What Is Vendor Finance? Why Queensland’s 2023 Law Changes Everything

Vendor finance is an alternative way to buy or sell property or businesses in Queensland when traditional bank lending is unavailable. Instead of receiving the full purchase price at settlement, the seller allows the buyer to pay over time under agreed terms. While this can create opportunities, vendor finance in Queensland carries unique legal risks that make proper advice essential.

What Is Vendor Finance in Queensland?

Vendor finance is a private arrangement where the seller provides credit to the buyer. It is commonly used in residential property, commercial property, and business sales. In Queensland, vendor finance is treated differently from other states due to strict property and credit laws.

Why Queensland Law Treats Vendor Finance Differently

Under the Property Law Act 1974 (Qld), if a buyer pays more than a 10% deposit before receiving title, the agreement may automatically become an instalment contract. This shifts legal power toward the buyer and restricts the seller’s rights, including limits on mortgaging the property and stricter termination rules.

Recent reforms under the Property Law Act 2023 also introduced stronger disclosure obligations, particularly for lease-option and rent-to-buy arrangements. Failing to comply can allow buyers to terminate agreements or seek compensation.

Vendor Finance for Business Sales

When vendor finance is used in business transactions, sellers must protect themselves by registering security interests on the Personal Property Securities Register (PPSR). Without proper registration, sellers risk becoming unsecured creditors if the buyer defaults.

Credit Law Risks for Sellers

Vendor finance involving residential property may trigger the National Credit Code if the seller is considered to be providing credit as a business. Non-compliance can result in penalties, loss of interest, or unenforceable agreements.

Why Legal Advice Is Critical

Vendor finance is not a “DIY” solution in Queensland. Small drafting errors can result in loss of control, delayed enforcement, or unintended tax and credit consequences. Legal advice ensures agreements are structured correctly, risks are managed, and both parties understand their obligations.

Mark Game and the legal team at Aylward Game Solicitors provide strategic, risk-aware advice on vendor finance arrangements across Queensland, helping clients avoid costly mistakes.

Frequently Asked Questions (FAQs)

1. What is vendor finance?

Vendor finance is when the seller lends money to the buyer, allowing payment over time instead of full settlement up front.

2. Is vendor finance legal in Queensland?

Yes, but it is tightly regulated under property, credit, and disclosure laws.

3. What is an instalment contract?

An instalment contract arises when buyers pay more than 10% before receiving title, triggering strict legal protections.

4. Can vendor finance affect stamp duty?

Yes. Duty may apply even before title transfers, depending on the structure.

5. Is vendor finance risky for sellers?

Yes, without proper legal drafting and security protections.

6. Does vendor finance apply to business sales?

Yes. PPSR registration is critical for seller protection.

7. Can buyers lose money under vendor finance?

Yes, especially if agreements are poorly structured.

8. Do both parties need legal advice?

Yes. Vendor finance creates competing interests.

Contact Aylward Game Solicitors:

 Phone: 1800 217 217
Email: mail@aylwardgame.com.au
Website: https://www.aylwardgame.com.au

 

Article Source: What Is Vendor Finance? Why QLD’s New 2023 Property Law

Conveyancing Process in Queensland: What Buyers and Sellers Need to Know

The conveyancing process in Queensland is the legal pathway that ensures property ownership is transferred lawfully and securely. Whether you are buying your first home, selling an investment property, or transferring ownership, understanding each stage of conveyancing helps avoid delays, financial loss, and legal disputes.

Queensland property transactions are governed by strict legislation and timelines. Without proper legal guidance, even minor oversights can result in settlement delays or contract termination. This guide explains the conveyancing process clearly for both buyers and sellers.

What Is the Conveyancing Process in Queensland?

The conveyancing process involves the legal and administrative steps required to transfer property ownership. In Queensland, it is regulated by laws such as the Property Law Act 1974 (Qld) and the Land Title Act 1994 (Qld).

Conveyancing starts before a contract is signed and ends when the buyer is registered as the legal owner with the Queensland Titles Registry.

Contract Preparation and Legal Review

The process usually begins with the preparation of the Contract of Sale, commonly an REIQ contract. These contracts contain standard terms that can significantly affect legal rights.

Legal review at this stage helps ensure:

• Accurate property and title details

• Fair special conditions

• Clear settlement timelines

Early advice can prevent costly contract disputes later.

Buyer Due Diligence Before Signing

Due diligence is a critical part of the conveyancing process in Queensland. Buyers should complete all checks before signing, including:

• Title and plan searches

• Council zoning and flood checks

• Building and pest inspections

• Finance approval

Queensland contracts offer limited termination rights, making early checks essential.

Cooling-Off Period and Contract Conditions

Most residential purchases include a five-business-day cooling-off period. Contracts may also be subject to finance or inspections, each with strict notice deadlines.

Missing a deadline can result in loss of deposit or legal exposure.

Settlement and Title Transfer

Settlement is the final stage, often completed electronically via PEXA. Funds are transferred, documents lodged, and ownership legally changes. Post-settlement registration confirms the buyer’s title and finalises the transaction.

Why Professional Conveyancing Matters

The conveyancing process involves legal deadlines, financial coordination, and compliance requirements. Professional support reduces risk, protects rights, and ensures the transaction proceeds smoothly.

Josie Stokes, Conveyancer at Aylward Game Solicitors, provides practical, clear guidance for buyers and sellers across Brisbane and the Gold Coast.

Frequently Asked Questions (FAQs)

1. What is the conveyancing process in Queensland?

It is the legal process of transferring property ownership under Queensland law.

2. How long does conveyancing take?

Typically 30–60 days, depending on contract terms and finance approval.

3. Is a cooling-off period available?

Yes, most residential purchases have a five-day cooling-off period.

4. Can I do conveyancing myself?

Self-conveyancing is allowed but carries significant legal risk.

5. When should I engage a conveyancer?

Before signing a contract for maximum protection.

6. Is stamp duty payable before settlement?

Transfer duty is usually paid before title registration.

7. Is PEXA mandatory in Queensland?

Electronic settlement is now standard for most transactions.

8. Does conveyancing differ between states?

Yes, Queensland rules differ from NSW and Victoria.

Speak With a Queensland Conveyancing Professional

Phone: 1800 217 217
Email: mail@aylwardgame.com.au
Website: aylwardgame.com.au

Article Source: Conveyancing Process in Queensland

Sexual Harassment in Queensland: Legal Rights, Protection & Support

Sexual harassment in Queensland is a serious legal issue that can affect people in workplaces, family environments, and online spaces. Beyond emotional harm, it can impact employment, safety, family law matters, and long-term well-being. Understanding your legal rights is the first step toward protection and resolution.

Under Australian law, sexual harassment includes unwelcome sexual conduct that a reasonable person would find offensive, humiliating, or intimidating. Importantly, the behaviour does not need to be repeated, and intent is irrelevant—the impact on the person matters most.

Legal Protections in Queensland

Sexual harassment in Queensland is governed by both federal and state legislation, including the Sex Discrimination Act 1984 (Cth), Fair Work Act 2009 (Cth), and Anti-Discrimination Act 1991 (Qld). These laws provide protection across employment, service provision, family contexts, and digital communication.

In the workplace, employees, contractors, volunteers, and job applicants have the right to a safe environment and to make complaints without fear of retaliation. Employers now have a positive duty to actively prevent sexual harassment through policies, training, and prompt responses.

Sexual Harassment Beyond the Workplace

Sexual harassment can also arise in family and post-separation situations. In some cases, it may be considered family violence under the Family Law Act 1975, potentially affecting parenting arrangements and protective orders. Legal advice is essential where harassment intersects with family law or employment disputes.

Reporting and Resolving Sexual Harassment

Depending on the circumstances, complaints may be made to an employer, the Queensland Human Rights Commission, the Australian Human Rights Commission, or the Fair Work Commission. Many matters are resolved through mediation or conciliation, avoiding court proceedings while achieving meaningful outcomes.

Why Legal Advice Matters

Sexual harassment claims involve strict time limits, evidence requirements, and strategic decisions. Early legal guidance helps protect rights, preserve evidence, and reduce stress. Ian Field, Accredited Specialist Family Lawyer, and the team at Aylward Game Solicitors provide compassionate, practical advice across employment law, family law, and dispute resolution for clients in Brisbane, Gold Coast, and Sunshine Coast.

FAQs (Frequently Asked Questions)

1. What is sexual harassment under Queensland law?

Unwelcome sexual behaviour that offends, humiliates, or intimidates a person, even if it occurs once.

2. Is sexual harassment illegal at work?

Yes. Employees are protected, and employers must take proactive steps to prevent it.

3. Can I complain without evidence?

Yes. Supporting details, messages, or witness accounts can strengthen your case.

4. Are there time limits to complain?

Yes. Timeframes vary depending on the authority. Early advice is critical.

5. Can sexual harassment affect family law cases?

Yes, especially if it forms part of family violence.

6. What remedies are available?

Compensation, apologies, policy changes, and injunctions may apply.

7. Is sexual harassment a criminal offence?

Some conduct may be criminal; others are handled under civil law.

8. Can matters be resolved without a court?

Yes. Mediation and conciliation are common and effective.

Contact Aylward Game Solicitors

Phone: 07 3236 0001
Email: mail@aylwardgame.com.au
Website: aylwardgame.com.au

Article Source: Sexual harassment in QLD & Get Help

What Are Shareholder Responsibilities? A Complete Legal Guide for Smart Investors in QLD

Becoming a shareholder is more than owning shares. Under Queensland and Australian corporate law, shareholders play a vital role in governance, accountability, and long-term business success. Understanding your legal responsibilities protects your investment and reduces dispute risks.

What does a shareholder actually do in a Queensland company?

Shareholders influence major company decisions rather than daily operations. While directors manage the business, shareholders provide oversight by voting, attending meetings, and ensuring directors act lawfully and ethically. This balance supports transparency and responsible governance.

What legal responsibilities apply under the Corporations Act 2001 (Cth)?

The Corporations Act 2001 (Cth) sets out clear obligations. Shareholders must exercise voting rights honestly (ss. 250E–250F), disclose substantial shareholdings above 5% to ASIC (s. 671B), and pay any unpaid share capital when legally required (s. 254P). They must also comply with general meeting rules under Part 2G.2.

How does the company constitution affect shareholders?

Under s. 140(1), shareholders are legally bound by the company constitution. This document governs share transfers, dividend rules, meeting procedures, and dispute resolution processes. Breaching constitutional obligations can result in internal penalties or legal consequences.

Why is a shareholders’ agreement important?

A shareholders’ agreement clearly defines funding obligations, decision-making rights, confidentiality duties, and exit mechanisms. It helps prevent disputes and protects both majority and minority shareholders. Well-drafted agreements are a key risk-management tool for Queensland businesses.

Are shareholders financially or personally liable?

Generally, shareholders benefit from limited liability. However, risks increase if personal guarantees are provided, if shareholders act as shadow or de facto directors, or where misconduct or fraud occurs. Understanding these boundaries is essential before making financial commitments.

What governance and ethical responsibilities do shareholders have?

Shareholders should promote ethical conduct, ensure compliance with directors’ duties under ss. 180–184, and support sustainable business practices. Strong shareholder oversight improves company culture and long-term value.

Can shareholders take action against directors?

Yes. Shareholders can remove directors (s. 203D), requisition meetings (s. 249D), or commence derivative actions under Part 2F.1A if directors breach their duties.

How are minority shareholders protected?

Under s. 232, minority shareholders can seek court relief for oppressive or unfair conduct. Remedies may include compensation, buy-outs, or governance changes.

When should shareholders seek legal advice?

Legal guidance is crucial when entering shareholder agreements, resolving disputes, dealing with director misconduct, or buying or selling shares. Mark Game, Accredited Specialist Lawyer, and the commercial law team at Aylward Game Solicitors assist clients across Brisbane, Gold Coast, and Sunshine Coast.

Why Choose Aylward Game Solicitors

With decades of experience, Aylward Game Solicitors—led by Founder Mark Game, an expert in Litigation, Property & Commercial Law, and Banking & Finance—provides precise contract reviews, title checks, conveyancing and comprehensive support across Queensland property law matters, ensuring clarity, compliance, and confident outcomes.

Aylward Game Solicitors assist clients across Brisbane, Gold Coast, and Sunshine Coast.

FAQs (Frequently Asked Questions)

What are the main responsibilities of a shareholder?

Shareholders must comply with the Corporations Act, follow the company constitution, vote responsibly, avoid conflicts of interest, and support proper governance to protect the company’s interests.

Are shareholders liable for company debts?

Usually, no, due to limited liability. Liability may arise if guarantees are signed, misconduct occurs, or shareholders act as directors.

Can shareholders remove directors in Queensland?

Yes. Directors can be removed by ordinary resolution under s. 203D, provided correct procedures are followed.

Do shareholders need a shareholders’ agreement?

While not mandatory, it is strongly recommended to clarify rights, responsibilities, and dispute-resolution processes.

What is shareholder oppression?

Oppression occurs when conduct unfairly prejudices a shareholder, such as exclusion from decisions or unfair dilution of shares.

Need authoritative advice on shareholder responsibilities in Queensland?

Contact Aylward Game Solicitors

Call: 1800 217 217

Email: mail@aylwardgame.com.au

Visit: aylwardgame.com.au

Article Source: Shareholder Responsibilities in Queensland