Ensure Legal

03/09/2026

The body corporate certificate is an important starting point—but it may not tell the whole story.

A targeted records search can reveal proposed special levies, building defects, insurance issues, long-term contracts, owner disputes and major works that may affect the real cost of buying an apartment or townhouse.

Our new guide explains how to examine:

• committee and general meeting minutes
• sinking-fund forecasts and financial statements
• special levies and owner arrears
• insurance policies, valuations and claims
• defect and engineering reports
• caretaking and management contracts
• by-laws, improvements and dispute history

Read the full guide: https://ensurelegal.com.au/body-corporate-records-search-queensland/

General information only. Legal review does not replace building, engineering or insurance advice.

A Queensland body corporate records search can reveal special levies, defects, insurance gaps and disputes. Learn what buyers should check before signing.

01/09/2026

A property sale does not automatically end an existing residential tenancy.

Before buying a tenanted property, a buyer should confirm whether the contract promises vacant possession or continuation of the tenancy—and make sure the tenancy timetable matches settlement and the buyer's intended use.

Important checks include:

• fixed-term or periodic agreement
• rent ledger and last rent-increase date
• rental bond and RTA ownership-change records
• notices, disputes and outstanding repairs
• minimum housing standards
• settlement adjustments and property-management handover
• home-concession occupation requirements

Read the complete buyer checklist: https://ensurelegal.com.au/buying-tenanted-property-queensland/

General information only. Obtain advice before signing or taking steps to end a tenancy.

Buying a tenanted property in Queensland? Check the lease, vacant possession, bond, rent history, duty and settlement obligations before signing.

28/08/2026

Buyer win in Queensland: Chevron One sunset clause termination attempts fail

The Supreme Court of Queensland has declared two off-the-plan apartment contracts valid and binding, despite the developer’s attempt to terminate them after the contractual sunset dates.

The decision is an important reminder that a sunset date does not necessarily give a developer an automatic right to walk away. The outcome depends on the contract wording, the parties’ rights and conduct, and the legislation applying to the type of property.

If you receive a sunset clause termination notice, obtain urgent legal advice before consenting, accepting a refund or signing any release.

Read our case analysis:
https://ensurelegal.com.au/off-the-plan-sunset-clause-queensland-chevron-one-case/

This post provides general information only and is not legal advice.

A 2026 Queensland Supreme Court decision kept two Chevron One off-the-plan apartment contracts alive. Learn what it means for sunset clauses and buyers.

27/08/2026

Selling or transferring deceased-estate property involves more than locating the will and signing a transfer.

The correct pathway depends on how the property is owned, whether probate or letters of administration are required, who has authority to deal with the title, and whether a Queensland transfer-duty exemption actually applies.

Our latest guide covers:

• joint tenants versus tenants in common
• executor and administrator authority
• title transmission and beneficiary transfers
• section 124 duty exemptions
• Form 2 seller disclosure for an open-market sale
• practical steps before settlement

Read the full article: https://ensurelegal.com.au/deceased-estate-property-queensland/

General information only. Estate, duty and tax outcomes depend on the documents and circumstances.

Selling deceased estate property in Queensland? Understand executor authority, title forms, duty exemptions, disclosure and settlement steps.

25/08/2026

Signing a commercial lease through a company does not always protect the director behind it.

A personal guarantee may expose a director or another guarantor to unpaid rent, make-good costs, legal expenses and other lease liabilities—even after the business changes hands.

Before signing, consider:

• whether the guarantee is capped or unlimited
• how long it continues
• what happens on assignment or renewal
• whether a written release is required
• how the guarantee interacts with the security deposit or bank guarantee

Our latest guide explains the key risks and negotiation points in Queensland commercial leases.

Read the full article: https://ensurelegal.com.au/personal-guarantees-queensland-commercial-leases/

General information only. Obtain advice for your lease and circumstances.

Understand personal guarantees in Queensland commercial leases, director risks, liability limits, assignments and release options before signing.

24/08/2026

Property settlement delayed in Queensland? What buyers and sellers should know

A delayed settlement can affect finance, moving arrangements, interest, default rights and the release of funds. The consequences depend on the contract wording, the reason for delay and which party is unable to settle.

Before agreeing to an extension or assuming the contract will simply continue, consider:

• whether a time-of-the-essence obligation applies;
• default interest and legal costs;
• notices and termination rights;
• finance and lender readiness;
• possession, keys and insurance; and
• whether any variation is properly documented.

Our latest guide explains the practical and legal issues buyers and sellers should consider when settlement cannot occur on time.

Read more:
https://ensurelegal.com.au/delayed-property-settlement-queensland/

General information only. Legal advice depends on the circumstances of each transaction.

Unable to settle a Queensland property contract on time? Learn about five-day extensions, delay events, default risks, deposits and urgent next steps.

13/08/2026

🏡✨ Selling a property in Queensland? Two important compliance matters deserve your early attention.

🗓️ From 1 July 2026, new AML/CTF obligations apply to certain services provided by real estate agents, conveyancers and lawyers.

🪪 This means you may need to complete customer due diligence or KYC checks before they can assist with your property sale.

📄 Sellers must also get the Form 2 Seller Disclosure Statement right. Unless an exemption applies, the completed Form 2 and required certificates must be given to the buyer before they sign the contract.

⚠️ Failure to provide the required documents—or providing disclosure that is materially inaccurate or incomplete—may give the buyer termination rights before settlement.

🎥 In this video, Stephen Kwok of Ensure Legal explains why sellers should address both matters early, particularly amid:

📈 Rising interest rates
🏘️ Changing property market conditions
💰 Recent negative gearing and CGT reforms
🔍 Increased scrutiny from buyers

⏰ Planning to sell? Speak with your agent and property lawyer early to reduce delays, compliance issues and last-minute risks.

📞 Contact Ensure Legal for advice about your Queensland property sale.

ℹ️ This post contains general information only and does not constitute legal advice.

02/08/2026

Is your commercial tenant in breach of the lease or not paying rent? 🏢

Stephen Kwok from Ensure Legal explains two important steps for commercial landlords:

1️⃣ Read the lease and check the default provisions.
2️⃣ Consider the notice requirements before terminating the lease.

Every situation is different, so seek legal advice before taking action. ⚖️

27/04/2026

Many overseas buyers are asking the same thing:

“From 1 July 2026, will buying property in Australia become much harder?”
“Does AML/CTF mean foreign buyers can’t buy anymore?”
“Will the process become risky or complicated?”

The answer is: not impossible — but definitely more paperwork, earlier.

From 1 July 2026, AML/CTF compliance will become a much bigger part of the property transaction process. For overseas buyers, this means the legal process should no longer start only when the contract is ready to sign.

At Ensure Legal, we recommend preparing earlier in the transaction:

✅ identity verification
✅ passport and address documents
✅ source of funds explanation
✅ bank records or transfer pathway
✅ company, trust or beneficial ownership structure
✅ FIRB application, if required

The biggest risk is not AML itself.

The real risk is leaving everything until the last minute — then discovering that documents are missing, the fund pathway is unclear, or the ownership structure needs more explanation.

That may delay signing.
That may delay settlement.
That may create unnecessary stress right before completion.

So the key message is simple:

AML/CTF does not stop overseas buyers from buying Australian property. It requires earlier preparation, clearer disclosure, and better document organisation.

Buying property in Australia is still possible.
But from 1 July 2026, “we’ll sort it out later” is no longer a good strategy.