The A to Z of Conveyancing in Australia: Your Guide to Property Transactions

Vivian Nguyen • April 20, 2025
A person is holding a pair of keys in front of a set of stairs.

Buying or selling property in Australia is a significant undertaking, and navigating the legal intricacies can feel daunting. That's where conveyancing comes in. It's the essential process that ensures a smooth and legally sound transfer of property ownership. Let's break down the A to Z of conveyancing in Australia, providing a comprehensive overview of what you need to know.


A - Auction
: A common method of selling property in Australia, especially competitive markets like Sydney. Be aware that there are no cooling off periods when a property is purchased at auction. 


B - Building and Pest Inspections:
It's crucial for purchasers to conduct these inspections to identify any potential structural or pest-related issues before committing to the purchase.


C - Contracts for Sale of Land:
This is the cornerstone of the transaction. It outlines the terms and conditions agreed upon by the vendor and purchaser, including the purchase price, settlement date, and any special conditions. This should be reviewed by a solicitor to ensure you understand your rights. 

 

D - Deposit: The purchaser typically pays a deposit upon signing the contract, which is held in trust until settlement.


E - Encumbrances:
These are restrictions or claims on the property, such as mortgages, easements, or caveats. Your solicitor should review the Contract and/or conduct searches to identify any encumbrances and advise you of same. 


F - Finance:
Securing finance is a critical step for purchasers. This should be obtained prior to signing the Contract or at the minimum before a cooling off period (if applicable) expires. Your solicitor should liaise with your broker/bank after exchange to ensure a smooth process. 


G - Government Searches:
These searches are conducted to reveal information about the property, such as zoning regulations, land tax, outstanding rates and any potential acquisitions. 


H - Hidden costs:
Buying a property involves more than just the purchase price. Some hidden costs could include stamp duty (transfer duty) and how it's calculated in different states, legal and conveyancing fees, building and pest inspection costs, mortgage application fees, insurance costs (building, contents) or council rates and water rates adjustments.


I - Insurance:
The risk of the property passes on to the purchaser after settlement. Purchasers should arrange building insurance from the date of settlement. Vendors need to maintain insurance until settlement.


J - Joint Tenants vs Tenants in Common:
Understanding the different types of property ownership is essential. Joint tenants have equal rights, hold the property together (generally married and/or defacto couples) and when one passes away, the property becomes the other joint tenant regardless of a will or any other right. While tenants in common can have varying shares in the property, and the portion of the property can be passed through a will or can become part of an Estate when the vendor passes away. 


K - Key Dates:
The contract for sale of land outlines crucial dates such as the date of signing the contract, the cooling-off period (and its exceptions), the due diligence period (if applicable), the settlement date and what happens on this day (electronically via PEXA) and any other specific dates outlined in special conditions of the contract.


L - Land Titles Office:
This is where property ownership is registered and recorded. Noted there are varying names for each state. 


M - Mortgage:
If you still owe money on the property you are selling, your solicitor will need to get in contact with your bank to discharge the mortgage on settlement. If you're borrowing money to buy property, you'll need a mortgage. Your solicitor will handle the mortgage documents.


N - Negotiation:
You should negotiate your Contract for Sale of Land before signing or exchange or at least before the cooling off period expires. This provides a purchaser with the best bargaining power. After exchange the bargaining power reduces. 


O - Owners Corporation:
For properties within a strata scheme (like apartments or townhouses), the Owners Corporation (also known as the Body Corporate in some states) is crucial. 


P - PEXA:
Stands for Property Exchange Australia, is an online property settlement platform which provides an efficient digital environment for lawyers, conveyancers, and financial institutions to collaborate and complete property transactions online.


Q - Queries:
Don't hesitate to ask your solicitor any questions you have throughout the process.


R - Real Estate Agent:
Whether this is your sales agent or buyers agent, you need to ensure that you choose the right person to sell your property or find a property for you. They fight for you, make the transaction smoother and get the best deal for you. 


S - Settlement:
This is the final stage of the transaction, where ownership is transferred, and funds are exchanged.


T - Title Search:
This search verifies the legal ownership of the property and identifies any encumbrances.


U - Unconditional offer:
An offer that is not subject to any conditions. 


V - Verification of Identity (VOI):
This is a legal requirement to confirm the identity of the parties involved in the transaction.


W - Walk through (final) inspection:
Whether you are building a home or buying an existing house you should always do a final inspection before settlement to ensure you are receiving what you are purchasing. Depending on the issues, settlement can be delayed or monies held in trust post settlement to deal with any problems. 


X - eXchange of Contracts:
The moment that the signed contracts are exchanged and the deal becomes legally binding.


Y - Yield (Strata):
In strata properties, understanding the yield (returns) is crucial for investors.


Z - Zoning:
This refers to the regulations that govern how the land can be used. Your solicitor will check the zoning to ensure it aligns with your plans.


Why Use a Solicitor?

Conveyancing is a complex process that requires legal expertise. A solicitor can:


  • Ensure all legal requirements are met.
  • Conduct thorough searches and investigations.
  • Prepare and review contracts.
  • Liaise with lenders and other parties.
  • Protect your interests throughout the transaction.
  • Deal with any issues that arise during the process and provide you legal advice in relation to same. 


By understanding the A to Z of conveyancing, you can approach your property transaction with confidence and ensure a smooth and successful outcome.

By Peter Morris June 14, 2025
Harness racing, a thrilling spectacle of speed and strategy, isn't just about horses and sulkies flying around a track. Behind the scenes, a robust system of licensing and registration ensures fairness, safety, and the integrity of the sport. Just like any professional athletic endeavor, harness racing has its own set of rules and regulations, particularly when it comes to who can participate. Let's pull back the curtain and explore the crucial aspects of licensing and registration in harness racing: Horses: The Stars of the Show Registration: Every harness racing horse must be registered with the relevant governing body. This process involves detailed documentation, including pedigree information, markings, and ownership details. This helps maintain accurate records, prevent fraud, and ensure the horse's eligibility to race. Identification: Horses are typically microchipped or branded for easy identification. This is crucial for verifying their identity, especially during pre-race checks and post-race analyses. Health and Welfare: Strict regulations are in place concerning the health and welfare of racing horses. Veterinary inspections, drug testing, and restrictions on medications are common practices to ensure the horses are fit and treated humanely. Trainers: The Masterminds Behind the Scenes Licensing: Trainers must obtain a license to train and prepare horses for racing. This usually involves passing examinations that demonstrate knowledge of horse care, training techniques, and racing rules. Responsibilities: Licensed trainers are responsible for the health, well-being, and performance of their horses. They must adhere to strict ethical guidelines and ensure their horses are racing fairly. Record Keeping: Trainers are required to maintain detailed records of their horses' training, treatments, and race performances. This documentation helps track the horses' progress and ensures transparency. Drivers: The Skilled Pilots of the Sulky Licensing: Drivers, who guide the horses during races, must also obtain a license. The licensing process typically involves demonstrating driving skills, knowledge of racing rules, and physical fitness. Experience and Skill: Licenses are often tiered based on experience and skill level. This ensures that drivers are qualified to handle the speed and pressure of harness racing. Conduct and Safety: Drivers are expected to adhere to strict rules of conduct during races, prioritizing the safety of themselves, other drivers, and the horses. Owners: The Passionate Supporters Registration: While not always requiring a formal "license," owners must register their ownership of racing horses with the governing body. This ensures transparency and helps track ownership changes. Financial Responsibilities: Owners are responsible for the financial upkeep of their horses, including training, veterinary care, and racing expenses. Compliance: Owners are expected to comply with all racing rules and regulations, including those related to horse welfare and ethical conduct. Why is Licensing and Registration So Important?  Fairness: A well-regulated licensing and registration system ensures a level playing field for all participants. Safety: Strict rules concerning horse health, driver conduct, and equipment contribute to a safer racing environment. Integrity: Regulations help prevent fraud, doping, and other unethical practices that could compromise the integrity of the sport. Animal Welfare: Strict guidelines regarding horse care and treatment prioritize the well-being of the animals. Public Trust: A robust regulatory system builds public trust in the sport, ensuring that harness racing is conducted ethically and professionally. In conclusion, the licensing and registration processes in harness racing are essential for maintaining the sport's integrity, ensuring fairness, and prioritising the safety and welfare of all involved. From the majestic horses to the skilled drivers, every participant is subject to a system of rules and regulations that uphold the highest standards. So, the next time you watch a harness race, remember the intricate system that operates behind the scenes, ensuring a thrilling and ethical spectacle.
By Vivian Nguyen June 14, 2025
In the bustling world of business, contracts form the foundation of countless transactions, from simple supply agreements to multi-million dollar projects. They are the legally binding promises that provide certainty and a framework for business relationships. But what happens when one party fails to uphold their end of the bargain? Disputes arising from the non-performance or inadequate performance of contractual obligations are one of the most common areas of litigation. These breaches can disrupt operations, cause significant financial loss, and damage hard-earned reputations. This article explores the legal landscape of such disputes, outlining what constitutes a breach, the available remedies, and the avenues for resolution. Understanding Breach of Contract At its core, a breach of contract occurs when a party fails to fulfil their obligations as stipulated in the agreement without a lawful excuse. These breaches can manifest in several ways: Non-performance: This is the most straightforward type of breach, where a party completely fails to perform their contractual duties. For example, a supplier fails to deliver goods, or a contractor abandons a project. Inadequate performance: This occurs when a party performs their obligations, but not to the standard required by the contract. This could involve the delivery of defective goods, the provision of substandard services, or the failure to meet specified timelines. Anticipatory breach: This happens when one party indicates, either through their words or actions, that they will not be performing their contractual obligations before the performance is due. To successfully bring a claim for breach of contract, the innocent party must generally prove four key elements: The existence of a valid contract: There must be a legally enforceable agreement between the parties. The plaintiff's performance: The party bringing the claim must have fulfilled their own contractual obligations or have a valid reason for not doing so. The defendant's breach: The other party must have failed to perform their obligations under the contract. Resulting damage: The breach must have caused the innocent party to suffer a loss. Remedies for a Broken Promise When a breach of contract is established, the law offers several remedies to the innocent party. The primary goal of these remedies is to place the wronged party in the position they would have been in had the contract been performed as agreed. The most common remedy is damages , which is a monetary award to compensate for the loss suffered. This can include direct losses, such as the cost of sourcing alternative goods or services, and consequential losses that flow from the breach. In some circumstances, a monetary award may not be sufficient. In such cases, the Court may grant specific performance , which is an order compelling the breaching party to perform their contractual obligations. This remedy is more common in contracts involving unique subject matter, such as land or a rare piece of art. Another equitable remedy is an injunction , which is a Court order restraining a party from doing a particular act. For example, an injunction may be sought to prevent a party from further breaching the contract. The Human and Financial Cost: Lessons from the Courts Recent case law provides powerful illustrations of the real-world consequences of contractual breaches. In the significant High Court case of Elisha v Vision Australia Ltd [2024] HCA 50, an employee was awarded over $1.5 million in damages for psychiatric injury caused by their employer's breach of the employment contract during a disciplinary process. This landmark decision highlights that the duty to act in accordance with contractual terms, including incorporated policies, is a serious one, and a breach can have severe financial and personal repercussions. Another noteworthy case is Cessnock City Council v 123 259 932 Pty Ltd [2024] HCA 17. In this matter, the High Court clarified the principles of reliance damages, awarding a company significant compensation for wasted expenditure incurred in reliance on the council's promise to grant a lease. This case serves as a stark reminder of the financial risks associated with failing to honour contractual commitments. Beyond the Courtroom: The Path of Alternative Dispute Resolution Litigation can be a costly, time-consuming, and an adversarial process. Fortunately, it is not the only option for resolving contractual disputes. Alternative Dispute Resolution (ADR) methods offer a more collaborative and often more efficient way to reach a resolution. Negotiation: The parties attempt to resolve the dispute themselves through direct communication. Mediation: A neutral third party, the mediator, facilitates discussions between the parties to help them reach a mutually acceptable agreement. The mediator does not impose a decision but rather guides the parties towards their own resolution. Arbitration: A more formal ADR process where the parties present their case to an independent arbitrator who makes a binding decision. Many modern contracts now include a dispute resolution clause that mandates the parties attempt ADR before commencing legal proceedings. This proactive approach can save both parties significant time and money and help to preserve their business relationship. Protecting Your Interests Disputes arising from non-performance or inadequate performance of contractual obligations are a serious matter with the potential for significant disruption and financial loss. To protect your interests, it is crucial to: Ensure your contracts are clear, comprehensive, and unambiguous. Understand your rights and obligations under the contract. Act promptly if you believe a breach has occurred. Seek legal advice to understand your options and the best course of action. By understanding the legal framework and the available avenues for resolution, businesses and individuals can navigate these challenging situations with greater confidence and work towards a fair and timely outcome.
By Maria Valenzuela June 14, 2025
As family lawyers, we’ve witnessed the devastating financial consequences of deception and fraud in relationships, amplified by the anonymity and ease of online dating. Protecting yourself from financial fraud during a divorce, especially after meeting a partner online, requires vigilance and a proactive approach. Firstly, full financial disclosure is paramount . Both parties must be transparent about their assets, liabilities, income, and expenses. If you suspect your partner is hiding assets, engage a forensic accountant to investigate. Be wary of unusual financial activity, like large withdrawals or transfers to unknown accounts. Secondly, document everything . Keep records of financial transactions, communications, and any suspicious behavior. This evidence can be crucial in court if you need to prove financial misconduct. Thirdly, seek legal advice early . A lawyer can guide you through the legal process, protect your rights, and advise on strategies to uncover hidden assets and secure a fair financial settlement.  Remember, trust but verify . Don't let emotions cloud your judgment when it comes to finances. Be cautious about sharing personal or financial information too soon, and be wary of requests for money or investments. By taking these precautions and seeking professional guidance, you can protect yourself from financial fraud and achieve a just and equitable outcome in your divorce.
By Vivian Nguyen June 14, 2025
Forget dusty legal tomes – the recent decision of Angius v Angius [2025] NSWCA 113 from the New South Wales Court of Appeal is a real-life family drama with a multi-million dollar twist! This isn't just another dry legal ruling; it's a powerful reminder that sometimes, even the most carefully crafted will can be challenged, especially when a grandchild's future hangs in the balance. Imagine this: a vast estate, almost $30 million, left entirely to one daughter. Sounds straightforward, right? Not so fast. Enter Natalie Angius, the granddaughter, who dared to ask a crucial question: "What about me?" And in a move that's shaking up succession law, the courts said, "She has a point!" The Angius Saga: A Battle for Inheritance At the heart of this captivating case was the considerable fortune of Giovanni (John) Angius. His final will was clear: every cent to his daughter, Jenny. No mention of Natalie. But Natalie, facing the challenges of multiple sclerosis, wasn't content to be overlooked. She launched a family provision claim, arguing that despite the will, her grandfather had a moral duty to provide for her. The initial judge agreed, awarding Natalie a staggering $2.55 million. Jenny, understandably, appealed. But the NSW Court of Appeal, in a decision that resonated with fairness and compassion, upheld the original ruling. Unpacking the Court's Decision: Beyond the Black and White So, what made Natalie's claim so compelling? It wasn't just about being a grandchild. The Court's reasoning delved into the nuanced realities of their relationship and Natalie's life: The Unseen Threads of Dependency: This wasn't a case of basic needs. The Court recognised that John's financial support to Natalie, particularly after her MS diagnosis, was significant and went beyond mere gestures of affection. It gradually evolved to replace her income, effectively making her partially dependent on him. This expanded interpretation of "dependency" is a game-changer, showing that support needn't be for "survival" to count. More Than Just Money: "Factors Warranting" Intervention: It wasn't solely about the financial lifeline. The Court looked at the entire picture: the deep bond between grandfather and granddaughter, Natalie's vulnerability due to her chronic illness, and even John's earlier intentions, which had indicated he did intend to provide for her. This demonstrates that a court can override a testator's final will if there's a strong moral obligation to provide for a claimant. The Weight of an "Extremely Large" Estate: Let's be frank, $2.55 million is a substantial sum. But in the context of an almost $30 million estate, the Court deemed it entirely appropriate. This signals that in cases of immense wealth, courts are more likely to ensure that those with a genuine claim and demonstrable need are adequately provided for. What Does This Mean for Your Family and Your Will? Angius v Angius isn't just a legal precedent; it's a cautionary tale and a powerful lesson for anyone planning their estate or facing a similar family dilemma: Grandchildren Are No Longer "Outsiders": If you thought your will was ironclad against claims from grandchildren, think again. This case proves that with sufficient evidence of dependency and compelling circumstances, they can successfully challenge a will. Dependency Isn't Just About Rent and Groceries: The definition of "dependency" has broadened. If you're providing significant financial support, even for what might seem like "extras" or during difficult times, it could be seen as creating a moral obligation. Your "Final Word" Might Not Be the Final Word: While a will reflects your wishes, the courts retain the power to adjust those wishes if they believe there's a moral duty to provide for someone who has been overlooked, especially in very large estates. The Power of Proactive Planning: This case shouts out the importance of comprehensive estate planning. Don't just tick boxes. Have candid conversations with your loved ones, consider all potential claimants, and document your decisions clearly, especially if you're intentionally excluding someone who might have a perceived claim. A well-reasoned explanation in your will can make all the difference. Angius v Angius [2025] NSWCA 113 is more than a legal case; it's a human story about family, illness, and the enduring quest for fairness. It serves as a stark reminder that in the eyes of the law, sometimes, the bonds of family can transcend the written word, even in the most significant of estates.
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