Ensure Legal

27/04/2026

Many overseas buyers are asking the same thing:

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

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

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

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

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

The biggest risk is not AML itself.

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

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

So the key message is simple:

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

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

16/03/2026

Hi, this is Stephen Kwok from Ensure Legal 👋

A quick reminder for Queensland property transactions: unless an exemption applies, sellers will usually need to provide a completed Form 2 Disclosure Statement and the relevant searches to the buyer before the contract is signed 🏡

A common exemption is where the property transaction is over $10 million and the buyer agrees to waive the disclosure requirement 💼

Hope this helps. Thank you.

26/02/2026

If you’re planning to sell a property in Queensland, a quick heads-up that can save you a lot of stress later: start early with your agent or property lawyer.

In many cases, it can take around 3-4 weeks to order the relevant searches and compile the Form 2 Seller Disclosure. And importantly, your agent generally can’t ask the buyer to sign the contract until the disclosure has been prepared and first issued to the buyer for signing.

So if you have a target timeline in mind, factor this step in upfront—it helps avoid last-minute delays and keeps the sale moving smoothly.

Need help with Form 2 disclosure and the selling process? Message Ensure Legal.

19/02/2026

Hi, I’m Stephen Kwok from Ensure Legal. We’re a Brisbane City law firm focusing on conveyancing, property, commercial property, leasing and development law.

Since 1 August 2025, Queensland’s Seller Disclosure Scheme requires a seller to give the buyer:

a completed Seller Disclosure Statement (Form 2), and

any applicable prescribed certificates,
before the buyer signs the contract.

What we’ve observed after the first 6 months:
Many sellers are not quite prepared for the Form 2 process. Often agents tell clients to “find a lawyer to do it”, and we also see some agents becoming reluctant to handle the extra administration.

What’s in Form 2 (high-level):
• Part 1–2: property & title basics (e.g. title search + plan of survey, encumbrances, and tenancy details)
• Part 3: land use / planning & environment (including zoning and certain notices)
• Part 4: buildings & structures (including pool compliance, certain show cause/enforcement notices, and other orders that remain in effect)
• Part 5–6: rates & water info, and body corporate/CTS items (where applicable)

Why it matters:
If the seller doesn’t give Form 2 (and applicable prescribed certificates) before the buyer signs, the buyer may terminate at any time before settlement. Under the Scheme, termination is the statutory remedy—seek advice about any other potential liabilities.

Also note: Form 2 does not cover everything (e.g. flood history, building condition/pests, current/past approvals, planning limits, services, asbestos). Buyers should still do their own due diligence.

Disclaimer: This post is general information only and not legal advice. Please seek advice for your specific circumstances.

15/12/2025

🎄 聖誕節快到了，街上開始亮燈、大家準備放假，但在昆士蘭，房屋交割這件事其實一點都不放假。

每年年底都會聽到類似的話：
「銀行不是休假嗎？」
「政府不是放假嗎？」
「那 settlement 應該會順延吧？」

很抱歉，事情沒有這麼浪漫 😂
在昆士蘭，交割日會不會延，完全是看合約怎麼寫。

而且老實說，聖誕到跨年這段時間，反而是交割風險比較高的時候。銀行撥款速度慢一點、PEXA 能幫忙處理的人少一點、政府部門回信久一點，如果你是海外買家，還要再加上匯款時間跟時差的挑戰。

最需要注意的是：
就算卡關的是銀行，只要錢沒有準時到，法律上還是有可能算遲延。這一點真的很多人會忽略。

所以年底交割的關鍵只有一個：不要壓線。
提早準備，反而可以安心過節，該吃的吃、該放的放。

要放心享受節日，房產交易就早些交給專業的我們處理吧 🎁

07/08/2025

https://ensurelegal.com.au/zh/why-you-shouldnt-use-ai-to-draft-leasing-contracts/

🤖 Thinking of using AI to draft your lease? Think again.

It might seem cheap and fast, but at Ensure Legal, we’ve tested AI tools—and trust us, it’s risky ⚠️

🏠 Queensland laws change fast. Some AI still gives outdated info even after the law changes.

📉 AI can “hallucinate” fake legal terms or cases. In the US, a lawyer got fined for using ChatGPT to cite fake cases!

💼 AI isn’t a lawyer. No insurance. No accountability. You take all the risk.

👉 Want peace of mind? Let a real lawyer handle your lease. We’ve got your back.

04/08/2025

🚨 From 1 August: QLD commercial leases just changed – and yes, even old leases are affected!

Still relying on that lease you signed years ago?
Think everything's business as usual?
⚠️ Think again.

From 1 August 2025, the new Property Law Act 2023 (Qld) is in force – and it applies to almost every commercial lease in Queensland, including ones signed years ago.
Some rules are mandatory. You can’t contract out of them.

Whether you're a landlord, tenant, agent or advisor – you need to know what’s changed 👇

🔹 Landlord consent now has strict rules
Want to sublease, renovate, or change the use?
Tenants must submit a formal Proposal Notice.
Landlords have 1 month to respond with a Decision Notice.
No response? Unreasonable delay? Tenants can apply to court. 💥

🔹 Original tenants walk away clean after re-assignment
Once a lease is re-assigned, the original tenant and guarantors are automatically released.
No more being chased for rent years after you’ve left.

🔹 New landlord? No written notice = no rent owed
Even if title changes, a tenant doesn’t have to pay rent until they receive written notice.
Title registration alone doesn’t count!

🔹 Breach notices must follow a strict format
Landlords can’t just wing it. Want to terminate a lease?
You must use Form 7, properly drafted, and notify all “designated persons” – including guarantors and subtenants.
Mess it up, and your termination could be invalid.

⚠️ This isn’t just red tape.
A mistake here could cost you your right to terminate – or leave you stuck in a lease.

—

💼 We’re Ensure Legal – Brisbane-based property law experts.
We help commercial landlords, tenants and agents stay compliant and protected under the new regime.

✅ Lease reviews
✅ Consent disputes
✅ Breach notice drafting
✅ Lease assignments & terminations
✅ Post-sale portfolio transitions

📩 Got questions?
💬 DM us or visit www.ensurelegal.com.au

Don’t wait until there’s a dispute to find out your lease is out of date.
Get ahead – not caught out.

28/07/2025

📣 Queensland’s New Property Disclosure Rules Are Just Days Away – Are You Ready?

Everyone in the property scene has heard about the big changes coming to Queensland’s seller disclosure laws this year.
But let’s be honest – for months, nobody really knew what the actual rules were. Agents, sellers, even legal teams were waiting for answers...

💥 Then finally – just last week, the government released the official guide.
And now, the countdown is on. The new rules kick in within days! ⏳

Here’s what’s actually inside the new guide – and what wasn’t clear before:

✅ Once you give the Form 2, it’s treated as a one-time “snapshot” – no need to update later (but you must get it right!)
✅ You, the seller, are responsible for proving the buyer actually received it – email, links, even printed copies all need evidence
✅ Auction rules now depend on when the bidder registers – and your disclosure obligations change accordingly
✅ If your rates or water charges are slightly off – the buyer can’t cancel over it
✅ If something does go wrong, the buyer’s only option is to terminate the contract – and you’ll need to refund them within 14 days

🎯 Bottom line? If you're a real estate agent, seller, or even just preparing for a listing – you need to get this right.
One missed step could mean:
❌ lost deals
❌ cancelled contracts
❌ damaged reputation

👩‍⚖️ At Ensure Legal, we’ve already updated all our procedures to match the new rules. We help sellers and agents:
📎 Prepare a legally compliant Form 2
📎 Handle proof of delivery (yes, that matters now!)
📎 Make sure auction processes are bulletproof
📎 Avoid disputes and last-minute terminations

📲 Time is running out. If you’ve got a listing coming up – or just want to make sure your process is legally safe – reach out now.
👉 https://ensurelegal.com.au/queenslands-new-seller-disclosure-guide-10-key-updates-you-must-know-in-2025/

07/07/2025

In Queensland, an increasing number of buyers are choosing to purchase new homes through House & Land Packages, which involve buying land and an off-the-plan building agreement before construction begins. While this arrangement offers advantages such as lower prices, tax savings, and design flexibility, it also carries risks—especially when construction is delayed.

Some developers may attempt to invoke the sunset clause in the contract during periods of rising property prices, using project delays as justification to cancel the contract and resell the land or dwelling at a higher price. For buyers, this can result in financial loss and the disappointment of not being able to settle as expected.

In Queensland, an increasing number of buyers are choosing to purchase new homes through House & Land Packages, which involve buying land and an

09/06/2025

📢 Queensland Agents: Are You Ready for the New Seller Disclosure Laws? 🏡

From 1 August 2025, all residential property sales in QLD must comply with mandatory seller disclosure rules under the Property Law Act 2023.

Sellers will need to provide buyers with:
✅ A signed Form 2 Seller Disclosure Statement
✅ Supporting docs like title search, survey plan, and zoning info
📌 Before the buyer signs the contract

🚨 Miss this step and the buyer may walk away — or even claim compensation.

💼 At Ensure Legal, we’ve been helping agents and sellers get ready. Need a checklist? Want help reviewing the Form 2?

📲 Call Stephen Kwok or visit www.ensurelegal.com.au for expert guidance.