT Property Holdings Pty Ltd: why an EFT instruction did not pay the deposit
A bank’s confirmation of an EFT instruction did not amount to payment of the deposit. The 2 to 1 split exposes a practical risk in finance notices and electronic transfers.
The Form 2 Seller Disclosure Statement in Queensland: What It Covers and When a Buyer Can Terminate
Since 1 August 2025, Queensland sellers must give buyers a Form 2 disclosure statement before they sign. Here is what it covers, what it leaves out, and when a buyer can terminate the contract.
How Much Does Conveyancing Cost on the Gold Coast?
What drives conveyancing cost on the Gold Coast: professional fees versus government charges and disbursements, fixed fee or hourly, and why the cheapest quote is not always the lowest cost.
Owning Property With Someone Else in Queensland: Joint Tenants, Tenants in Common, and Disputes
The short version 01Joint tenants hold the property together. If one dies, the survivor automatically takes the whole property, regardless of any will. 02Tenants in common hold distinct shares, which can be unequal and which pass under a will (or the intestacy rules) on death. 03A joint tenancy can be severed and converted to a… Continue reading Owning Property With Someone Else in Queensland: Joint Tenants, Tenants in Common, and Disputes