Name: Spranklin McCartney Lawyers
Address: Suite 21, 25 Samuel Street, Camp Hill, Queensland, 4152
Telephone: 07 3397 9622

Conveyancing and Christmas Holidays

With the 2025 Christmas holidays fast approaching, buyers and sellers of property in Queensland should be aware of the impacts this period has on their transactions.

Under the commonly used REIQ Contract for the Sale and Purchase of Residential and Commercial Real Estate (First Editions) (Contract), key dates such as the finance condition, building and pest inspection condition, and settlement date must fall on a Business Day. The Contract defines Business Days as being days other than:

a Saturday or Sunday;
a public holiday or special holiday in the Place for Settlement (usually Brisbane); and
a day in the period 27 to 31 December (inclusive).

With this in mind, any day in the period from 25 December 2025 to 1 January 2026 (inclusive) will not be considered a Business Day, meaning any key dates that fall due over this period will automatically move to 2 January 2026. This is because there are public holidays on 25 December 2025 (Christmas Day), 26 December 2025 (Boxing Day), and 1 January 2026 (New Year’s Day), so this period will effectively put dates “on hold”.

For example, if a Contract stipulates that a finance condition falls due at 5:00pm on 26 December 2025, the due date for this condition will be extended to 5:00pm on 2 January 2026 due to the definition of Business Day and the requirement in the Contract that a date cannot fall on a day that is not a Business Day.

However, it is important to note that calculating the expiry of the statutory cooling-off provisions takes a different approach. If a Contract that is subject to the statutory cooling-off provisions is signed and acceptance communicated on 24 December 2025, the cooling-off period will expire at 5:00pm on 2 January 2025, being 5 Business Days later. The Contractual “break” between 27 December 2025 and 31 December 2025 does not apply to the cooling-off provisions because these rights are dealt with under separate legislation.

Given this, it is important that you engage an experienced law firm to assist with your conveyancing needs to ensure your rights and interests are protected.

Please note that our office will be closed from 5:00pm on 23 December 2025 and will reopen at 8:30am on 7 January 2026. Given our closure period extends beyond the “holiday” set out by the REIQ Contracts, our conveyancing team will contact our conveyancing clients leading up to the holidays to discuss their matters where necessary. We also encourage all buyers and sellers to speak to their solicitors to discuss closure periods, as each firm will have its own holiday break which may or may not align with the REIQ Contracts.

It is important for parties to understand and calculate key dates correctly to ensure their rights and interests are protected. If a key date is incorrectly calculated, a party may, for example, lose their right to terminate the Contract. This may result in serious financial and legal implications which can be easily avoided.

If you are looking at buying or selling a property in the lead up to Christmas (or any other major holiday period such as Easter), you can contact our conveyancing team by calling 07 3397 9622 or emailing conveyancing@smlawyers.com.au to discuss your matter. Our conveyancing team is equipped with the expertise and experience to assist with all matter types, including drafting seller disclosure statements and contracts of sale, to ensure you are adequately informed and protected.

Queensland Advance Care Planning Forms

Article by Spranklin McCartney Lawyers

Advance care planning is an important process that helps you make decisions about your future health care, ensuring your wishes are respected if you’re unable to communicate them later.

In Queensland, there are several forms available to record these choices, each serving a different purpose.

Advance Health Directive;
Enduring Power of Attorney; and
Statement of Choices.

The only form that isn’t legally binding is number 3 above, the Statement of Choices.

Advance Health Directive (AHD)

An AHD is a legally binding document that outlines your preferences for medical treatment and health care in specific situations. Notably, the AHD is only used when you cannot make decisions for yourself or tell people your wishes and directions.

To execute an AHD, you must complete certain sections of the form with your doctor, who then signs their respective section of the form.

It can include directions for treatment and appoint an attorney for health matters and can be revoked at any time while you have capacity, in writing.

Enduring Power of Attorney (EPOA)

An EPOA is a legal document that appoints someone you trust to make decisions on your behalf about personal and/or financial matters. You can specify when the power to make decisions for your financial and legal matters comes into effect for your attorney but not for health decisions as that power comes into effect once you have lost capacity to make the decisions yourself.

You can also specify what decisions they should make and under what conditions.

To revoke an EPOA, you must complete a revocation form and notify all of your appointed attorneys of the revocation.

Statement of Choices

A Statement of Choices is a non-binding document that records your values and preferences for health care. It acts as a guide for decision-makers but does not provide consent or refusal of treatment in serious medical situations.

Distinct from the legally binding documents listed at 1 and 2 above, the Statement of Choices consists of 2 parts, one which is for individuals with decision-making capacity and one which is for those without capacity, completed by a substitute decision-maker.

One thing to note is that the forms are State specific, so it is important to ensure you have the correct forms.

If you require assistance in completing a new Advance Health Care Directive or Enduring Power of Attorney, or need advice on an existing document, don’t hesitate to contact our friendly team.

Pitfalls of Intergenerational Property Ownership on Estate Planning

Article by Christopher Lee

Inter-generational property ownership, where families pool resources to purchase properties together, can be an exciting venture. Common scenarios include parents and children buying property together, either as an investment or to help a child purchase their first home. However, this type of ownership comes with unique considerations and potential pitfalls, particularly in relation to estate planning. Below is a structured guide to help understand these issues.

Key Considerations for Inter-generational Property Ownership

1. Ownership Structure

Whilst there are many considerations when buying a property with another person, none have a greater impact upon your Estate Planning than the ownership structure.

There are two methods by which individuals can hold property in Queensland.

Joint Tenancy:

The surviving party(ies) automatically inherit the deceased owner’s share of the property.
This occurs irrespective of the deceased’s Will.

Tenants in Common:

Allows for different shares of the property to be held.
Each owner’s share can be gifted under the terms of their Will.

Why is this important?

The choice between Joint Tenancy and Tenants in Common impacts how the property is dealt with upon the death of an owner.

The decision should align with the exit strategy of the parties involved as well as take into consideration the ultimate estate planning needs for each property owner.

Few other decisions made today will have such a significant impact decades into the future.

Failing to get this decision correct at the outset can lead to disastrous results many years in the future, including incurring further transfer duty and legal fees to correct as well as messy estate plans to enact.

2. Exit Strategy

When properties are purchased between spouses, they are usually on the same page when it comes to moving and selling.

This is not always the case for non-spousal property owners.

For this reason, it is always important that the future property owners have had open and robust discussions about when they may need to realise their equity or exit out of the property, as well as understand what triggers may cause this.

Questions to Consider:

- Should the deceased owner’s share automatically pass to the surviving owners?
- Should the deceased owner’s share pass into their estate and be distributed under their Will?

Implications of Passing Shares to the Estate:

- The Executor of the Estate may need to work with other property owners.
- Are there agreements in place for buy-outs or dispute resolution?
- Are there rules governing how property owners act in case of disagreements?

3. Potential Issues for Parents

Whilst many parents may wish to help out their children and have their name placed on the title to a property, or purchase a property with a child, the reality is, they must also consider what the likely impact this will have on their Estate Planning.

It is a fact of nature that many children will outlive their parents and accordingly, parents should consider how their share of the property may impact their child once their estate is administered.

After the Passing of Parents:

- Disputes may arise between Executors of Estates and other co-owners of the property.
- Other children who are beneficiaries under the Will may have conflicting interests.
- Extended timeframes and disagreements can delay decisions on how to deal with the property.
- The property may need to be forcibly sold, leaving the child in a tenuous position both financially and in terms of their housing.

Recommendations for Families Considering Inter-generational Property Ownership

Consult Legal Advisors:

- Discuss the impact of property ownership on estate planning.
- Understand the implications of Joint Tenancy versus Tenants in Common.

Prepare for Future Scenarios:

- Establish property ownership agreements to address buy-outs and dispute resolution.
- Create clear rules for handling disagreements among property owners.

Plan for Estate Distribution:

- Ensure the estate planning accounts for potential disputes and delays.
- Minimise unnecessary costs and complications for beneficiaries.

Conclusion

Before entering into a contract for the purchase of property, family members should carefully consider the impact on estate planning. By consulting legal advisors and preparing for potential issues, families can navigate the complexities of inter-generational property ownership and avoid unnecessary disputes, delays, and costs.

The blog published by Spranklin McCartney Lawyers is intended as general information only and is not legal advice on any subject matter. By viewing the blog posts, the reader understands there is no solicitor-client relationship between the reader and the blog publisher. The blog should not be used as a substitute for legal advice from a legal practitioner, and readers are urged to consult Spranklin McCartney Lawyers on any legal queries concerning a specific situation.

New ATO Processes for Deceased Estates

Article by Claire Wilson

*Disclaimer: This blog is NOT financial or accountancy advice.

Managing taxation affairs for a deceased Estate in Australia involves several key responsibilities that fall primarily to the Legal Personal Representative (LPR), typically the Executor named in the Will, or an Administrator appointed by the Court.

The process begins with notifying the Australian Taxation Office (ATO) of the death and establishing authority to act on behalf of the Estate, which requires documentation such as a certified copy of the Death Certificate and Will, or a Grant of Probate or Letters of Administration.

The LPR must then attend to lodging a final individual tax return for the deceased, covering the period from the start of the financial year to the date of death, as well as ensure any outstanding tax liabilities are paid.

Where an Estate continues to generate income (such as from investments, rental properties, or shares) it is treated as a separate taxpaying entity and may be required to lodge trust tax returns annually until the Estate’s administration is complete.

New Requirements for Notifying the ATO of a Deceased Person

The ATO has updated its processes for officially notifying them of a person’s death and identifying who will manage the deceased Estate. These changes aim to streamline identity verification and ensure proper handling of tax affairs related to deceased individuals.

The first step in completing the new notification process is to complete the Notification of a Deceased Person online form, of which can be accessed via the following link: Notification of a deceased person | Australian Taxation Office.

Once the online form is completed, LPRs will receive an application summary via email. This can either be provided, in person, alongside supporting documents, to a participating Australia Post office or posted directly to the ATO.

The supporting documents required include a certified copy of the Death Certificate, an accompanying certified copy of the Will or relevant Grant, depending on the Estate’s circumstances, and the LPR’s photographic identification.

Once these documents are lodged, whether at a participating Australia Post office or by mail, the notification will be processed by the ATO such that the LPR, or an authorised tax agent, is then approved to manage the tax affairs for an Estate.

For more details, visit the ATO’s official website or consult the ATO’s website: –https://identityservice.auspost.com.au/atoforms/nodp/faq

If you require advice as to your obligations as an Estate’s LPR, or queries in relation to Estate administration generally, please do not hesitate to reach out to our friendly Wills and Estates team!

Unclaimed Money Held by the Queensland Public Trustee

Article by Spranklin McCartney Lawyers

The Queensland Public Trustee plays a vital role in managing unclaimed money within the state. This unclaimed money originates from specific sources, including:

Queensland Government Departments and Agencies: Funds from hospitals, correctional centres, statutory authorities, and schools.
Private Businesses: Money held by solicitors, real estate agents, accountants, nursing homes, and other companies.
Employee Wages: Unclaimed wages or salaries for employees engaged under a Queensland State Award.
Deceased Estates: Entitlements from estates of deceased individuals.

Our experience with the Queensland Public Trustee primarily involves unclaimed entitlements owing from deceased estates as well as unclaimed amounts belonging to individuals.

In cases where a law firm is unable to locate or contact a beneficiary of an inheritance in a Deceased Estate matter, it is common practice for the firm to hold the unclaimed inheritance for a period of two (2) years. After this time, the funds must be transferred to the Public Trustee of Queensland for safekeeping.

These funds are then recorded within a register and held securely by the Public Trustee until rightful owners come forward to claim them.

It is important to note that under the Public Trustee Act 1978 (Qld), the Public Trustee is authorised to remove details of unclaimed moneys from their register if such funds remain unclaimed for 25 years from the date they were received into the unclaimed moneys fund.[1]

What the Queensland Public Trustee Does Not Hold

Not all unclaimed money falls under the management of the Queensland Public Trustee. The following types of unclaimed funds are outside their scope:

Dormant Bank or Credit Union Accounts: Money left in inactive accounts is managed by financial institutions or other relevant authorities.
Life Insurance Policies: Unclaimed benefits from life insurance policies are handled by the respective insurers.
Superannuation: Unclaimed superannuation funds are managed by superannuation providers or the Australian Taxation Office.
Rental Bonds: These are overseen by the Residential Tenancies Authority.

If you suspect that unclaimed money owed to you is held by the Queensland Public Trustee, you can search their database to verify and lodge a claim. The process is straightforward and accessible via their official website.

For more information or to begin your search, visit: Queensland Public Trustee – Unclaimed Money.

[1] Public Trustee Act 1978 (Qld) s 99A.

New Seller Disclosure Requirements

Article by Shannen Stephan

Starting from 1 August 2025, changes to legislation means the conveyancing process has changed for anyone buying or selling property in Queensland. Under the Property Law Act 2023 (Qld) (Act), most sellers are now required to provide a comprehensive Seller Disclosure Statement, which outlines key information regarding their property, to all prospective buyers prior to signing the Contract.

In short, Seller Disclosure Statements must include the following information:

the full name of all Sellers registered on title;
the property address;
the lot-on-plan description of the property;
information regarding council rates;
information regarding water usage; and
zoning information.

However, if any of the following matters affect the property, sellers must also include additional details:

prescribed information relating to the Body Corporate;
details of any unregistered encumbrances on the lot (e.g. leases and tenancy agreements);
a QBCC pool safety compliance certificate;
state or world heritage listings;
environmental management or contaminated land registers;
environmental enforcement orders;
prescribed transitional environmental program;
any notice to resume land;
any notices regarding a transport infrastructure proposal;
any notices relating to building applications; and
applications or orders in relation to a tree.

To accompany the Seller Disclosure Statement, sellers must also provide any relevant prescribed certificates to the Buyer. Prescribed certificates may include, but are not limited to:

a land title search;
a copy of the registered survey plan;
a copy of any unregistered encumbrances (for example, unregistered leases or general tenancy agreements);
a Body Corporate certificate, including the Community Management Statement for the Scheme;
a pool compliance certificate; and
copies of any notices associated with the property, including building or show cause notices, notices to do works, notices of intention to resume the lot, notices of any transport infrastructure proposals or notices in relation to trees.

The Seller Disclosure Statement and all prescribed certificates must be accurate at the time they are given to buyers, which must be at any time before a buyer signs a contract. If a buyer is given inaccurate information relating to a material matter affecting the property, the buyer may have the opportunity to terminate the contract if there is reasonable belief that the buyer would not have signed the contract if they had known of the matter. This may also result in buyers making claims against sellers for damages flowing from the provision of inaccurate disclosure.

If sellers fail to provide buyers with a compliant Seller Disclosure Statement prior to buyers signing a contract, buyers may also be entitled to terminate the contract at any time before settlement at their sole discretion.

Given this, it is important for all sellers to seek the assistance of a legal professional prior to signing a contract to ensure compliant disclosure is provided. Otherwise, sellers may be at risk of losing their sale or facing claims by buyers for inaccurate disclosure.

If you are planning to sell your property, or if you would like to know more about the new Seller Disclosure requirements, please do not hesitate to contact our friendly conveyancing team!

Risks of Informal, ‘e-Wills’ for Estate Planning

Article by Claire Wilson

TRIGGER WARNINGS: SUICIDE, SUICIDAL IDEATIONS

In the digital age, where smartphones are an integral part of our lives, it is not uncommon for individuals to use their devices for tasks traditionally reserved for formal documentation. One such emerging trend is the creation of “iPhone Wills”—testamentary intentions recorded in smartphone apps, notes, or even audio and video recordings. While these methods may seem convenient, they can pose significant risks to your estate planning.

The formal requirements of a legally valid Will include that it must be in writing, signed by the testator in front of two witnesses, and also signed by the two witnesses.

However, section 18 of the Succession Act 1981 (Qld) (the Act) enables the Supreme Court of Queensland to dispense of certain formal requirements in particular circumstances. This provision essentially recognises that people can express their final wishes outside of traditional legal presentations. They are known as informal Wills, and can occur in many formats, from handwritten notes to digital messages.

Recent case law highlights the pitfalls of relying on informal Wills and underscores the importance of proper legal processes.

Case Study: Estate of Carrigan [2018] QSC 206

The Estate of Carrigan demonstrates how informal Wills can sometimes be upheld. Mr Carrigan, who tragically died by suicide, left audio recordings detailing his testamentary intentions. These recordings included a voicemail and a tape-recorded message specifying the distribution of his estate, which was valued in excess of $1.6 million. The court found that the recordings satisfied the three factual conditions required for a document to constitute a Will: (1) that there was a document, (2) the document embodied testamentary intentions, and crucially, (3) that the deceased intended the document to operate as his last Will.

Case Study: Estate of Leslie Wayne Quinn [2019] QSC 99

Similarly, the Estate of Quinn involved a video-recorded Will created four years before the deceased’s death. Despite the informal nature of the recording, the court was satisfied that it constituted a valid Will. The deceased had testamentary capacity and intended the video to operate as his Will.

Case Study: Peek v Wheatley [2025] NSWSC 554

In contrast, the very recent case of Peek v Wheatley serves as a stark reminder of the limitations of informal Wills. Mr Peek recorded his testamentary intentions in the notes app of his iPhone following a near-death experience. His multi-million dollar Estate was primarily left to his friend, Mr Wheatley, with smaller portions allocated to his brother and solicitor. Upon Mr Peek’s death, a number of months after the note’s creation, the document’s authenticity and testamentary intention were satisfied, however, the court was not satisfied that Mr Peek intended the note to have present operation as his Will.

The wording suggested that the note was a step towards creating a formal Will, rather than a final testament. Consequently, the court granted letters of administration for an intestate estate, leaving the distribution of assets to statutory rules rather than Peek’s expressed wishes.

While cases like Carrigan and Quinn show that informal Wills can be upheld, they also highlight the uncertainty and legal challenges associated with such documents. Courts must carefully examine the deceased’s intentions, the wording of the document, witness evidence, and the circumstances surrounding its creation. This process can lead to delays, increased legal costs, and potential disputes among beneficiaries.

Moreover, informal Wills may fail to address complex estate planning needs, such as tax implications, trusts, or guardianship arrangements. They also risk being deemed invalid if the deceased’s intentions are unclear or if the document is considered a preliminary step rather than a final testament.

Conclusion: The Importance of Formal Estate Planning

The risks associated with informal Wills underscore the importance of formal estate planning. Engaging a qualified solicitor to draft a legally binding will ensures that your wishes are clearly articulated and protected. While technology offers convenience, it cannot replace the expertise and security provided by professional legal services. To safeguard your estate and minimise the risk of disputes, contact our office’s Estate Planning team to organise a consultation.

If you require any further information, have any specific questions or wish to discuss your Estate Planning with our friendly team, you can contact us by phone on 07 3397 9622 or visit our website to make an online enquiry.

**Everyday Exemptions Under the Duties Act 2001 (Qld)**

Article by Christopher Lee

The Duties Act 2001 (Qld) (Act) governs the imposition of transfer duty on property acquisitions in Queensland. It applies to a variety of property (see section 10 of the Act for a full outline) and is not limited solely to real property (that is, land).

Whilst the Act governs the imposition of transfer duty, it also provides for an array of exemptions. There are three, however, commonly encountered provisions which are most relevant to ‘Mum and Dad’ individuals: Sections 143, 144, and 151.

Section 144 – Exemption for Joint Tenancy Survivorship

Section 144 applies to situations where real property is owned as joint tenants, and one of the tenants passes away. Under the rules of survivorship, the surviving party acquires full ownership of the property without incurring transfer duty.

This exemption is most frequently encountered with couples in a marriage or de facto relationship, who typically hold property as joint tenants. However, it is not restricted to such relationships. For instance, siblings owning property as joint tenants can also benefit from this exemption, as survivorship rules will apply.

As an aside, it is important to determine whether property ownership is held as joint tenants or tenants in common when considering estate planning. Ownership structure can have a significant impact upon an individual’s estate planning strategies in the future.

Section 143 – Change of Tenure Exemption

Section 143 provides for an exemption of transfer duty to property owners when changing the tenure of their property, being a change between holding property as joint tenants and tenants in common.

Whilst this exemption applies to all forms of real property, there is a restriction as to is application, being that the ownership interest must remain the same both before and after the transfer.

For example, if three owners mistakenly acquire property as joint tenants, they could change the tenure to tenants-in-common, with each holding equal one-third shares, and be exempt from transfer duty. However, the exemption would not apply if the owners wish to modify the ownership interests to 50%, 25%, and 25%.

This exemption ensures flexibility in correcting tenure arrangements when the existing interests among co-owners remain consistent.

Section 151 – Particular Residence Exemption

Section 151 provides a transfer duty exemption for residential properties between parties in a marriage, de facto relationship, or civil partnership, but subject to specific criteria being met.

This exemption applies when one party transfers part ownership of residential property by gift to the other party.

For example, if a property is initially owned solely by one spouse, they can transfer part ownership to their partner without incurring transfer duty. This exemption can apply whether one party holds the whole property in their sole name, or, if the property is held by both parties, but in differing proportions.

However, for the exemption to apply, the following criteria must be met:

Residential Property: The property subject to the transaction must be classified as residential land.
Gift Transfer: Ownership must be transferred as a gift from one party to the other.
Subsisting Relationship: The parties must be in a valid marriage, de facto relationship or civil partnership.
Ownership Structure: After the transaction, ownership must be held as joint tenants or tenants in common in equal shares.
Principal Place of Residence: The property must serve as the principal place of residence for both parties immediately following the transaction.

These exemptions under the Duties Act 2001 (Qld) highlight the importance of understanding property ownership structures prior to acquiring property and during a relationship.

These exemptions may assist individuals to correct errors in ownership or as a tool for their Estate Planning for the future.

Breaking Down Building and Pest Inspection Conditions

Article by Hamish Burke

Unless you are buying at auction, most contracts of sale for property in Queensland include a building and pest inspection condition. Buyers who have the benefit of a building and pest inspection condition can terminate a contract where they have not received a satisfactory building and pest report, acting reasonably.

Although this may sound simple, buyers and sellers commonly misunderstand the operation of this condition and the circumstances giving rise to a right of termination.

For example, if you are selling property and your buyer advises that their building and pest report shows the ceiling is starting to cave in, can the buyer terminate the contract under the building and pest inspection condition? Think:

Is the age of the house a factor?
Is it a body corporate issue?
Is the issue merely cosmetic, or is it structural?
Can I see a copy of the building and pest report?
Is it worth getting a second opinion from a different building inspector?
Can I fix the issue, or does it require the expertise of a licenced tradesperson?
How much will it cost to fix?
Can it be fixed in time for settlement?
What quality of work needs to be undertaken?
Did the buyer already consider this issue when they put in their offer and is the buyer using this issue as leverage to reduce the purchase price?

As you can see, many valid questions can arise in these common situations.

You can start by looking at the wording of the standard building and pest inspection condition to see if it provides any direction. This is found in the Real Estate Institute of Queensland’s Contract for Houses and Residential Land and Contract for Residential Lots in a Community Titles Scheme, which are the most commonly used forms for residential transactions in Queensland. Clauses 4.1 and 4.2 read:

This contract is conditional upon the Buyer obtaining a written building report from a Building Inspector and a written pest report from a Pest Inspector (which may be a single report) on the Property by the Inspection Date on terms satisfactory to the Buyer. The Buyer must take all reasonable steps to obtain the reports (subject to the right of the Buyer to elect to obtain only one of the reports).
The Buyer must give notice to the Seller that:
a satisfactory Inspector’s report under clause 4.1 has not been obtained by the Inspection Date and the Buyer terminates this contract. The Buyer must act reasonably; or
clause 4.1 has been either satisfied or waived by the Buyer.

Knowing this, try going over the above questions again. Are there any clear answers? Who decides what is and is not reasonable? Unfortunately, the standard terms do not provide any assistance with determining what is a reasonable and valid termination.

In lieu of any assistance from the standard terms, you would need to consider:

The age of the property, to determine whether there is a reasonable likelihood of this issue arising in the ordinary course of nature. You should expect less building and pest issues with new builds as opposed to older homes.
The severity of the issue, to determine whether it is a consequence of reasonable wear and tear or if it is a serious building defect which an ordinary person should not expect to inherit.
The cost to repair the issue, having reference to quotes from one or more licenced tradespersons (if the issue is so significant that the seller is not capable of repairing it themselves and requires the help of a professional).
The noticeability of the issue, to determine whether the buyer should have been aware of the issue before making an offer, including whether the real estate agent made the buyer aware of the nature of the issue. In some cases, buyers merely use the building and pest inspection condition as leverage to achieve a price reduction, even where issues are not significant enough to warrant termination.

Unfortunately, parties face this dilemma all the time. This can be overwhelming and shows why it is important for buyers and sellers to engage a qualified lawyer with experience in conveyancing matters. Our firm has been assisting buyers and sellers for over 50 years, and our conveyancing team is equipped with the knowledge and experience to help guide you through your next conveyance. Whether you are buying your first home or looking for a lifestyle change, you can contact us by phone on 07 3397 9622 or visit our website to make an online enquiry.

First Home (New Home) Concession

The First Home (New Home) Concession may be applicable to you if you are planning on purchasing a new home, or a substantially renovated home, which has not been previously occupied since it was built or renovated.

A home is considered a ‘substantially renovated home’ where the original structure has been removed, replaced or altered to the point that the property has structurally changed. An example might include a home that has been completely gutted, leaving only the original external and the interior has been re-built. Renovations that might be considered cosmetic, such as painting of walls, are not classified as ‘substantial renovations.

How do you know if you are eligible for the First Home (New Home) Concession?

The QRO provides the following eligibility criteria for the first home (new home) concession:

You must be purchasing residential land and the Contract must have been entered on or after 1 May 2025.
You must be paying market value for the property.
You must provide the QRO with a vendor statement as evidence that the home is a new home or a substantially renovated home.
You must intend on moving into the property as your primary residence within 1 year of settlement.
You must be at least 18 years of age.
You must be legally acquiring the property as an individual.
You must have never claimed any other home concession in the past.
You must have never held an interest in any property anywhere in Australia or overseas.

First Home Concession

The First Home Concession may be applicable if you are considering purchasing your first home, which is an existing home. An existing home is that of an established property that has previously been occupied.

The First Home Concession may provide up to $24,525.00 in transfer duty for purchases of residential property under the value of $800,000.000.

How do you know if you are eligible for the First Home Concession?

The QRO provides the following eligibility criteria for the First Home concession:

You must be purchasing residential land with a maximum value of $800,000.00.
If you are purchasing a property between $700,001.00 – $799,999.00, you must be paying market value for the property.
You must intend on moving into the property as your primary residence within 1 year of settlement.
You must be at least 18 years of age.
You must be legally acquiring the property as an individual.
You must have never claimed any other home concession in the past.
You must have never held an interest in any property anywhere in Australia or overseas.

If you are thinking about purchasing your first home and are interested to know more about the First Home Concessions and any other Concessions that may be available to you, contact Spranklin McCartney Lawyers to chat with our friendly conveyancing team.

PHONE 07 3397 9622