EKom Legal, Browns Plains (2026)

13/06/2024

In July 2023, Queensland rental laws imposed a 12-month limit on rent increases (residential rental hikes used to be allowed every six months). From 6 June 2024, the 12-month limit applies to the rental property, instead of the tenancy, which means that a landlord must not increase the rent for a residential property before the expiration of the 12-month period since the last rent increase for that property.

Tenants may now request evidence of the day when the rent was last increased for the property even if the property is vacant at the time of the request.

10/06/2024

Great news for the first home buyers!

The threshold at which first home buyers begin paying stamp duty will be raised from $500,000 to $700,000, with partial concessions available for properties valued up to $800,000.

The threshold for the first home vacant land concession will increase from $250,000 to $350,000, phasing out at $500,000.

The foreign investors will feel the backlash as the land tax surcharge will rise from 2% to 3%, and the transfer duty surcharge will be increased from 7% to 8%.

18/05/2023

Any person who own a swimming pool requires to comply with the pool safety standard in Part MP3.4 of the Queensland Development Code (the Building Act 1975 (Qld)) which primarily deals with swimming pool fences.

"A regulated swimming pool is any excavation or structure capable of being filled with water to a depth of 300mm or more including a pool, spa or wading pool, but generally does not include a fish pond (or similar ornamental water feature), dam, water tank, watercourse, spa bath in a bathroom (unless continually filled with 300mm or more of water) or birthing pool".

If you are purchasing a property with a swimming pool and there is no current Pool Safety Certificate or Exemption Certificate in place, the vendor must provide you with a Form 36 (Notice of No Pool Safety Certificate) before you sign the contract for purchase of this property which means that you will be responsible for obtaining a Pool Safety Certificate and pay for any works required to meet the standard of the Queensland Development Code (e.g. upgrading the pool barrier) within a period of 90 days after settlement.

Beware: fines apply for a failure to comply with the standard regardless of the stipulated 90-day period.

18/05/2023

By 1 January 2027, every bedroom, hallway and every level in each Queensland Property must have photoelectric smoke alarms which:
- are less than 10 years old;
- operate when tested;
- are interconnected with every other smoke alarm in the Property so that all activate at the same time.

The smoke alarm must be hardwired to the dwelling’s electricity supply. Any newly built properties or substantially renovated homes must have smoke alarms hardwired to the mains power supply.

It is an offence under Queensland Fire and Emergency Services legislation not to have compliant smoke alarms installed in a property.

In accordance with the standard terms of residential contract for sale in Queensland, a purchaser is entitled to inspect the property for smoke alarms installed and, if compliant smoke alarms are not installed in the property by settlement, the purchaser is entitled to adjust the purchase price by 0.15% of the purchase price. This adjustment must be claimed before settlement as, otherwise, the purchaser will not be able to make any claim against the vendor with respect to the failure to install compliant smoke alarms and the purchaser will have to arrange for their installation immediately following settlement as fines may apply.

You should instruct us if you find that compliant smoke alarms are not installed so that we can advise you on your rights in this regard.

23/04/2023

If the sale of your property is scheduled to settle close to 30 June, there is a good chance for the settlement date to be extended (since 20 January 2022, either party to a standard residential REIQ contract may extend the settlement day by 5 business days without any repercussions).

If the settlement is extended from beyond 1 July, the seller will be liable to pay the land tax for the entire financial year ahead for the land he doesn’t own, calculated on the total land-holdings including that land they no longer own, and from 30 June 2023, - on the total value of the landholdings Australia-wide (that are not exempt).

At EKom Legal, we premeditate this and similar issues to avoid nasty surprises for our clients.

Give us a call today to discuss your unique situation.

23/04/2023

A standard contact for sale of a residential property provides you with a cooling-off period of 5 business days within which you can get out of the contract with no questions asked (a penalty of 0.25% of the purchase price applies).

But did you know that the cooling-off period doesn’t apply if:
1. the property sells at auction; or
2. you’ve signed the contract within 2 business days after an unsuccessful auction;
3. the contract is an option contract;
4. you are buying 3 or more lots (doesn’t even have to be in the same contract); or
5. the purchaser is a listed public listed corporation.

19/04/2023

Be aware that if you bought a property in Queensland, the risk of that property passes from the seller to the buyer on the 1st business day after the contract date.

If the property is damaged after the contract date but before settlement, the buyer is still required to settle. We recommend to all buyers to take out appropriate insurance from the date of the contract.

If the property is so damaged or destroyed that it is unfit for occupation (eg. burnt down to the ground), then the buyer may be able to rescind the contract and get the deposit back in full pursuant to the Property Law Act 1974.

That is why we recommend that every seller maintains their insurance after the contract date up until the contact has settled.

16/04/2023

Marriage will automatically revoke your existing Will and your Enduring Power of Attorney (in full or in part).

You should review your Estate Planning if:
- you marry, divorce, re-mary;
- your executor/s or attorney/s die or loss their capacity;
- you became a parent.

We can make/ update your Will and your Enduring Power of Attorney for a very competitive fee.

We offer a discount for couples.

16/04/2023

Conveyancer or lawyer?

Conveyancing refers to the legal process of transferring the ownership of a property from one person or entity to another.

The goal of is to ensure that the transfer of ownership is legally binding and that both parties involved in the transaction are protected.

While both, and , can handle conveyancing, there are some key differences between the two that may influence your decision on who to hire.

Firstly, lawyers are qualified and trained in a wider range of legal areas, including property law. This means that they are equipped to handle complex legal issues that may arise during the conveyancing process, such as disputes over property boundaries, zoning regulations, or environmental issues. They can provide legal advice on a range of related matters such as estate planning, tax implications, and contracts.

Secondly, lawyers are held to a higher standard of professional conduct than conveyancers, which means they have more rigorous ethical and professional obligations. This can provide greater protection and security for clients in the event of any legal disputes or issues that may arise during the conveyancing process.

That being said, conveyancers are also licensed professionals who specialize in conveyancing and may offer more affordable services for straightforward transactions. They typically focus solely on the conveyancing process and are skilled at navigating the administrative tasks involved.
Ultimately, the decision on whether to use a lawyer or conveyancer for conveyancing will depend on the specific circumstances of your transaction and your personal preferences. It's important to do your research and choose a qualified and reputable professional who can best meet your needs.

In EKom Legal, the services are provided by an experienced lawyer at a price of a conveyancer.

15/04/2023

Welcome to EKom Legal, your local legal expert.

We provide the following services:

1. (100% online or face-to-face):
- drafting contact for sale;
- advising on the seller’s disclosure obligations;
- assisting with all due diligence;
- reviewing, advising on, negotiating the terms of the contract;
- verifying your identity;
- liaising with all the parties to the transaction, including your financier, broker, real estate agent;
- addressing any issues prior to settlement;
– advising on any other matters regarding your purchase, sale or transfer;
– conducting electronic PEXA Settlements.

Fixed fees - from $399.

2. Commercial

We draft a broad range of lease documents including commercial leases, retail leases, licences, assignments of lease, variations of lease, option leases and subleases.

We advise on the preparation of disclosure statements and the landlord’s obligations for retail leases.

Our services include:
- drafting/ reviewing ancillary transactions including agreements, and lease ;
- assisting manage their leasing portfolio and manage all commercial and retail leasing needs for ;
-advising on and negotiating amendments to maintenance, -good and remediation obligations;
- drafting leases.

3. Wills and Estate documents

We assist our clients with the following essential documents:
- ;
- General Powers of Attorney ( );
- Enduring Powers of Attorney( )
- Health Directive.

We offer an outside of business hours and on weekends services. We may also visit you at home if required.

Fixed fees from $199

EKom Legal

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23/04/2023

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