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Queensland act
**What this Act does (mechanics first)
Repeals and replaces the old Property Law Act 1974 with a modern, consolidated code covering property rights, contracts dealing with land, mortgages, leases, easements and various court powers (see throughout, e.g. parts 2–16).
Tightens formalities for land deals and related interests: contracts disposing of land must be in writing and signed (s 7); certain interests and trusts concerning land must be in writing (s 8); parol (oral) land interests have only an interest at will (s 9).
Modernises deeds and execution rules to expressly permit electronic documents and electronic signing, sets out how corporations, partnerships, the State and others may execute deeds and when counterparts or certified printed copies must be lodged in registries (ss 44–60).
Converts several old common‑law rules and archaic estates into simpler modern forms: abolishes estate tail and the rule in Shelley’s Case (s 14), abolishes some incidents of tenure and quit rent (ss 15–16), and abolishes Pigot’s rule on material alteration (s 60).
Changes the way future interests operate: certain future legal interests operate only as equitable interests and must not be registered as legal remainders (s 22).
Sets out co‑ownership rules and gives explicit court powers to order sale, physical division, appointment of trustees and compensation among co‑owners; provides safeguards for security interests (ss 25–42).
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Direct links to the current provisions in Property Law Act 2023.
This Act may be cited as the Property Law Act 2023 .
This Act commences on a day to be fixed by proclamation.
This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act. (sec.3-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. (sec.3-ssec.2) Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act.
This Act applies to— land in Queensland; and property, other than land, whether in or outside Queensland, to the extent the general law of Queensland applies to the property; and documents, whether executed in or outside Queensland, to the extent the general law of Queensland applies to the documents.
This Act applies subject to the following Acts— the Land Act 1994 ; the Land Title Act 1994 ; the Mineral and Energy Resources (Common Provisions) Act 2014 ; each Resource Act. If this Act is inconsistent with an Act mentioned in subsection (1) , unless this Act or the Act mentioned in subsection (1) expressly provides otherwise, the Act mentioned in subsection (1) prevails to the extent of the inconsistency. (sec.5-ssec.1) This Act applies subject to the following Acts— the Land Act 1994 ; the Land Title Act 1994 ; the Mineral and Energy Resources (Common Provisions) Act 2014 ; each Resource Act. (sec.5-ssec.2) If this Act is inconsistent with an Act mentioned in subsection (1) , unless this Act or the Act mentioned in subsection (1) expressly provides otherwise, the Act mentioned in subsection (1) prevails to the extent of the inconsistency.
The dictionary in schedule 2 defines particular words used in this Act. The Acts Interpretation Act 1954 , schedule 1 defines particular words used in this Act, including, for example— property land interest estate mortgage lease transfer transmission document proceeding corporation
A contract for the disposition of land is not enforceable by action in a proceeding unless— the contract is in writing or some memorandum or note of the contract is recorded in writing; and the contract or the memorandum or note of the contract is signed by the party against whom the contract is sought to be enforced.
The creation of a legal or equitable interest in land must be in writing and signed by the person creating the interest. A trust relating to land must be created or declared in writing and signed by the person creating or declaring the trust. (sec.8-ssec.1) The creation of a legal or equitable interest in land must be in writing and signed by the person creating the interest. (sec.8-ssec.2) A trust relating to land must be created or declared in writing and signed by the person creating or declaring the trust.
An interest in land created by parol, and not put in writing and signed by the person creating the interest, has the effect of an interest at will only. Subsection (1) applies despite any consideration given for the interest. (sec.9-ssec.1) An interest in land created by parol, and not put in writing and signed by the person creating the interest, has the effect of an interest at will only. (sec.9-ssec.2) Subsection (1) applies despite any consideration given for the interest.
This division does not affect— the creation of a short lease; or the application of the law relating to part performance; or the creation or operation of a resulting, implied or constructive trust; or the making or operation of a will; or the disposition of land by operation of law; or the disposition of land by order of any court. To remove any doubt, it is declared that a short lease created by parol takes effect when the lessee has an immediate entitlement to possession. (sec.10-ssec.1) This division does not affect— the creation of a short lease; or the application of the law relating to part performance; or the creation or operation of a resulting, implied or constructive trust; or the making or operation of a will; or the disposition of land by operation of law; or the disposition of land by order of any court. (sec.10-ssec.2) To remove any doubt, it is declared that a short lease created by parol takes effect when the lessee has an immediate entitlement to possession.
A person may transfer or lease property to the person’s self, or to the person’s self and others.
An estate does not merge by operation of law with another estate unless the person acquiring both estates intends the estates to merge.
The following estates of freehold are capable of being created and subsisting in land— an estate in fee simple; a life estate.
The following estates can not be created— an estate tail; a quasi-entail. In a document, words that, apart from this section, would have created an estate tail are taken to create an estate in fee simple. The rule known as the rule in Shelley’s Case is abolished. (sec.14-ssec.1) The following estates can not be created— an estate tail; a quasi-entail. (sec.14-ssec.2) In a document, words that, apart from this section, would have created an estate tail are taken to create an estate in fee simple. (sec.14-ssec.3) The rule known as the rule in Shelley’s Case is abolished.
A tenure created by the State on granting an estate in fee simple is in free and common socage without any incident of tenure for the benefit of the State.
If quit rent issues to the State out of land, or the residue of quit rent issues to the State out of land in relation to which quit rent has been apportioned or redeemed, the land is released from quit rent.
If a corporation is dissolved or otherwise ceases to exist, subject to the Corporations Act , the State is entitled to take as bona vacantia any of the corporation’s property that would have been liable to escheat if escheat had not been abolished.
This section applies if a person believes the State may have a right to property by escheat, devolution or bona vacantia on the death intestate of a person. The person may apply to the Minister to waive the State’s rights. The Minister may waive the State’s rights on terms the Minister considers appropriate. The Minister must publish in the gazette the details of a waiver under this section. The Minister may delegate the Minister’s functions or powers under this section to an appropriately qualified public service employee. In this section— right includes a supposed right. (sec.18-ssec.1) This section applies if a person believes the State may have a right to property by escheat, devolution or bona vacantia on the death intestate of a person. (sec.18-ssec.2) The person may apply to the Minister to waive the State’s rights. (sec.18-ssec.3) The Minister may waive the State’s rights on terms the Minister considers appropriate. (sec.18-ssec.4) The Minister must publish in the gazette the details of a waiver under this section. (sec.18-ssec.5) The Minister may delegate the Minister’s functions or powers under this section to an appropriately qualified public service employee. (sec.18-ssec.6) In this section— right includes a supposed right.
A life tenant who commits voluntary or equitable waste in relation to land, other than under subsection (3) or (4) , is liable in damages to the person entitled, immediately after the life estate ends, to the fee simple interest in remainder in the land (the remainder person ). If the interest of the life tenant is an equitable interest, the trustee for the remainder person may bring a proceeding for the damages on behalf of the remainder person. A life tenant may commit voluntary waste in relation to land if an express or implied term in the document creating the life estate permits the waste. A life tenant may commit equitable waste in relation to land if an express term in the document creating the life estate permits the waste. (sec.19-ssec.1) A life tenant who commits voluntary or equitable waste in relation to land, other than under subsection (3) or (4) , is liable in damages to the person entitled, immediately after the life estate ends, to the fee simple interest in remainder in the land (the remainder person ). (sec.19-ssec.2) If the interest of the life tenant is an equitable interest, the trustee for the remainder person may bring a proceeding for the damages on behalf of the remainder person. (sec.19-ssec.3) A life tenant may commit voluntary waste in relation to land if an express or implied term in the document creating the life estate permits the waste. (sec.19-ssec.4) A life tenant may commit equitable waste in relation to land if an express term in the document creating the life estate permits the waste.
This section applies if— a life estate ends; and a person (the remainder person ) is entitled, immediately after the life estate ends, to an interest in the property; and a person, other than the remainder person (the third person ), continues in possession of, or receives rent or profits in relation to, the remainder person’s interest in the property. The remainder person may apply to the court for any or all of the following in relation to the interest in the property— possession; damages; an account of rent or profits. If the life tenant or third person has been absent for at least 7 years, the court may presume the life tenant or third person has died. The presumption mentioned in subsection (3) is rebuttable. The court may hear and decide the application and make the orders it considers appropriate. If, after the court has decided the application, a life tenant or third person presumed dead by the court is proved to be alive— a person with an interest in the property may apply to the court for any or all of the following in relation to the property— possession; damages; an account of rent or profits; and the court may hear and decide the application and make the orders it considers appropriate. (sec.20-ssec.1) This section applies if— a life estate ends; and a person (the remainder person ) is entitled, immediately after the life estate ends, to an interest in the property; and a person, other than the remainder person (the third person ), continues in possession of, or receives rent or profits in relation to, the remainder person’s interest in the property. (sec.20-ssec.2) The remainder person may apply to the court for any or all of the following in relation to the interest in the property— possession; damages; an account of rent or profits. (sec.20-ssec.3) If the life tenant or third person has been absent for at least 7 years, the court may presume the life tenant or third person has died. (sec.20-ssec.4) The presumption mentioned in subsection (3) is rebuttable. (sec.20-ssec.5) The court may hear and decide the application and make the orders it considers appropriate. (sec.20-ssec.6) If, after the court has decided the application, a life tenant or third person presumed dead by the court is proved to be alive— a person with an interest in the property may apply to the court for any or all of the following in relation to the property— possession; damages; an account of rent or profits; and the court may hear and decide the application and make the orders it considers appropriate.
This section applies if— a life estate ends; and a person (the remainder person ) is entitled, immediately after the life estate ends, to an interest in remainder in the land; and another person (the third person ) holds over possession of the remainder person’s interest in remainder in the land; and the remainder person gives the third person a notice asking for possession of the remainder person’s interest in remainder in the land; and the third person does not give the remainder person possession of the remainder person’s interest in remainder in the land within 30 days after the notice mentioned in paragraph (d) has been given. The third person is liable to the remainder person for the market rent for the remainder person’s interest in remainder in the land for the period— starting on the day the life estate ends; and ending on the day the remainder person is given possession of the land. The remainder person may recover the market rent for the remainder person’s interest in remainder in the land as a debt due to the remainder person. (sec.21-ssec.1) This section applies if— a life estate ends; and a person (the remainder person ) is entitled, immediately after the life estate ends, to an interest in remainder in the land; and another person (the third person ) holds over possession of the remainder person’s interest in remainder in the land; and the remainder person gives the third person a notice asking for possession of the remainder person’s interest in remainder in the land; and the third person does not give the remainder person possession of the remainder person’s interest in remainder in the land within 30 days after the notice mentioned in paragraph (d) has been given. (sec.21-ssec.2) The third person is liable to the remainder person for the market rent for the remainder person’s interest in remainder in the land for the period— starting on the day the life estate ends; and ending on the day the remainder person is given possession of the land. (sec.21-ssec.3) The remainder person may recover the market rent for the remainder person’s interest in remainder in the land as a debt due to the remainder person.
If a future interest in land is created, it takes effect as an equitable and not a legal interest. Despite the Land Title Act 1994 , an interest in remainder must not be registered in the freehold land register. In this section— future interest means— a legal contingent remainder; or a legal executory interest. (sec.22-ssec.1) If a future interest in land is created, it takes effect as an equitable and not a legal interest. (sec.22-ssec.2) Despite the Land Title Act 1994 , an interest in remainder must not be registered in the freehold land register. (sec.22-ssec.3) In this section— future interest means— a legal contingent remainder; or a legal executory interest.
Each interest in property that can be created or disposed of may be created or disposed of by an individual— during the individual’s lifetime; or by will. However, subsection (1) does not make a joint tenancy severable by will. (sec.23-ssec.1) Each interest in property that can be created or disposed of may be created or disposed of by an individual— during the individual’s lifetime; or by will. (sec.23-ssec.2) However, subsection (1) does not make a joint tenancy severable by will.
This section applies if— a person (the first person ) is entitled to an interest in property; and the interest in property is subject to a gift over to another person if the first person has no child, or no child of a stated class, whether at any stated time or within any stated period. The gift over stops being capable of taking effect when the first person has a child, or a child of the stated class, who attains 18 years. Subsection (2) applies even if the child dies after attaining 18 years. For this section, a gift over includes a gift over expressed to take effect on the ending of an interest preceding that of the person whose interest is the subject of the gift over. In this section— child , of a person, has the meaning given by the Succession Act 1981 , section 5A . (sec.24-ssec.1) This section applies if— a person (the first person ) is entitled to an interest in property; and the interest in property is subject to a gift over to another person if the first person has no child, or no child of a stated class, whether at any stated time or within any stated period. (sec.24-ssec.2) The gift over stops being capable of taking effect when the first person has a child, or a child of the stated class, who attains 18 years. (sec.24-ssec.3) Subsection (2) applies even if the child dies after attaining 18 years. (sec.24-ssec.4) For this section, a gift over includes a gift over expressed to take effect on the ending of an interest preceding that of the person whose interest is the subject of the gift over. (sec.24-ssec.5) In this section— child , of a person, has the meaning given by the Succession Act 1981 , section 5A .
Property may be held by 2 or more persons— as joint tenants; or as tenants in common.
A corporation may acquire and hold property in joint tenancy in the same way as if it were an individual. If a corporation and an individual, or 2 or more corporations, become entitled to property under circumstances or because of a document that would, if the corporation or corporations had been individuals, have created a joint tenancy, the corporation and the individual, or the 2 or more corporations, are entitled to the property as joint tenants. However, the acquisition and holding of property by a corporation in joint tenancy is subject to the same conditions and restrictions as attach to the acquisition and holding of property by a corporation in severalty. If a corporation is a joint tenant of property and the corporation is dissolved or otherwise ceases to exist, the property devolves on the other joint tenant. (sec.26-ssec.1) A corporation may acquire and hold property in joint tenancy in the same way as if it were an individual. (sec.26-ssec.2) If a corporation and an individual, or 2 or more corporations, become entitled to property under circumstances or because of a document that would, if the corporation or corporations had been individuals, have created a joint tenancy, the corporation and the individual, or the 2 or more corporations, are entitled to the property as joint tenants. (sec.26-ssec.3) However, the acquisition and holding of property by a corporation in joint tenancy is subject to the same conditions and restrictions as attach to the acquisition and holding of property by a corporation in severalty. (sec.26-ssec.4) If a corporation is a joint tenant of property and the corporation is dissolved or otherwise ceases to exist, the property devolves on the other joint tenant.
If a co-owner of property receives more than the co-owner’s just or proportionate share according to the co-owner’s interest in the property, the co-owner is liable to account to each other co-owner of the property.
A disposition of an equitable interest in property, whether with or without a legal interest in the property, to 2 or more persons together beneficially takes effect as a disposition to the persons as tenants in common, and not as joint tenants. Subsection (1) does not apply to— a disposition to 2 or more persons that provides the persons are to take as joint tenants; or a disposition to 2 or more persons as administrators, executors, mortgagees or trustees; or a disposition to 2 or more persons carrying on business in partnership for partnership purposes. Subject to the Partnership Act 1891 or any agreement to the contrary, a disposition of property to 2 or more persons carrying on business in partnership for partnership purposes takes effect as— a disposition of the legal interest, if any, in the property to the persons as joint tenants; and a disposition of the equitable interest, if any, in the property to the persons as tenants in common. In this section— disposition includes a disposition that is wholly or partly oral. (sec.28-ssec.1) A disposition of an equitable interest in property, whether with or without a legal interest in the property, to 2 or more persons together beneficially takes effect as a disposition to the persons as tenants in common, and not as joint tenants. (sec.28-ssec.2) Subsection (1) does not apply to— a disposition to 2 or more persons that provides the persons are to take as joint tenants; or a disposition to 2 or more persons as administrators, executors, mortgagees or trustees; or a disposition to 2 or more persons carrying on business in partnership for partnership purposes. (sec.28-ssec.3) Subject to the Partnership Act 1891 or any agreement to the contrary, a disposition of property to 2 or more persons carrying on business in partnership for partnership purposes takes effect as— a disposition of the legal interest, if any, in the property to the persons as joint tenants; and a disposition of the equitable interest, if any, in the property to the persons as tenants in common. (sec.28-ssec.4) In this section— disposition includes a disposition that is wholly or partly oral.
This section applies if 2 or more persons holding property— are entitled beneficially as tenants in common to an equitable interest in the property; and are or become entitled in their own right, whether as joint tenants or tenants in common, to a legal interest in the property equal to and coextensive with their equitable interest in the property. Subject to any agreement to the contrary, both the legal and equitable interests in the property are held by the persons as tenants in common. (sec.29-ssec.1) This section applies if 2 or more persons holding property— are entitled beneficially as tenants in common to an equitable interest in the property; and are or become entitled in their own right, whether as joint tenants or tenants in common, to a legal interest in the property equal to and coextensive with their equitable interest in the property. (sec.29-ssec.2) Subject to any agreement to the contrary, both the legal and equitable interests in the property are held by the persons as tenants in common.
In this division— property does not include a future or contingent legal or equitable interest in real or personal property. security interest — means an interest in property by way of security for the payment of a debt or other pecuniary obligation; and in relation to land—includes a mortgage and a lien, whether or not registered under the Land Title Act 1994 .
Nothing in this division affects or prevents the severing of a joint tenancy under— a provision of this Act other than this division; or another Act or law.
Despite anything to the contrary appearing in a document creating or related to a security interest, the severing of a joint tenancy under this division— does not constitute a breach of the terms of the document; and does not affect any existing powers, rights or interests of a person who holds a security interest over the property to which the severance relates.
A co-owner of property may apply to the court for an order under this subdivision to be made in relation to the property. The application may request— the sale of the property and the division of the proceeds among the co-owners; or the physical division of the property among the co-owners; or a combination of the actions mentioned in paragraphs (a) and (b) . The applicant must, within 30 days after making the application, give a copy of the application to each person who holds a security interest over the property. (sec.33-ssec.1) A co-owner of property may apply to the court for an order under this subdivision to be made in relation to the property. (sec.33-ssec.2) The application may request— the sale of the property and the division of the proceeds among the co-owners; or the physical division of the property among the co-owners; or a combination of the actions mentioned in paragraphs (a) and (b) . (sec.33-ssec.3) The applicant must, within 30 days after making the application, give a copy of the application to each person who holds a security interest over the property.
In the proceeding, the court may make any order that the nature of the case requires to ensure a just and fair sale or division of the property. Without limiting subsection (1) , the court may make any of the following orders— an order for the sale of the property and the division of the proceeds among the co-owners; an order for the physical division of the property among the co-owners; an order for a combination of the actions mentioned in paragraphs (a) and (b) . (sec.34-ssec.1) In the proceeding, the court may make any order that the nature of the case requires to ensure a just and fair sale or division of the property. (sec.34-ssec.2) Without limiting subsection (1) , the court may make any of the following orders— an order for the sale of the property and the division of the proceeds among the co-owners; an order for the physical division of the property among the co-owners; an order for a combination of the actions mentioned in paragraphs (a) and (b) .
If the court decides to make an order for the sale or division of the property, the court must make an order under section 34 (2) (a) unless the court considers an order under section 34 (2) (b) or (c) would be more just and fair. In deciding whether an order under section 34 (2) (b) or (c) would be more just and fair, the court must consider— the use being made of the property, including, for example, any use of the property for residential or business purposes; and whether the property is able to be divided and the practicality of dividing the property; and any particular links with or attachment to the property, including, for example, whether the property is unique or has a special value to 1 or more of the co-owners. Subsection (2) does not limit or otherwise affect the matters the court may consider. (sec.35-ssec.1) If the court decides to make an order for the sale or division of the property, the court must make an order under section 34 (2) (a) unless the court considers an order under section 34 (2) (b) or (c) would be more just and fair. (sec.35-ssec.2) In deciding whether an order under section 34 (2) (b) or (c) would be more just and fair, the court must consider— the use being made of the property, including, for example, any use of the property for residential or business purposes; and whether the property is able to be divided and the practicality of dividing the property; and any particular links with or attachment to the property, including, for example, whether the property is unique or has a special value to 1 or more of the co-owners. (sec.35-ssec.3) Subsection (2) does not limit or otherwise affect the matters the court may consider.
In making an order under section 34 , the court may order that— the property be physically divided into parcels or shares that differ from the entitlements of each of the co-owners; and compensation be paid by a stated co-owner to another stated co-owner to compensate for any difference in the value of the parcels or shares when the property is physically divided under paragraph (a) .
In the proceeding, if the court considers the appointment of a trustee for the sale or physical division of the property is necessary or desirable, the court may order— the appointment of a trustee; or the removal of a trustee. In an order appointing a trustee for the sale of the property, the court may make any order that the nature of the case requires, including, for example, any of the following orders— an order directing the trustee as to the terms and conditions on which the sale is to be carried out; an order directing the distribution of the proceeds of the sale in a way stated by the court; an order that the remuneration of the trustee be paid from the proceeds of the sale. In an order appointing a trustee for the physical division of the property, the court may make any order that the nature of the case requires, including, for example, any of the following orders— an order directing the trustee as to the way in which the division is to be carried out; an order that the remuneration of the trustee be paid by the parties to the proceeding. If the property is held by joint tenants, an order of the court appointing a trustee for the sale of the property does not of itself sever the joint tenancy. Subject to an order of the court, if the property is land held by co-owners, an order of the court appointing a trustee for the sale of the land converts the interest of each co-owner into an interest in the proceeds of the sale of the land. Subject to an order of the court, a trustee appointed by the court may pay the following amounts out of income generated by the property or the proceeds of the sale of the property— costs, expenses and other outgoings relating to the property; costs and expenses relating to the sale of the property. (sec.37-ssec.1) In the proceeding, if the court considers the appointment of a trustee for the sale or physical division of the property is necessary or desirable, the court may order— the appointment of a trustee; or the removal of a trustee. (sec.37-ssec.2) In an order appointing a trustee for the sale of the property, the court may make any order that the nature of the case requires, including, for example, any of the following orders— an order directing the trustee as to the terms and conditions on which the sale is to be carried out; an order directing the distribution of the proceeds of the sale in a way stated by the court; an order that the remuneration of the trustee be paid from the proceeds of the sale. (sec.37-ssec.3) In an order appointing a trustee for the physical division of the property, the court may make any order that the nature of the case requires, including, for example, any of the following orders— an order directing the trustee as to the way in which the division is to be carried out; an order that the remuneration of the trustee be paid by the parties to the proceeding. (sec.37-ssec.4) If the property is held by joint tenants, an order of the court appointing a trustee for the sale of the property does not of itself sever the joint tenancy. (sec.37-ssec.5) Subject to an order of the court, if the property is land held by co-owners, an order of the court appointing a trustee for the sale of the land converts the interest of each co-owner into an interest in the proceeds of the sale of the land. (sec.37-ssec.6) Subject to an order of the court, a trustee appointed by the court may pay the following amounts out of income generated by the property or the proceeds of the sale of the property— costs, expenses and other outgoings relating to the property; costs and expenses relating to the sale of the property.
If the court orders the appointment of a trustee for the sale or physical division of the property, the order is taken to vest the property in the trustee in the same way as a vesting order under the Trusts Act 1973 , section 90 . If the property is subject to a security interest affecting the entirety, the property vests in the trustee subject to the security interest. If the property is subject to a security interest affecting an undivided share of the property— the property vests in the trustee free of the security interest; and the interest of the person entitled to the benefit of the security interest is converted to an equitable interest in the proceeds of sale. (sec.38-ssec.1) If the court orders the appointment of a trustee for the sale or physical division of the property, the order is taken to vest the property in the trustee in the same way as a vesting order under the Trusts Act 1973 , section 90 . (sec.38-ssec.2) If the property is subject to a security interest affecting the entirety, the property vests in the trustee subject to the security interest. (sec.38-ssec.3) If the property is subject to a security interest affecting an undivided share of the property— the property vests in the trustee free of the security interest; and the interest of the person entitled to the benefit of the security interest is converted to an equitable interest in the proceeds of sale.
In the proceeding, the court may also make any other order the court considers appropriate, including, for example, any of the following orders— an order that the property be sold by private sale or at auction; an order that the co-owners may purchase the property at the sale or auction mentioned in paragraph (a) ; for a private sale—an order that the sale be at market value as determined by an independent valuation; for an auction—an order that the reserve price be the reserve price set by the court; an order that an independent valuation of the property take place; an order that a sale be completed within a stated time; an order that the costs of the sale be paid— by 1 or more of the co-owners; or from the proceeds of the sale; an order that the sale and division of the proceeds of sale or the physical division of the property be subject to stated terms and conditions; an order that any document be produced or other thing done that is necessary to enable an order to be carried out effectively. This section does not limit or otherwise affect section 34 or 37 . (sec.39-ssec.1) In the proceeding, the court may also make any other order the court considers appropriate, including, for example, any of the following orders— an order that the property be sold by private sale or at auction; an order that the co-owners may purchase the property at the sale or auction mentioned in paragraph (a) ; for a private sale—an order that the sale be at market value as determined by an independent valuation; for an auction—an order that the reserve price be the reserve price set by the court; an order that an independent valuation of the property take place; an order that a sale be completed within a stated time; an order that the costs of the sale be paid— by 1 or more of the co-owners; or from the proceeds of the sale; an order that the sale and division of the proceeds of sale or the physical division of the property be subject to stated terms and conditions; an order that any document be produced or other thing done that is necessary to enable an order to be carried out effectively. (sec.39-ssec.2) This section does not limit or otherwise affect section 34 or 37 .
In the proceeding, the court may order that— a co-owner pay compensation or make a reimbursement to another co-owner; or a co-owner account to another co-owner under section 27 ; or a co-owner’s interest in the property be adjusted to take account of amounts payable by the co-owners to each other during the co-ownership. In deciding whether to make an order under subsection (1) , the court must consider the following matters— amounts reasonably spent by a co-owner in improving the property; costs reasonably incurred by a co-owner in the maintenance or insurance of the property; damage caused by the unreasonable use of the property by a co-owner; the payment by a co-owner of more than that co-owner’s proportionate share of rates, mortgage repayments, purchase money, instalments or other outgoings in relation to the property for which 1 or more of the other co-owners are liable; for land—whether or not a co-owner who has occupied the land should pay an amount equivalent to rent to a co-owner who did not occupy the land; for property other than land—whether or not a co-owner who has used the property should pay an amount equivalent to rent to a co-owner who did not use the property. The court must not make an order requiring a co-owner who has occupied land (the occupying co-owner ) to pay an amount equivalent to rent to a co-owner who did not occupy the land (the non-occupying co-owner ) unless— the occupying co-owner seeks compensation, reimbursement or an accounting for money expended by the occupying co-owner in relation to the land; or the non-occupying co-owner has been excluded from occupation of the land; or the non-occupying co-owner has suffered a detriment because it was not practicable for the non-occupying co-owner to occupy the land with the occupying co-owner. The court must not make an order requiring a co-owner who has used property other than land (the using co-owner ) to pay an amount equivalent to rent to a co-owner who did not use the property (the non-using co-owner ) unless— the using co-owner seeks compensation, reimbursement or an accounting for money expended by the using co-owner in relation to the property; or the non-using co-owner has been excluded from using the property; or the non-using co-owner has suffered a detriment because it was not practicable for the non-using co-owner to use the property with the using co-owner. This section applies despite any other Act or law. (sec.40-ssec.1) In the proceeding, the court may order that— a co-owner pay compensation or make a reimbursement to another co-owner; or a co-owner account to another co-owner under section 27 ; or a co-owner’s interest in the property be adjusted to take account of amounts payable by the co-owners to each other during the co-ownership. (sec.40-ssec.2) In deciding whether to make an order under subsection (1) , the court must consider the following matters— amounts reasonably spent by a co-owner in improving the property; costs reasonably incurred by a co-owner in the maintenance or insurance of the property; damage caused by the unreasonable use of the property by a co-owner; the payment by a co-owner of more than that co-owner’s proportionate share of rates, mortgage repayments, purchase money, instalments or other outgoings in relation to the property for which 1 or more of the other co-owners are liable; for land—whether or not a co-owner who has occupied the land should pay an amount equivalent to rent to a co-owner who did not occupy the land; for property other than land—whether or not a co-owner who has used the property should pay an amount equivalent to rent to a co-owner who did not use the property. (sec.40-ssec.3) The court must not make an order requiring a co-owner who has occupied land (the occupying co-owner ) to pay an amount equivalent to rent to a co-owner who did not occupy the land (the non-occupying co-owner ) unless— the occupying co-owner seeks compensation, reimbursement or an accounting for money expended by the occupying co-owner in relation to the land; or the non-occupying co-owner has been excluded from occupation of the land; or the non-occupying co-owner has suffered a detriment because it was not practicable for the non-occupying co-owner to occupy the land with the occupying co-owner. (sec.40-ssec.4) The court must not make an order requiring a co-owner who has used property other than land (the using co-owner ) to pay an amount equivalent to rent to a co-owner who did not use the property (the non-using co-owner ) unless— the using co-owner seeks compensation, reimbursement or an accounting for money expended by the using co-owner in relation to the property; or the non-using co-owner has been excluded from using the property; or the non-using co-owner has suffered a detriment because it was not practicable for the non-using co-owner to use the property with the using co-owner. (sec.40-ssec.5) This section applies despite any other Act or law.
A co-owner of property may apply to the court for an order for an accounting under section 42 . An application under subsection (1) may be made whether or not an application is made under subdivision 2 . (sec.41-ssec.1) A co-owner of property may apply to the court for an order for an accounting under section 42 . (sec.41-ssec.2) An application under subsection (1) may be made whether or not an application is made under subdivision 2 .
In the proceeding, the court may make any order that the nature of the case requires to ensure a just and fair accounting of amounts received by the co-owners in relation to the property. Without limiting subsection (1) , the court may make an order that a co-owner, who has received more than the share of rent or other payments from a third party in respect of the property to which that co-owner is entitled, account for that rent or those other payments to the other co-owners. (sec.42-ssec.1) In the proceeding, the court may make any order that the nature of the case requires to ensure a just and fair accounting of amounts received by the co-owners in relation to the property. (sec.42-ssec.2) Without limiting subsection (1) , the court may make an order that a co-owner, who has received more than the share of rent or other payments from a third party in respect of the property to which that co-owner is entitled, account for that rent or those other payments to the other co-owners.
The court may adjourn or stay a proceeding under subdivision 2 or 3 in relation to property at any time before it has made a final order if a co-owner starts, or has started, a family law proceeding in relation to the property. Also, the court may adjourn a proceeding under subdivision 2 or 3 in relation to property at any time before it has made a final order to allow a co-owner of the property to start a family law proceeding. This section does not limit or otherwise affect the power of the court to grant or refuse an adjournment or stay in relation to a proceeding. In this section— family law proceeding means a proceeding under the Family Law Act 1975 (Cwlth) . (sec.43-ssec.1) The court may adjourn or stay a proceeding under subdivision 2 or 3 in relation to property at any time before it has made a final order if a co-owner starts, or has started, a family law proceeding in relation to the property. (sec.43-ssec.2) Also, the court may adjourn a proceeding under subdivision 2 or 3 in relation to property at any time before it has made a final order to allow a co-owner of the property to start a family law proceeding. (sec.43-ssec.3) This section does not limit or otherwise affect the power of the court to grant or refuse an adjournment or stay in relation to a proceeding. (sec.43-ssec.4) In this section— family law proceeding means a proceeding under the Family Law Act 1975 (Cwlth) .
In this division— copy , of an electronic document, means a reproduction of the document in either electronic or hard copy form. counterpart , for a document, see section 45 . director , of a corporation, means— if the corporation is established under an Act of the Commonwealth or a State—a director under that Act; or if the corporation is established under a constitution or another governing document—a director under that constitution or governing document; or otherwise—a member of the board of directors, council or other governing body of the corporation. document means a record of information however recorded and includes— a physical document; and an electronic document. information includes information in the form of data, text or images. seal , of a corporation, includes a common seal of the corporation. secretary , of a corporation, means the clerk, secretary or other permanent officer of the corporation. sign , a document, means— for a physical document—physically sign the document; or for an electronic document—electronically sign the document.
A counterpart , for a document, is a copy of the document that includes the entire content of the document. Despite subsection (1) , a counterpart need not include— the signatures of all persons who have signed, or are to sign, the document; or if a seal is, or is to be, fixed to the document—the seal. (sec.45-ssec.1) A counterpart , for a document, is a copy of the document that includes the entire content of the document. (sec.45-ssec.2) Despite subsection (1) , a counterpart need not include— the signatures of all persons who have signed, or are to sign, the document; or if a seal is, or is to be, fixed to the document—the seal.
This division does not apply to an enduring document under the Powers of Attorney Act 1998 .
Each of the following documents made by an individual must be a physical document that is signed by the individual in the presence of a witness— a general power of attorney made under the Powers of Attorney Act 1998 ; a power of attorney given under a deed. However, a document containing a power of attorney given by an individual under a deed may be an electronic document that is electronically signed by the individual if— the document is part of a commercial or other arms-length transaction; and the power of attorney is given for the purpose of the commercial or other arms-length transaction. a document containing a power of attorney given by an individual under a deed as security for a proprietary interest of another party to the document or the performance of an obligation owed by the individual To remove any doubt, it is declared that— subsection (2) applies to a document even if the document is executed at a different time from, and is separate to, other documents that form part of the transaction; and a power of attorney given by an individual under a deed under subsection (2) may be signed under subsection (2) whether or not in the presence of a witness. This section applies— subject to section 53 ; and despite another provision of this division. In this section— individual includes an individual in the individual’s capacity as a sole trader. (sec.47-ssec.1) Each of the following documents made by an individual must be a physical document that is signed by the individual in the presence of a witness— a general power of attorney made under the Powers of Attorney Act 1998 ; a power of attorney given under a deed. (sec.47-ssec.2) However, a document containing a power of attorney given by an individual under a deed may be an electronic document that is electronically signed by the individual if— the document is part of a commercial or other arms-length transaction; and the power of attorney is given for the purpose of the commercial or other arms-length transaction. a document containing a power of attorney given by an individual under a deed as security for a proprietary interest of another party to the document or the performance of an obligation owed by the individual (sec.47-ssec.3) To remove any doubt, it is declared that— subsection (2) applies to a document even if the document is executed at a different time from, and is separate to, other documents that form part of the transaction; and a power of attorney given by an individual under a deed under subsection (2) may be signed under subsection (2) whether or not in the presence of a witness. (sec.47-ssec.4) This section applies— subject to section 53 ; and despite another provision of this division. (sec.47-ssec.5) In this section— individual includes an individual in the individual’s capacity as a sole trader.
This division does not limit or otherwise affect the way in which documents are validly executed under the Land Act 1994 or the Land Title Act 1994 .
A document takes effect as a deed if the document— is in writing; and contains a clear statement that the document is a deed; and is executed under this division; and is delivered in accordance with section 56 . A document takes effect as a deed under subsection (1) even if— it is not written on paper or parchment; or it is not an indenture or stated to be an indenture; or it is not sealed or stated to be sealed. (sec.49-ssec.1) A document takes effect as a deed if the document— is in writing; and contains a clear statement that the document is a deed; and is executed under this division; and is delivered in accordance with section 56 . (sec.49-ssec.2) A document takes effect as a deed under subsection (1) even if— it is not written on paper or parchment; or it is not an indenture or stated to be an indenture; or it is not sealed or stated to be sealed.
A document that is to have effect as a deed may be in the form of an electronic document and may be electronically signed.
An individual may execute a document that is to have effect as a deed by signing the document. An individual may sign a document under subsection (1) whether or not in the presence of a witness. (sec.51-ssec.1) An individual may execute a document that is to have effect as a deed by signing the document. (sec.51-ssec.2) An individual may sign a document under subsection (1) whether or not in the presence of a witness.
A corporation may execute a document that is to have effect as a deed, without using a seal, if the document is signed by— 2 directors of the corporation; or 1 director and 1 secretary of the corporation; or for a proprietary company that has a sole director—that director, if— the director is also the sole company secretary; or the company does not have a company secretary; or a lawfully authorised agent or attorney of the corporation, whether or not the agent or attorney is appointed under seal or under a deed. A corporation with a common seal may execute a document that is to have effect as a deed if the seal is fixed to the document and the fixing of the seal is witnessed by— 2 directors of the corporation; or 1 director and 1 secretary of the corporation; or for a proprietary company that has a sole director—that director, if— the director is also the sole company secretary; or the company does not have a company secretary. Despite subsections (1) and (2) , a corporation sole or statutory corporation may execute a document that is to have effect as a deed, without using a seal, if the document is signed by a person, or in a way, authorised by the Act or another document under which the corporation is established, incorporated or registered. For a corporation with a common seal executing a document that is to have effect as a deed, or a corporation sole or statutory corporation using a seal, the fixing of the seal to the document is taken to have been witnessed by a person if— the person observes the fixing of the seal by audio visual link; and the person signs the document; and the document includes a statement that the person observed the fixing of the seal by audio visual link. A corporation that is not incorporated under a law of the Commonwealth or a State may execute a document that is to have effect as a deed if the document is signed by a person, or in a way, authorised by the law of the place in which the corporation is incorporated. A document that is to have effect as a deed may be signed under this section whether or not in the presence of a witness. If a person signs a document that is to have effect as a deed for a corporation as a lawfully authorised agent or attorney for the corporation, the person must— sign the document in a way that indicates the person is signing as a lawfully authorised agent or attorney; and if the person is an individual—sign the document under section 51 ; and if the person is a corporation—sign the document under this section. This section does not limit or otherwise affect the ways in which a document that is to have effect as a deed for a corporation may be executed by the corporation. In this section— attorney , for a corporation, means a person acting under the authority of a power of attorney given by the corporation under a deed, a general power of attorney made under the Powers of Attorney Act 1998 , or another law. audio visual link means facilities that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places and includes videoconferencing. statutory corporation means an entity established, incorporated or registered under an Act of the Commonwealth or a State, that is not a corporation registered under the Corporations Act . (sec.52-ssec.1) A corporation may execute a document that is to have effect as a deed, without using a seal, if the document is signed by— 2 directors of the corporation; or 1 director and 1 secretary of the corporation; or for a proprietary company that has a sole director—that director, if— the director is also the sole company secretary; or the company does not have a company secretary; or a lawfully authorised agent or attorney of the corporation, whether or not the agent or attorney is appointed under seal or under a deed. (sec.52-ssec.2) A corporation with a common seal may execute a document that is to have effect as a deed if the seal is fixed to the document and the fixing of the seal is witnessed by— 2 directors of the corporation; or 1 director and 1 secretary of the corporation; or for a proprietary company that has a sole director—that director, if— the director is also the sole company secretary; or the company does not have a company secretary. (sec.52-ssec.3) Despite subsections (1) and (2) , a corporation sole or statutory corporation may execute a document that is to have effect as a deed, without using a seal, if the document is signed by a person, or in a way, authorised by the Act or another document under which the corporation is established, incorporated or registered. (sec.52-ssec.4) For a corporation with a common seal executing a document that is to have effect as a deed, or a corporation sole or statutory corporation using a seal, the fixing of the seal to the document is taken to have been witnessed by a person if— the person observes the fixing of the seal by audio visual link; and the person signs the document; and the document includes a statement that the person observed the fixing of the seal by audio visual link. (sec.52-ssec.5) A corporation that is not incorporated under a law of the Commonwealth or a State may execute a document that is to have effect as a deed if the document is signed by a person, or in a way, authorised by the law of the place in which the corporation is incorporated. (sec.52-ssec.6) A document that is to have effect as a deed may be signed under this section whether or not in the presence of a witness. (sec.52-ssec.7) If a person signs a document that is to have effect as a deed for a corporation as a lawfully authorised agent or attorney for the corporation, the person must— sign the document in a way that indicates the person is signing as a lawfully authorised agent or attorney; and if the person is an individual—sign the document under section 51 ; and if the person is a corporation—sign the document under this section. (sec.52-ssec.8) This section does not limit or otherwise affect the ways in which a document that is to have effect as a deed for a corporation may be executed by the corporation. (sec.52-ssec.9) In this section— attorney , for a corporation, means a person acting under the authority of a power of attorney given by the corporation under a deed, a general power of attorney made under the Powers of Attorney Act 1998 , or another law. audio visual link means facilities that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places and includes videoconferencing. statutory corporation means an entity established, incorporated or registered under an Act of the Commonwealth or a State, that is not a corporation registered under the Corporations Act .
An individual may execute a document that is to have effect as a deed on behalf of a partnership or unincorporated association by signing the document. An individual may sign a document under subsection (1) whether or not in the presence of a witness. If an individual signs a document under subsection (1) , the individual must sign the document in a way that indicates the person is executing the document on behalf of the partnership or unincorporated association. A reference in subsection (1) to a document includes a document containing a power of attorney for the partnership or unincorporated association. This section does not limit or otherwise affect another law or document that requires or permits a document executed on behalf of a partnership or unincorporated association to be executed in a particular way. This section does not affect a document that requires or permits a document executed on behalf of a partnership to be executed by a stated number of partners. (sec.53-ssec.1) An individual may execute a document that is to have effect as a deed on behalf of a partnership or unincorporated association by signing the document. (sec.53-ssec.2) An individual may sign a document under subsection (1) whether or not in the presence of a witness. (sec.53-ssec.3) If an individual signs a document under subsection (1) , the individual must sign the document in a way that indicates the person is executing the document on behalf of the partnership or unincorporated association. (sec.53-ssec.4) A reference in subsection (1) to a document includes a document containing a power of attorney for the partnership or unincorporated association. (sec.53-ssec.5) This section does not limit or otherwise affect another law or document that requires or permits a document executed on behalf of a partnership or unincorporated association to be executed in a particular way. This section does not affect a document that requires or permits a document executed on behalf of a partnership to be executed by a stated number of partners.
A person who is authorised to execute a document that is to have effect as a deed for the State may execute the document by signing the document. The person may sign the document under subsection (1) without using a seal and whether or not in the presence of a witness. If a seal is used to execute a document that is to have effect as a deed for the State, the fixing of the seal to the document is taken to have been witnessed by a person who is authorised to witness the fixing of the seal if— the person observes the fixing of the seal by audio visual link; and the person signs the document; and the document includes a statement that the person observed the fixing of the seal by audio visual link. This section does not limit or otherwise affect— section 52 (3) ; or the State’s powers or legal capacity under another law. In this section— State includes a public sector unit and any other entity that represents the State. (sec.54-ssec.1) A person who is authorised to execute a document that is to have effect as a deed for the State may execute the document by signing the document. (sec.54-ssec.2) The person may sign the document under subsection (1) without using a seal and whether or not in the presence of a witness. (sec.54-ssec.3) If a seal is used to execute a document that is to have effect as a deed for the State, the fixing of the seal to the document is taken to have been witnessed by a person who is authorised to witness the fixing of the seal if— the person observes the fixing of the seal by audio visual link; and the person signs the document; and the document includes a statement that the person observed the fixing of the seal by audio visual link. (sec.54-ssec.4) This section does not limit or otherwise affect— section 52 (3) ; or the State’s powers or legal capacity under another law. (sec.54-ssec.5) In this section— State includes a public sector unit and any other entity that represents the State.
A document that is to have effect as a deed for a person may be signed by or for the person by signing a counterpart or true copy of the document. For subsection (1) , if the counterpart or true copy is electronically signed by a person, the counterpart or true copy need not include any material included in the document about the method used for electronically signing the document. In this section— person includes a partnership, an unincorporated association and the State. (sec.55-ssec.1) A document that is to have effect as a deed for a person may be signed by or for the person by signing a counterpart or true copy of the document. (sec.55-ssec.2) For subsection (1) , if the counterpart or true copy is electronically signed by a person, the counterpart or true copy need not include any material included in the document about the method used for electronically signing the document. (sec.55-ssec.3) In this section— person includes a partnership, an unincorporated association and the State.
The execution of a document in the form of a deed does not, of itself, constitute delivery of a deed, unless it appears the execution of the document was intended to constitute delivery of the document. Subject to subsection (1) , delivery of a deed may be inferred from any fact or circumstance, including, for example, words or conduct, that indicates delivery. In this section— delivery , of a deed, means an intention to be legally bound by the deed either immediately or subject to the fulfilment of 1 or more conditions. (sec.56-ssec.1) The execution of a document in the form of a deed does not, of itself, constitute delivery of a deed, unless it appears the execution of the document was intended to constitute delivery of the document. (sec.56-ssec.2) Subject to subsection (1) , delivery of a deed may be inferred from any fact or circumstance, including, for example, words or conduct, that indicates delivery. (sec.56-ssec.3) In this section— delivery , of a deed, means an intention to be legally bound by the deed either immediately or subject to the fulfilment of 1 or more conditions.
A receipt for consideration in the body of a deed or other document is a sufficient discharge for the consideration to the person giving the consideration without any further receipt for the consideration being endorsed on the deed or document. In this section— consideration includes money and securities. (sec.57-ssec.1) A receipt for consideration in the body of a deed or other document is a sufficient discharge for the consideration to the person giving the consideration without any further receipt for the consideration being endorsed on the deed or document. (sec.57-ssec.2) In this section— consideration includes money and securities.
This section applies to a deed made under this division that is proposed to be deposited in a registry for the purpose of supporting another document lodged or deposited in the registry. If the deed is made in counterparts, each counterpart must be deposited in the registry for the purpose. If the deed or a counterpart of the deed is in the form of an electronic document, a printed copy of the deed or counterpart certified under subsection (4) must be deposited in the registry for the purpose. For subsection (3) , the printed copy must be certified as a true copy of the original deed or counterpart— on a page of the printed copy; and by 1 of the following persons— 1 of the signatories; a lawyer; a justice; a commissioner for declarations; a notary public; a trustee company under the Trustee Companies Act 1968 ; a stockbroker. In this section— registry means— the land registry; or the water allocations register under the Water Act 2000 . (sec.58-ssec.1) This section applies to a deed made under this division that is proposed to be deposited in a registry for the purpose of supporting another document lodged or deposited in the registry. (sec.58-ssec.2) If the deed is made in counterparts, each counterpart must be deposited in the registry for the purpose. (sec.58-ssec.3) If the deed or a counterpart of the deed is in the form of an electronic document, a printed copy of the deed or counterpart certified under subsection (4) must be deposited in the registry for the purpose. (sec.58-ssec.4) For subsection (3) , the printed copy must be certified as a true copy of the original deed or counterpart— on a page of the printed copy; and by 1 of the following persons— 1 of the signatories; a lawyer; a justice; a commissioner for declarations; a notary public; a trustee company under the Trustee Companies Act 1968 ; a stockbroker. (sec.58-ssec.5) In this section— registry means— the land registry; or the water allocations register under the Water Act 2000 .
A person may assume that a document has been duly executed by a corporation if— the document appears to have been signed under section 52 (1) or (3) ; or for a corporation using a seal— the seal of the corporation appears to have been fixed to the document; and the fixing of the seal appears to have been witnessed under section 52 (2) or (4) . This section does not limit or otherwise affect any requirement to be satisfied that a person signing a document is a director, secretary, or lawfully authorised agent or attorney, of a corporation. (sec.59-ssec.1) A person may assume that a document has been duly executed by a corporation if— the document appears to have been signed under section 52 (1) or (3) ; or for a corporation using a seal— the seal of the corporation appears to have been fixed to the document; and the fixing of the seal appears to have been witnessed under section 52 (2) or (4) . (sec.59-ssec.2) This section does not limit or otherwise affect any requirement to be satisfied that a person signing a document is a director, secretary, or lawfully authorised agent or attorney, of a corporation.
The rule of law known as the rule in Pigot’s case is abolished. Accordingly, a material alteration to a deed does not, by itself, invalidate the deed or render it voidable, or limit or otherwise affect any obligation under the deed. (sec.60-ssec.1) The rule of law known as the rule in Pigot’s case is abolished. (sec.60-ssec.2) Accordingly, a material alteration to a deed does not, by itself, invalidate the deed or render it voidable, or limit or otherwise affect any obligation under the deed.
In a deed, contract, will or other document, unless the context otherwise requires— the term month means calendar month; and the term person includes an individual and a corporation; and words indicating a gender include each other gender; and words in the singular include the plural and words in the plural include the singular. A covenant, power or term implied in a deed, contract, will, or other document under this Act or another Act must be construed under subsection (1) . (sec.61-ssec.1) In a deed, contract, will or other document, unless the context otherwise requires— the term month means calendar month; and the term person includes an individual and a corporation; and words indicating a gender include each other gender; and words in the singular include the plural and words in the plural include the singular. (sec.61-ssec.2) A covenant, power or term implied in a deed, contract, will, or other document under this Act or another Act must be construed under subsection (1) .
A covenant, power or term implied, under this Act or another Act, in a document has the same effect, and may be enforced in the same way, as if the covenant, power or term had been expressed in the document. However, the covenant, power or term implied in the document may be negatived, varied or extended by the express terms of the document or another document. This section is subject to this Act or another Act. (sec.62-ssec.1) A covenant, power or term implied, under this Act or another Act, in a document has the same effect, and may be enforced in the same way, as if the covenant, power or term had been expressed in the document. (sec.62-ssec.2) However, the covenant, power or term implied in the document may be negatived, varied or extended by the express terms of the document or another document. (sec.62-ssec.3) This section is subject to this Act or another Act.
A covenant, whether express or implied, or agreement, entered into by a person with the person’s self and 1 or more other persons, has the same effect, and may be enforced in the same way, as if the covenant or agreement had been entered into by the person with the other person or persons alone. In this section— implied includes implied under this Act or another Act. (sec.63-ssec.1) A covenant, whether express or implied, or agreement, entered into by a person with the person’s self and 1 or more other persons, has the same effect, and may be enforced in the same way, as if the covenant or agreement had been entered into by the person with the other person or persons alone. (sec.63-ssec.2) In this section— implied includes implied under this Act or another Act.
A covenant relating to land of a covenantee is taken to be made with each of the following— the covenantee; the covenantee’s successors in title; each person deriving title from a person mentioned in paragraph (a) or (b) . A covenant relating to land of a covenantor, or land capable of being bound by a covenantor, is taken to be made by each of the following— the covenantor on behalf of the covenantor’s self; the covenantor’s successors in title; each person deriving title from a person mentioned in paragraph (a) or (b) ; for a restrictive covenant—the owners and occupiers for the time being of the land burdened by the covenant. Subsection (2) extends to a covenant to do some act relating to the land, notwithstanding that the subject matter of the covenant may not be in existence when the covenant is made. This section applies subject to any agreement to the contrary. (sec.64-ssec.1) A covenant relating to land of a covenantee is taken to be made with each of the following— the covenantee; the covenantee’s successors in title; each person deriving title from a person mentioned in paragraph (a) or (b) . (sec.64-ssec.2) A covenant relating to land of a covenantor, or land capable of being bound by a covenantor, is taken to be made by each of the following— the covenantor on behalf of the covenantor’s self; the covenantor’s successors in title; each person deriving title from a person mentioned in paragraph (a) or (b) ; for a restrictive covenant—the owners and occupiers for the time being of the land burdened by the covenant. (sec.64-ssec.3) Subsection (2) extends to a covenant to do some act relating to the land, notwithstanding that the subject matter of the covenant may not be in existence when the covenant is made. (sec.64-ssec.4) This section applies subject to any agreement to the contrary.
This section applies to a covenant contained in a registered easement over land (the burdened land ). If the covenant imposes an obligation, whether positive or negative, in relation to the use, ownership or maintenance of the burdened land, the covenant binds the grantor and the grantee of the easement, and each of their successors in title. A covenant imposes an obligation in relation to the use, ownership or maintenance of the burdened land if the covenant imposes an obligation— to maintain or repair the burdened land; or to construct, maintain, repair or replace improvements or infrastructure on the burdened land used in connection with the easement; or to pay for or contribute to the performance of an obligation mentioned in paragraph (a) or (b) ; or to pay for or contribute to rates or taxes relating to the burdened land; or to indemnify a party to the easement in connection with the use of the easement; or to insure, pay for or contribute to insurance in connection with the use of the easement. Subsection (3) does not limit the covenants that may impose an obligation in relation to the use, ownership or maintenance of the burdened land. Subsection (2) does not apply if the covenant is expressed to be personal to the grantor or the grantee of the easement. This section does not limit or otherwise affect the Land Title Act 1994 , part 6 , division 4 or 4A . To remove any doubt, it is declared that a registered easement under this section includes a registered easement in gross. (sec.65-ssec.1) This section applies to a covenant contained in a registered easement over land (the burdened land ). (sec.65-ssec.2) If the covenant imposes an obligation, whether positive or negative, in relation to the use, ownership or maintenance of the burdened land, the covenant binds the grantor and the grantee of the easement, and each of their successors in title. (sec.65-ssec.3) A covenant imposes an obligation in relation to the use, ownership or maintenance of the burdened land if the covenant imposes an obligation— to maintain or repair the burdened land; or to construct, maintain, repair or replace improvements or infrastructure on the burdened land used in connection with the easement; or to pay for or contribute to the performance of an obligation mentioned in paragraph (a) or (b) ; or to pay for or contribute to rates or taxes relating to the burdened land; or to indemnify a party to the easement in connection with the use of the easement; or to insure, pay for or contribute to insurance in connection with the use of the easement. (sec.65-ssec.3A) Subsection (3) does not limit the covenants that may impose an obligation in relation to the use, ownership or maintenance of the burdened land. (sec.65-ssec.4) Subsection (2) does not apply if the covenant is expressed to be personal to the grantor or the grantee of the easement. (sec.65-ssec.5) This section does not limit or otherwise affect the Land Title Act 1994 , part 6 , division 4 or 4A . (sec.65-ssec.6) To remove any doubt, it is declared that a registered easement under this section includes a registered easement in gross.
To remove any doubt, it is declared that this Act does not confer on any person a right to register a restrictive covenant.
Subject to this Act and any other Act— a promise made by 2 or more persons takes effect, unless a contrary intention appears, as a promise made jointly and severally by each of those persons; and a joint liability is discharged, or a cause of action with respect to a joint liability is extinguished, by a fact, event or other thing only to the extent the liability would be discharged, or cause of action extinguished, by the fact, event or other thing if the liability were joint and several. In this section— promise includes— a promise, bond or other obligation under seal or under a deed; and a covenant, whether express or implied under this Act. (sec.67-ssec.1) Subject to this Act and any other Act— a promise made by 2 or more persons takes effect, unless a contrary intention appears, as a promise made jointly and severally by each of those persons; and a joint liability is discharged, or a cause of action with respect to a joint liability is extinguished, by a fact, event or other thing only to the extent the liability would be discharged, or cause of action extinguished, by the fact, event or other thing if the liability were joint and several. (sec.67-ssec.2) In this section— promise includes— a promise, bond or other obligation under seal or under a deed; and a covenant, whether express or implied under this Act.
This section applies if— a person (the promisor ) and another person (the promisee ) enter into a contract; and the contract contains a promise that the promisor will do or refrain from doing an act for the benefit of another person who is not a party to the contract (the third party ). The promisor is subject to a duty enforceable by the third party to perform the promise. Subject to the terms of the contract, the contract or the promise may be terminated or modified by the agreement of the promisor and promisee before the third party accepts the benefit of the promise. If the third party accepts the benefit of the promise, either expressly or by conduct, an obligation imposed by the contract on the third party for the benefit of the promisor is enforceable by the promisor. The promise is enforceable by the third party in a proceeding brought in the third party’s own name. If the third party brings a proceeding under subsection (5) — the third party must serve each party to the contract with a copy of the proceeding; and a defence that would have been available to the promisor had the third party been a party to the contract is available to the promisor. If the promise creates an interest in land, this section applies subject to part 2 , division 1 . In this section— contract includes a deed or another document if the deed or other document provides for the giving of consideration. third party includes— a person designated by name, description or class; and a person not in existence when a promise is made. (sec.68-ssec.1) This section applies if— a person (the promisor ) and another person (the promisee ) enter into a contract; and the contract contains a promise that the promisor will do or refrain from doing an act for the benefit of another person who is not a party to the contract (the third party ). (sec.68-ssec.2) The promisor is subject to a duty enforceable by the third party to perform the promise. (sec.68-ssec.3) Subject to the terms of the contract, the contract or the promise may be terminated or modified by the agreement of the promisor and promisee before the third party accepts the benefit of the promise. (sec.68-ssec.4) If the third party accepts the benefit of the promise, either expressly or by conduct, an obligation imposed by the contract on the third party for the benefit of the promisor is enforceable by the promisor. (sec.68-ssec.5) The promise is enforceable by the third party in a proceeding brought in the third party’s own name. (sec.68-ssec.6) If the third party brings a proceeding under subsection (5) — the third party must serve each party to the contract with a copy of the proceeding; and a defence that would have been available to the promisor had the third party been a party to the contract is available to the promisor. (sec.68-ssec.7) If the promise creates an interest in land, this section applies subject to part 2 , division 1 . (sec.68-ssec.8) In this section— contract includes a deed or another document if the deed or other document provides for the giving of consideration. third party includes— a person designated by name, description or class; and a person not in existence when a promise is made.
A guarantee is not enforceable in a proceeding unless— the guarantee is in writing or its terms are recorded in writing; and the guarantee or written record is signed by the party against whom the guarantee is sought to be enforced. However, subsection (1) does not require the consideration given for the guarantee to appear in writing or by necessary inference from a written document. Subject to the National Consumer Credit Protection Act 2009 (Cwlth) , a guarantee may comply with subsection (1) even if the guarantee is— an electronic document; or digitally signed. In this section— digitally sign , an electronic document, means sign the document using a method mentioned in the Electronic Transactions (Queensland) Act 2001 , section 14 . guarantee includes an indemnity. (sec.69-ssec.1) A guarantee is not enforceable in a proceeding unless— the guarantee is in writing or its terms are recorded in writing; and the guarantee or written record is signed by the party against whom the guarantee is sought to be enforced. (sec.69-ssec.2) However, subsection (1) does not require the consideration given for the guarantee to appear in writing or by necessary inference from a written document. (sec.69-ssec.3) Subject to the National Consumer Credit Protection Act 2009 (Cwlth) , a guarantee may comply with subsection (1) even if the guarantee is— an electronic document; or digitally signed. (sec.69-ssec.4) In this section— digitally sign , an electronic document, means sign the document using a method mentioned in the Electronic Transactions (Queensland) Act 2001 , section 14 . guarantee includes an indemnity.
If a contract or other document provides that a certificate of a person is conclusive evidence of a fact, the certificate is evidence, but not conclusive evidence, of the fact. However, subsection (1) does not apply to— a certificate of a person bound to act judicially, quasi-judicially or as an arbitrator in giving the certificate; or a certificate of an expert, including, for example, an architect or engineer, required to be independent and act fairly to the parties to the contract or other document in giving the certificate; or a provision in a contract or other document agreed to after a dispute has arisen about the fact. Subsection (1) applies— subject to any other Act; and despite any agreement to the contrary. In this section— certificate includes a statement and an opinion. fact includes a circumstance, event, matter and state of affairs. (sec.70-ssec.1) If a contract or other document provides that a certificate of a person is conclusive evidence of a fact, the certificate is evidence, but not conclusive evidence, of the fact. (sec.70-ssec.2) However, subsection (1) does not apply to— a certificate of a person bound to act judicially, quasi-judicially or as an arbitrator in giving the certificate; or a certificate of an expert, including, for example, an architect or engineer, required to be independent and act fairly to the parties to the contract or other document in giving the certificate; or a provision in a contract or other document agreed to after a dispute has arisen about the fact. (sec.70-ssec.3) Subsection (1) applies— subject to any other Act; and despite any agreement to the contrary. (sec.70-ssec.4) In this section— certificate includes a statement and an opinion. fact includes a circumstance, event, matter and state of affairs.
A statutory instrument, other than prescribed subordinate legislation, does not and can not— render voidable or unenforceable any contract or disposition concerning property that is made, entered into or effected contrary to the statutory instrument; or for a contract for the sale of land—give a party to the contract a right to terminate the contract for a failure by another party to the contract to comply with the statutory instrument. In this section— prescribed subordinate legislation means subordinate legislation prescribed by regulation for this section. (sec.71-ssec.1) A statutory instrument, other than prescribed subordinate legislation, does not and can not— render voidable or unenforceable any contract or disposition concerning property that is made, entered into or effected contrary to the statutory instrument; or for a contract for the sale of land—give a party to the contract a right to terminate the contract for a failure by another party to the contract to comply with the statutory instrument. (sec.71-ssec.2) In this section— prescribed subordinate legislation means subordinate legislation prescribed by regulation for this section.
This section applies if an Act requires a certificate to be obtained or given before or when— entering a contract for the disposition of property; or making a disposition of property. It is sufficient compliance with the requirement if the certificate is obtained or given before settlement of the contract or disposition. Subsection (2) does not apply if this Act or another Act expressly provides otherwise. In this section— certificate includes an approval and a consent. settlement , of a contract or disposition, means— for a sale—settlement of the sale; or for a lease—entry into possession under the lease by the lessee; or for a mortgage—the acceptance of liability under the mortgage by the mortgagor; or otherwise—the finalisation of the contract or disposition. (sec.72-ssec.1) This section applies if an Act requires a certificate to be obtained or given before or when— entering a contract for the disposition of property; or making a disposition of property. (sec.72-ssec.2) It is sufficient compliance with the requirement if the certificate is obtained or given before settlement of the contract or disposition. (sec.72-ssec.3) Subsection (2) does not apply if this Act or another Act expressly provides otherwise. (sec.72-ssec.4) In this section— certificate includes an approval and a consent. settlement , of a contract or disposition, means— for a sale—settlement of the sale; or for a lease—entry into possession under the lease by the lessee; or for a mortgage—the acceptance of liability under the mortgage by the mortgagor; or otherwise—the finalisation of the contract or disposition.
This section applies to a stipulation in a contract, as to time or otherwise, that under the rules of equity is not of the essence of the contract. The stipulation must be construed, and has effect at law, under the rules of equity. (sec.73-ssec.1) This section applies to a stipulation in a contract, as to time or otherwise, that under the rules of equity is not of the essence of the contract. (sec.73-ssec.2) The stipulation must be construed, and has effect at law, under the rules of equity.
In this division— computer means all or part of a computer, computer system or computer network and includes, for example, all external devices connected to the computer in any way or capable of communicating with each other as part of a system or network. conveyancing transaction see the Electronic Conveyancing National Law (Queensland) , section 3 . e-conveyance means a conveyancing transaction to be completed using e-conveyancing. e-conveyancing means a system of land conveyancing that uses an ELN to lodge documents electronically for the purpose of land titles legislation. electronic workspace , for an e-conveyance, means a shared electronic workspace within an ELN that allows the participating subscribers to the e-conveyance— to lodge a document electronically under the Electronic Conveyancing National Law (Queensland) ; and if relevant, to authorise or complete financial settlement of the e-conveyance. ELN means an Electronic Lodgment Network under the Electronic Conveyancing National Law (Queensland) . financial settlement , of an e-conveyance, means the exchange of value, in an ELN, between financial institutions in accordance with the instructions of participating subscribers to the e-conveyance. land titles legislation see the Electronic Conveyancing National Law (Queensland) Act 2013 , section 6 . participating subscriber , to an e-conveyance, means a subscriber who is involved in the e-conveyance as a party to the e-conveyance or as a representative of a party. sale , of land, includes an exchange for value. subscriber see the Electronic Conveyancing National Law (Queensland) , section 3 .
A reference in this Act or another Act to the settlement, however described, of the sale of land or a contract for the sale of land, using e-conveyancing, is a reference to the electronic workspace for the e-conveyance recording— financial settlement of the sale; or if there is no financial settlement of the sale—the acceptance by the registrar, for electronic lodgement, of the documents necessary to transfer title. Subsection (1) does not apply if this Act or another Act expressly provides otherwise. (sec.75-ssec.1) A reference in this Act or another Act to the settlement, however described, of the sale of land or a contract for the sale of land, using e-conveyancing, is a reference to the electronic workspace for the e-conveyance recording— financial settlement of the sale; or if there is no financial settlement of the sale—the acceptance by the registrar, for electronic lodgement, of the documents necessary to transfer title. (sec.75-ssec.2) Subsection (1) does not apply if this Act or another Act expressly provides otherwise.
The following conditions are implied in a contract for the sale of land— the seller must give the buyer, at the cost of the seller, a copy of each document, in relation to which a caveat is registered, that is in the possession of the seller; the seller must, at the cost of the seller, remove any objection to the registration of any document required to give effect to the contract unless— the objection arises from the buyer’s own act or omission; or the objection may have been discovered by a reasonable person in the position of the buyer, and was not raised by the buyer, before settlement; if the seller is required under the contract to transfer the land free from encumbrances—the seller must, on settlement of the contract— discharge any encumbrances out of the purchase money payable under the contract by the buyer; and for an encumbrance registered on the title to the land—give the buyer a release of the encumbrance in registrable form. Also, if a sale of land is not an e-conveyance, the following conditions are implied in the contract for the sale of the land— payment or tender of money payable under the contract may be made by a cheque drawn on a financial institution; settlement of the contract must take place at— the office of the land registry at which the document relating to the sale may be lodged; or if there is more than 1 office under subparagraph (i) —the office of the land registry nearest the land. This section applies subject to the terms of the contract for the sale of the land. (sec.76-ssec.1) The following conditions are implied in a contract for the sale of land— the seller must give the buyer, at the cost of the seller, a copy of each document, in relation to which a caveat is registered, that is in the possession of the seller; the seller must, at the cost of the seller, remove any objection to the registration of any document required to give effect to the contract unless— the objection arises from the buyer’s own act or omission; or the objection may have been discovered by a reasonable person in the position of the buyer, and was not raised by the buyer, before settlement; if the seller is required under the contract to transfer the land free from encumbrances—the seller must, on settlement of the contract— discharge any encumbrances out of the purchase money payable under the contract by the buyer; and for an encumbrance registered on the title to the land—give the buyer a release of the encumbrance in registrable form. (sec.76-ssec.2) Also, if a sale of land is not an e-conveyance, the following conditions are implied in the contract for the sale of the land— payment or tender of money payable under the contract may be made by a cheque drawn on a financial institution; settlement of the contract must take place at— the office of the land registry at which the document relating to the sale may be lodged; or if there is more than 1 office under subparagraph (i) —the office of the land registry nearest the land. (sec.76-ssec.3) This section applies subject to the terms of the contract for the sale of the land.
This section applies if— parties enter into a contract for the sale of land; and the land contains or comprises a residential dwelling; and before the earlier of the following to happen, the residential dwelling is so damaged or destroyed as to be unfit for occupation as a residential dwelling— the settlement of the contract; the buyer taking possession of the land under the contract or another document. The buyer may rescind the contract by giving notice to the seller of the rescission before the earliest of the following to happen— the settlement of the contract; the buyer taking possession of the land under the contract or another document; the seller restoring the residential dwelling to the condition it was in immediately before it was so damaged or destroyed as to be unfit for occupation as a residential dwelling. If the seller restores the residential dwelling to the condition it was in immediately before it was so damaged or destroyed as to be unfit for occupation as a residential dwelling, the seller must give notice to the buyer of the restoration as soon as practicable after the restoration. The buyer may, after receiving notice under subsection (3) and giving reasonable notice to the seller, inspect the residential dwelling. On rescission of the contract, an amount, if any, paid under the contract by the buyer must be refunded to the buyer. This section applies despite any agreement to the contrary. In this section— residential dwelling — means a building or part of a building used, or currently designed for use, only as a single dwelling; and includes a residential dwelling that comprises— a lot included in a community titles scheme; or a lot under the Building Units and Group Titles Act 1980 ; or a leasehold building units lot under the South Bank Corporation Act 1989 , section 97B ; and does not include a building or part of a building used, or currently designed for use, as temporary accommodation. (sec.77-ssec.1) This section applies if— parties enter into a contract for the sale of land; and the land contains or comprises a residential dwelling; and before the earlier of the following to happen, the residential dwelling is so damaged or destroyed as to be unfit for occupation as a residential dwelling— the settlement of the contract; the buyer taking possession of the land under the contract or another document. (sec.77-ssec.2) The buyer may rescind the contract by giving notice to the seller of the rescission before the earliest of the following to happen— the settlement of the contract; the buyer taking possession of the land under the contract or another document; the seller restoring the residential dwelling to the condition it was in immediately before it was so damaged or destroyed as to be unfit for occupation as a residential dwelling. (sec.77-ssec.3) If the seller restores the residential dwelling to the condition it was in immediately before it was so damaged or destroyed as to be unfit for occupation as a residential dwelling, the seller must give notice to the buyer of the restoration as soon as practicable after the restoration. (sec.77-ssec.4) The buyer may, after receiving notice under subsection (3) and giving reasonable notice to the seller, inspect the residential dwelling. (sec.77-ssec.5) On rescission of the contract, an amount, if any, paid under the contract by the buyer must be refunded to the buyer. (sec.77-ssec.6) This section applies despite any agreement to the contrary. (sec.77-ssec.7) In this section— residential dwelling — means a building or part of a building used, or currently designed for use, only as a single dwelling; and includes a residential dwelling that comprises— a lot included in a community titles scheme; or a lot under the Building Units and Group Titles Act 1980 ; or a leasehold building units lot under the South Bank Corporation Act 1989 , section 97B ; and does not include a building or part of a building used, or currently designed for use, as temporary accommodation.
This section applies if— parties enter into a contract for the sale of land; and the contract provides that the day of settlement of the contract is a day that is not a business day in— the place where the contract is to be settled; or if the contract is to be settled electronically and the contract does not provide for a place where the contract is to be settled—the place where the land is located; and the contract does not designate the day mentioned in paragraph (b) as a Saturday, Sunday or public holiday. Despite the terms of the contract, the day of settlement of the contract is— if the parties to the contract agree to another day of settlement—the day agreed; or otherwise—the next business day in the place mentioned in subsection (1) (b) after the day of settlement provided for in the contract. (sec.78-ssec.1) This section applies if— parties enter into a contract for the sale of land; and the contract provides that the day of settlement of the contract is a day that is not a business day in— the place where the contract is to be settled; or if the contract is to be settled electronically and the contract does not provide for a place where the contract is to be settled—the place where the land is located; and the contract does not designate the day mentioned in paragraph (b) as a Saturday, Sunday or public holiday. (sec.78-ssec.2) Despite the terms of the contract, the day of settlement of the contract is— if the parties to the contract agree to another day of settlement—the day agreed; or otherwise—the next business day in the place mentioned in subsection (1) (b) after the day of settlement provided for in the contract.
This section applies if— parties enter into a contract for the sale of land; and the contract provides that time is of the essence; and the buyer, without default on the buyer’s part, can not, on the day of settlement of the contract, verify the seller’s title because computers in the office of the land registry being used to verify the seller’s title are inoperative. Time stops being of the essence of the contract. The seller is taken— not to have proved title to the land; and not to be in breach of the contract only because of the failure to prove title at that time. The seller or buyer may give a notice to the other party to the contract to complete the contract. The notice must state— that the computers are again fully operational; and the day, at least 3 business days but not more than 7 business days after the day the notice is given, for settlement of the contract. The notice may not be given earlier than the day after the first continuous day of operation of the computers after the computers are again fully operational. From a party’s receipt of the notice, time is again of the essence of the contract. This section applies subject to the terms of the contract for the sale of the land. (sec.79-ssec.1) This section applies if— parties enter into a contract for the sale of land; and the contract provides that time is of the essence; and the buyer, without default on the buyer’s part, can not, on the day of settlement of the contract, verify the seller’s title because computers in the office of the land registry being used to verify the seller’s title are inoperative. (sec.79-ssec.2) Time stops being of the essence of the contract. (sec.79-ssec.3) The seller is taken— not to have proved title to the land; and not to be in breach of the contract only because of the failure to prove title at that time. (sec.79-ssec.4) The seller or buyer may give a notice to the other party to the contract to complete the contract. (sec.79-ssec.5) The notice must state— that the computers are again fully operational; and the day, at least 3 business days but not more than 7 business days after the day the notice is given, for settlement of the contract. (sec.79-ssec.6) The notice may not be given earlier than the day after the first continuous day of operation of the computers after the computers are again fully operational. (sec.79-ssec.7) From a party’s receipt of the notice, time is again of the essence of the contract. (sec.79-ssec.8) This section applies subject to the terms of the contract for the sale of the land.
This section applies if— parties enter into a contract for the sale of land that is an e-conveyance; and the contract provides that time is of the essence; and the contract can not, on the day of settlement of the contract, be settled because computers used by any of the following entities are inoperative, including, for example, because the entity is closed for business— an office of the land registry; an office of the Commissioner of State Revenue under the Taxation Administration Act 2001 ; the Reserve Bank of Australia; a financial institution; an ELN. The parties to the contract are taken not to be in breach of the contract only because of the failure, on the day of settlement of the contract, to complete settlement of the contract. Time does not stop being of the essence of the contract. The day of settlement of the contract is taken to be the next business day. The parties must do everything required under the ELN to enable the contract to be settled on the next business day. This section applies subject to any agreement to the contrary. To remove any doubt, it is declared that if, on the next business day mentioned in subsection (4) , the contract again can not be settled because of the circumstances mentioned in subsection (1) , this section again applies in relation to the circumstances. In this section— business day means a day that is not— a Saturday or Sunday; or a public holiday in— the place where the contract is to be settled; or if the contract is to be settled electronically and the contract does not provide for a place where the contract is to be settled—the place where the land is located; or a day in the period starting on 27 December and ending on 31 December. (sec.80-ssec.1) This section applies if— parties enter into a contract for the sale of land that is an e-conveyance; and the contract provides that time is of the essence; and the contract can not, on the day of settlement of the contract, be settled because computers used by any of the following entities are inoperative, including, for example, because the entity is closed for business— an office of the land registry; an office of the Commissioner of State Revenue under the Taxation Administration Act 2001 ; the Reserve Bank of Australia; a financial institution; an ELN. (sec.80-ssec.2) The parties to the contract are taken not to be in breach of the contract only because of the failure, on the day of settlement of the contract, to complete settlement of the contract. (sec.80-ssec.3) Time does not stop being of the essence of the contract. (sec.80-ssec.4) The day of settlement of the contract is taken to be the next business day. (sec.80-ssec.5) The parties must do everything required under the ELN to enable the contract to be settled on the next business day. (sec.80-ssec.6) This section applies subject to any agreement to the contrary. (sec.80-ssec.6A) To remove any doubt, it is declared that if, on the next business day mentioned in subsection (4) , the contract again can not be settled because of the circumstances mentioned in subsection (1) , this section again applies in relation to the circumstances. (sec.80-ssec.7) In this section— business day means a day that is not— a Saturday or Sunday; or a public holiday in— the place where the contract is to be settled; or if the contract is to be settled electronically and the contract does not provide for a place where the contract is to be settled—the place where the land is located; or a day in the period starting on 27 December and ending on 31 December.
This section applies if— parties enter into a contract for the sale of land; and the contract provides that time is of the essence; and a party to the contract (the non-attending party ), because of an adverse event, can not, on the day and at the time of settlement of the contract, complete settlement of the contract. Time stops being of the essence of the contract. The non-attending party— must take reasonable steps to mitigate the effects of the adverse event on the settlement of the contract; and subject to compliance with paragraph (a) —is taken not to be in breach of the contract only because of the failure, on the day and at the time of settlement of the contract, to complete settlement of the contract. Despite the terms of the contract, but subject to any right under the contract to nominate a new day and time of settlement of the contract, the day and time of settlement of the contract are— if the parties to the contract agree to another day and time—the day and time agreed; or otherwise—the day and time determined under subsections (5) to (8) . The non-attending party must— as soon as practicable after the adverse event, tell the other party of the adverse event and how the adverse event has caused the non-attending party to fail to complete settlement of the contract; and as soon as practicable after the adverse event stops preventing the non-attending party from completing settlement of the contract, give a notice to the other party to the contract to complete the contract. The notice under subsection (5) (b) must state— a day, at least 5 business days and not more than 10 business days after the day the notice is given, for settlement of the contract; and a time for settlement of the contract. From a party’s receipt of a notice under subsection (5) (b) and (6) , time is again of the essence of the contract. If a notice is given under subsection (5) (b) by the buyer and the seller in relation to the same adverse event on the same day of settlement, the notice given by the seller prevails. In this section— adverse event means an event that causes serious disruption to a community, including, for example— a cyclone, fire, flood, landslide, seismic event, storm, storm tide, tsunami or tornado; and a public health emergency under the Public Health Act 2005 ; and a requirement to comply with a lawful direction or order given by a government entity under a law of the Commonwealth or a State; and an act of terrorism, activity related to war, civil commotion, public disturbance or riot; and an explosion or sudden impact of an object, including, for example, an aircraft or object from space. business day means a day that is not— a Saturday or Sunday; or a public holiday in— the place where the contract is to be settled; or if the contract is to be settled electronically and the contract does not provide for a place where the contract is to be settled—the place where the land is located; or a day in the period starting on 27 December and ending on 31 December. (sec.81-ssec.1) This section applies if— parties enter into a contract for the sale of land; and the contract provides that time is of the essence; and a party to the contract (the non-attending party ), because of an adverse event, can not, on the day and at the time of settlement of the contract, complete settlement of the contract. (sec.81-ssec.2) Time stops being of the essence of the contract. (sec.81-ssec.3) The non-attending party— must take reasonable steps to mitigate the effects of the adverse event on the settlement of the contract; and subject to compliance with paragraph (a) —is taken not to be in breach of the contract only because of the failure, on the day and at the time of settlement of the contract, to complete settlement of the contract. (sec.81-ssec.4) Despite the terms of the contract, but subject to any right under the contract to nominate a new day and time of settlement of the contract, the day and time of settlement of the contract are— if the parties to the contract agree to another day and time—the day and time agreed; or otherwise—the day and time determined under subsections (5) to (8) . (sec.81-ssec.5) The non-attending party must— as soon as practicable after the adverse event, tell the other party of the adverse event and how the adverse event has caused the non-attending party to fail to complete settlement of the contract; and as soon as practicable after the adverse event stops preventing the non-attending party from completing settlement of the contract, give a notice to the other party to the contract to complete the contract. (sec.81-ssec.6) The notice under subsection (5) (b) must state— a day, at least 5 business days and not more than 10 business days after the day the notice is given, for settlement of the contract; and a time for settlement of the contract. (sec.81-ssec.7) From a party’s receipt of a notice under subsection (5) (b) and (6) , time is again of the essence of the contract. (sec.81-ssec.8) If a notice is given under subsection (5) (b) by the buyer and the seller in relation to the same adverse event on the same day of settlement, the notice given by the seller prevails. (sec.81-ssec.9) In this section— adverse event means an event that causes serious disruption to a community, including, for example— a cyclone, fire, flood, landslide, seismic event, storm, storm tide, tsunami or tornado; and a public health emergency under the Public Health Act 2005 ; and a requirement to comply with a lawful direction or order given by a government entity under a law of the Commonwealth or a State; and an act of terrorism, activity related to war, civil commotion, public disturbance or riot; and an explosion or sudden impact of an object, including, for example, an aircraft or object from space. business day means a day that is not— a Saturday or Sunday; or a public holiday in— the place where the contract is to be settled; or if the contract is to be settled electronically and the contract does not provide for a place where the contract is to be settled—the place where the land is located; or a day in the period starting on 27 December and ending on 31 December.
A written direction given by a seller’s authorised agent to the buyer or the buyer’s authorised agent in relation to the payment of money under a contract for the sale of land is sufficient discharge of the buyer in relation to the payment of the money. In this section— authorised agent means— a legal practitioner; or a manager of a financial institution. (sec.82-ssec.1) A written direction given by a seller’s authorised agent to the buyer or the buyer’s authorised agent in relation to the payment of money under a contract for the sale of land is sufficient discharge of the buyer in relation to the payment of the money. (sec.82-ssec.2) In this section— authorised agent means— a legal practitioner; or a manager of a financial institution.
The rule of law known as the rule in Bain v Fothergill is abolished in relation to a contract for the sale or other disposition of land. The court may award damages for loss of bargain against a seller who can not perform a contract for the sale or other disposition of land because of a defect in the seller’s title. This section does not affect a right, power or remedy available to a buyer under a contract for the sale or other disposition of land in relation to a defect in the seller’s title, or a failure of the seller to perform the contract, that is available under a law other than this section. This section applies despite any agreement to the contrary. (sec.83-ssec.1) The rule of law known as the rule in Bain v Fothergill is abolished in relation to a contract for the sale or other disposition of land. (sec.83-ssec.2) The court may award damages for loss of bargain against a seller who can not perform a contract for the sale or other disposition of land because of a defect in the seller’s title. (sec.83-ssec.3) This section does not affect a right, power or remedy available to a buyer under a contract for the sale or other disposition of land in relation to a defect in the seller’s title, or a failure of the seller to perform the contract, that is available under a law other than this section. (sec.83-ssec.4) This section applies despite any agreement to the contrary.
This section applies if a seller is not entitled to specific performance of a contract for the sale of land against a buyer because of a defect in the seller’s title but the defect does not entitle the buyer to rescind the contract. The buyer may recover the buyer’s deposit and any instalments under the contract and is relieved from all liability under the contract, unless the contract discloses the defect and contains a term precluding the buyer from objecting to the defect. If the defect was known, or should reasonably have been known, to the seller at the date of the contract the buyer may also recover the buyer’s expenses of investigating the title. Also, without being limited by subsection (1) , in any proceeding in which the court refuses to order specific performance of a contract, or in which the buyer seeks return of the deposit or any instalments under a contract, the court may order the repayment of the deposit and any instalments. This section applies despite any agreement to the contrary. (sec.84-ssec.1) This section applies if a seller is not entitled to specific performance of a contract for the sale of land against a buyer because of a defect in the seller’s title but the defect does not entitle the buyer to rescind the contract. (sec.84-ssec.2) The buyer may recover the buyer’s deposit and any instalments under the contract and is relieved from all liability under the contract, unless the contract discloses the defect and contains a term precluding the buyer from objecting to the defect. (sec.84-ssec.3) If the defect was known, or should reasonably have been known, to the seller at the date of the contract the buyer may also recover the buyer’s expenses of investigating the title. (sec.84-ssec.4) Also, without being limited by subsection (1) , in any proceeding in which the court refuses to order specific performance of a contract, or in which the buyer seeks return of the deposit or any instalments under a contract, the court may order the repayment of the deposit and any instalments. (sec.84-ssec.5) This section applies despite any agreement to the contrary.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This Act may be cited as the Property Law Act 2023 .
This Act commences on a day to be fixed by proclamation.
This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act. (sec.3-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. (sec.3-ssec.2) Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence against this Act.
This Act applies to— land in Queensland; and property, other than land, whether in or outside Queensland, to the extent the general law of Queensland applies to the property; and documents, whether executed in or outside Queensland, to the extent the general law of Queensland applies to the documents.
This Act applies subject to the following Acts— the Land Act 1994 ; the Land Title Act 1994 ; the Mineral and Energy Resources (Common Provisions) Act 2014 ; each Resource Act. If this Act is inconsistent with an Act mentioned in subsection (1) , unless this Act or the Act mentioned in subsection (1) expressly provides otherwise, the Act mentioned in subsection (1) prevails to the extent of the inconsistency. (sec.5-ssec.1) This Act applies subject to the following Acts— the Land Act 1994 ; the Land Title Act 1994 ; the Mineral and Energy Resources (Common Provisions) Act 2014 ; each Resource Act. (sec.5-ssec.2) If this Act is inconsistent with an Act mentioned in subsection (1) , unless this Act or the Act mentioned in subsection (1) expressly provides otherwise, the Act mentioned in subsection (1) prevails to the extent of the inconsistency.
Rewrites buyer/seller and conveyancing rules for sales of land, including implied seller obligations, e‑conveyancing settlement rules and protections where the dwelling is destroyed before settlement (ss 74–86). Important e‑conveyancing rules allocate risk when electronic systems or third‑party computer systems are inoperative (ss 75, 78–81).
Introduces a seller‑disclosure regime for sales of lots (detailed form and prescribed documents, exemptions and remedies where disclosure is missing or misleading) and sets out how disclosure can be delivered electronically (ss 95–106, 99–105, 101–103).
Adds statutory protections for instalment purchasers (notice periods before termination for missed instalments, ability to caveat, restrictions on seller selling or mortgaging without buyer consent) (ss 87–94).
Rewrites mortgage law: expressly lists implied mortgagee powers (sale, appoint receiver, insure, etc.), imposes a pre‑sale notice and cure period for mortgagors (usually 30 days) (s 114), obliges mortgagees to take reasonable care to obtain market value and prescribes additional steps for some regulated mortgages (s 116), sets out how sale proceeds are applied, receiver powers and duties, and other modernization (ss 110–136).
Reframes lease law: standard implied terms for leases (schedule 1), protections around consent to assign/sublease (lessor must not unreasonably withhold and must give a decision in a month), a detailed statutory scheme about notices to remedy breaches and court powers for relief against forfeiture and refusal to renew (ss 139, 142, 153–167).
Creates statutory duties and modern processes for neighbouring‑land issues (duty of care about support between neighbouring landowners abolishes nuisance claim for support; ss 179) and gives courts powers to create, modify or extinguish easements or other statutory rights of use when necessary for effective land use (ss 180–181).
Provides remedies for encroachments (including minimum compensation rules that scale up if the encroachment was intentional or negligent) and for lasting improvements made in honest mistake of title (ss 185–188, 186).
Modernises transactions law: clear rules for assignment of debts and choses in action (ss 189–192), and provisions enabling courts to set aside dispositions made to defraud creditors (s 193).
Abolishes the historic common‑law rule against perpetuities and replaces it with a 125‑year default perpetuity period, plus several saving devices and exceptions (eg charities, commercial options), and transitional processes to opt in older trusts (ss 200–219).
Adds administrative and registry processes for unregistered land, public notices and registrar inquiries, and administrative powers (ss 225–228, 234–236).
Repeals the 1974 Act and contains extensive savings and transition provisions to manage the changeover (pt 18).
Why the legislation matters (official claims and the mechanisms they create)
The stated purpose is consolidation and modernisation: to make property formalities, dealings and remedies clearer and to bring property law into line with electronic conveyancing and contemporary commercial practice (see provisions enabling e‑deeds and e‑conveyancing, ss 50, 74–86; repeal of old rules such as Pigot’s, s 60; and widespread new statutory gateways).
The Act centralises many previously judge‑made doctrines in statutory form and supplies standard default rules for parties who do not contract around them (eg implied lease terms, mortgagee sale duties, buyer disclosure for lots). Those default rules operate unless the Act or another law specifically provides otherwise (see numerous "despite any agreement to the contrary" or "subject to any agreement" qualifiers — e.g. ss 35, 116, 127).
Costs, incentives and trade‑offs (how the mechanics shift incentives and impose costs)
Compliance burdens: Sellers of lots now face new pre‑contract disclosure obligations (s 99) and procedural rules about how and when to deliver disclosure (ss 101–103, 102). Mortgagees and receivers face explicit duties to advertise and obtain evidence of value when a sale is prescribed (s 116) and must give statutory cure notices before sale in most cases (s 114). These create compliance time and cost for market participants and for registries.
Litigation and discretionary decisionmaking: the Act gives courts broad discretionary powers (to impose easements, to modify or extinguish easements or covenants, to divide co‑owned property, to order compensation, to appoint administrators to corporations incapable of acting — ss 180–181, 34–42, 134–137, 224). That concentrates decision power in the judiciary and raises potential for increased litigation as parties seek judicial resolution of borderline disputes.
Digital‑system dependency and operational risk: e‑conveyancing provisions clarify what amounts to "settlement" and how delays caused by inoperative computers are handled (ss 75, 79–81). These allocate practical risk (eg next business day rules, notices that restart "time is of the essence") but also increase dependence on Electronic Lodgment Networks (ELNs) and financial institution interfaces — shifting systemic risk into IT availability.
Redistribution of bargaining power and protections: the Act creates buyer protections (rescission if a dwelling is destroyed pre‑settlement — s 77; termination rights where required disclosure is missing or materially false — s 104; instalment buyer protections — ss 91–94) while preserving some seller remedies (eg forfeiture up to 20% of purchase price for proposed lots in specified circumstances — s 85). Those rules narrow some contracting freedom (many divisions say they apply despite agreements to the contrary).
Administrative discretion and costs: the registrar and the Minister have new administrative roles (public notices and land‑registry decisions for unregistered land, s 225–228; Minister may waive State "escheat" rights on terms and must publish waivers, s 18). Those create ongoing administrative responsibilities and potential for regulatory discretion.
Concentrated benefits, diffuse costs: some provisions are likely to benefit specific groups — e.g. mortgagees (clear sale powers, receiver rules, s 113), public utilities (court power to impose easements in gross, s 180(2)) — while costs of compliance, registrar processes and litigation are widely spread among land market participants and courts.
Implementation risks and opportunity costs
Need for forms, approved notices and coordination with ELNs and registries (ss 234–236, 58, 75). Upfront work for government and industry to create approved forms, IT integration, and training.
Courts and registries will absorb a heavier caseload and discretionary decision‑making workload (many new statutory causes, opt‑in and application provisions, parts 10–13, 18).
Bottom line — who pays, who decides and how behaviour will change
Who pays: sellers of lots and vendors using instalment contracts (disclosure compliance, potential repayment obligations), mortgagees (duties to obtain market value and give notices; costs of sale), trustees and trust beneficiaries (perpetuity options and variation deeds), registries (publication/inquiry duties), and parties to litigation (more statutory remedies). Buyers and tenants generally receive stronger statutory protections.
Who decides: courts are given broad remedial powers (sale/division orders, easement imposition/modification, relief from forfeiture, encroachment and improvement orders). The registrar, Minister and chief executive also have administrative discretions (ss 18, 225–228, 234).
Behaviour changes: greater reliance on written and electronic records; increased use of e‑conveyancing; more cautious mortgagee sale processes and stronger pre‑sale notices; sellers more likely to prepare granular disclosure packages for lots; landlords and tenants will use the statutory consent and remedy routes rather than relying purely on common law; trustees may vary trust vesting dates to fit the 125‑year window (ss 216–219).
Key sections to read for specific audiences
Official purpose claims are repeated in the Act (modernisation, clarity, consumer protection). Mechanically the Act centralises rules previously left to case law, creates statutory default rights and duties, and introduces digital‑era processes. Those changes reduce some uncertainty but raise compliance, administrative and implementation costs, create new points of discretionary decisionmaking (courts, registrar, Minister) and shift operational risk onto electronic platforms and registries. For precise effects in a particular transaction you should read the cited sections (examples above) and consider regulator guidance and the transitional provisions in part 18.
The dictionary in schedule 2 defines particular words used in this Act. The Acts Interpretation Act 1954 , schedule 1 defines particular words used in this Act, including, for example— property land interest estate mortgage lease transfer transmission document proceeding corporation
A contract for the disposition of land is not enforceable by action in a proceeding unless— the contract is in writing or some memorandum or note of the contract is recorded in writing; and the contract or the memorandum or note of the contract is signed by the party against whom the contract is sought to be enforced.
The creation of a legal or equitable interest in land must be in writing and signed by the person creating the interest. A trust relating to land must be created or declared in writing and signed by the person creating or declaring the trust. (sec.8-ssec.1) The creation of a legal or equitable interest in land must be in writing and signed by the person creating the interest. (sec.8-ssec.2) A trust relating to land must be created or declared in writing and signed by the person creating or declaring the trust.
An interest in land created by parol, and not put in writing and signed by the person creating the interest, has the effect of an interest at will only. Subsection (1) applies despite any consideration given for the interest. (sec.9-ssec.1) An interest in land created by parol, and not put in writing and signed by the person creating the interest, has the effect of an interest at will only. (sec.9-ssec.2) Subsection (1) applies despite any consideration given for the interest.
This division does not affect— the creation of a short lease; or the application of the law relating to part performance; or the creation or operation of a resulting, implied or constructive trust; or the making or operation of a will; or the disposition of land by operation of law; or the disposition of land by order of any court. To remove any doubt, it is declared that a short lease created by parol takes effect when the lessee has an immediate entitlement to possession. (sec.10-ssec.1) This division does not affect— the creation of a short lease; or the application of the law relating to part performance; or the creation or operation of a resulting, implied or constructive trust; or the making or operation of a will; or the disposition of land by operation of law; or the disposition of land by order of any court. (sec.10-ssec.2) To remove any doubt, it is declared that a short lease created by parol takes effect when the lessee has an immediate entitlement to possession.
A person may transfer or lease property to the person’s self, or to the person’s self and others.
An estate does not merge by operation of law with another estate unless the person acquiring both estates intends the estates to merge.
The following estates of freehold are capable of being created and subsisting in land— an estate in fee simple; a life estate.
The following estates can not be created— an estate tail; a quasi-entail. In a document, words that, apart from this section, would have created an estate tail are taken to create an estate in fee simple. The rule known as the rule in Shelley’s Case is abolished. (sec.14-ssec.1) The following estates can not be created— an estate tail; a quasi-entail. (sec.14-ssec.2) In a document, words that, apart from this section, would have created an estate tail are taken to create an estate in fee simple. (sec.14-ssec.3) The rule known as the rule in Shelley’s Case is abolished.
A tenure created by the State on granting an estate in fee simple is in free and common socage without any incident of tenure for the benefit of the State.
If quit rent issues to the State out of land, or the residue of quit rent issues to the State out of land in relation to which quit rent has been apportioned or redeemed, the land is released from quit rent.
If a corporation is dissolved or otherwise ceases to exist, subject to the Corporations Act , the State is entitled to take as bona vacantia any of the corporation’s property that would have been liable to escheat if escheat had not been abolished.
This section applies if a person believes the State may have a right to property by escheat, devolution or bona vacantia on the death intestate of a person. The person may apply to the Minister to waive the State’s rights. The Minister may waive the State’s rights on terms the Minister considers appropriate. The Minister must publish in the gazette the details of a waiver under this section. The Minister may delegate the Minister’s functions or powers under this section to an appropriately qualified public service employee. In this section— right includes a supposed right. (sec.18-ssec.1) This section applies if a person believes the State may have a right to property by escheat, devolution or bona vacantia on the death intestate of a person. (sec.18-ssec.2) The person may apply to the Minister to waive the State’s rights. (sec.18-ssec.3) The Minister may waive the State’s rights on terms the Minister considers appropriate. (sec.18-ssec.4) The Minister must publish in the gazette the details of a waiver under this section. (sec.18-ssec.5) The Minister may delegate the Minister’s functions or powers under this section to an appropriately qualified public service employee. (sec.18-ssec.6) In this section— right includes a supposed right.
A life tenant who commits voluntary or equitable waste in relation to land, other than under subsection (3) or (4) , is liable in damages to the person entitled, immediately after the life estate ends, to the fee simple interest in remainder in the land (the remainder person ). If the interest of the life tenant is an equitable interest, the trustee for the remainder person may bring a proceeding for the damages on behalf of the remainder person. A life tenant may commit voluntary waste in relation to land if an express or implied term in the document creating the life estate permits the waste. A life tenant may commit equitable waste in relation to land if an express term in the document creating the life estate permits the waste. (sec.19-ssec.1) A life tenant who commits voluntary or equitable waste in relation to land, other than under subsection (3) or (4) , is liable in damages to the person entitled, immediately after the life estate ends, to the fee simple interest in remainder in the land (the remainder person ). (sec.19-ssec.2) If the interest of the life tenant is an equitable interest, the trustee for the remainder person may bring a proceeding for the damages on behalf of the remainder person. (sec.19-ssec.3) A life tenant may commit voluntary waste in relation to land if an express or implied term in the document creating the life estate permits the waste. (sec.19-ssec.4) A life tenant may commit equitable waste in relation to land if an express term in the document creating the life estate permits the waste.
This section applies if— a life estate ends; and a person (the remainder person ) is entitled, immediately after the life estate ends, to an interest in the property; and a person, other than the remainder person (the third person ), continues in possession of, or receives rent or profits in relation to, the remainder person’s interest in the property. The remainder person may apply to the court for any or all of the following in relation to the interest in the property— possession; damages; an account of rent or profits. If the life tenant or third person has been absent for at least 7 years, the court may presume the life tenant or third person has died. The presumption mentioned in subsection (3) is rebuttable. The court may hear and decide the application and make the orders it considers appropriate. If, after the court has decided the application, a life tenant or third person presumed dead by the court is proved to be alive— a person with an interest in the property may apply to the court for any or all of the following in relation to the property— possession; damages; an account of rent or profits; and the court may hear and decide the application and make the orders it considers appropriate. (sec.20-ssec.1) This section applies if— a life estate ends; and a person (the remainder person ) is entitled, immediately after the life estate ends, to an interest in the property; and a person, other than the remainder person (the third person ), continues in possession of, or receives rent or profits in relation to, the remainder person’s interest in the property. (sec.20-ssec.2) The remainder person may apply to the court for any or all of the following in relation to the interest in the property— possession; damages; an account of rent or profits. (sec.20-ssec.3) If the life tenant or third person has been absent for at least 7 years, the court may presume the life tenant or third person has died. (sec.20-ssec.4) The presumption mentioned in subsection (3) is rebuttable. (sec.20-ssec.5) The court may hear and decide the application and make the orders it considers appropriate. (sec.20-ssec.6) If, after the court has decided the application, a life tenant or third person presumed dead by the court is proved to be alive— a person with an interest in the property may apply to the court for any or all of the following in relation to the property— possession; damages; an account of rent or profits; and the court may hear and decide the application and make the orders it considers appropriate.
This is an opening excerpt, not the complete document.