第二解，买家的两把“保护伞”-贷款条款和建筑及虫害条款。| CJM Lawyers
Jason Yang
REIQ是Real Estate Institute of Queensland的简称，REQI CONTRACT是澳洲昆士兰房地产研究所编写的合同，常用于昆士兰洲的二手房买卖。所以了解合同对您在昆士兰州购房或卖房至关重要，我们将做10期带大家来了解一下REIQ的基本合同。
上一期我们就带大家了解一下REIQ合同中最重要的信息，ESSENTIAL TERM 基本条款。接下来两期我们来谈一谈，合同里常见的买家条款，这些条款 (condition) 是买家的保护伞，在这些条款到期之前，买家一般都可以无损失的退出该合同。但是一旦合同进入无条件时，主动权就会转移到卖家那边，即使买家有合理的理由想要延迟交割，除非合同特殊规定外或卖家同意，如果没有按时交割，卖家都是有权结束合同并且没收定金。
条款的种类有很多，一般都是合同双方为了交割的诉求而设定的一些条件。像贷款条款是为了确保买家有足够的资金去交割，建筑及虫害检查条款是为了确保房屋没有什么潜在问题，政府对外国人购房批准条款（FIRB）也是为了确保海外买家在交割前能拿到政府的批准。
1.贷款条款
什么是贷款条款
一般，在购买房产中，很多买家都会选择贷款买房，在合约签订后，银行会去给这个房产进行估值（valuation），然后根据买家的借贷能力等因素来决定能给买家贷多少钱。一旦拿到贷款金额，买家律师可以帮买家算出交割时还差多少钱（Shortfall Funds），如果买家发现自身存款并不足以完成交割，买家时可以根据贷款条款无条件解除合同拿回定金的。
贷款条款在REIQ合同中的作用。
贷款条款在REIQ合同中占了很重要的一笔，因为经常出现，所以它和合同价格一样被放在了合同开头的参考列表里，一般在REIQ合同中的第三页，合同价格下面。其中包括了贷款金额，贷款机构和贷款日期。这里面最重要的是贷款日期，上面写出的时间将代表贷款条约的到期日，就像第一解里面提到的，时间在昆士兰州是很重要的基础条件，任何逾期行为将被视为违约，所以合同也对时间节点做了详细的划分。其中规定，买家律师必须在贷款条款到期日下午五点之前书面通知卖家律师买家是否满意或不满意，或主动放弃在贷款条款中的权益（解约的权利）。如果给出满意或放弃权利的通知，合同会进入下一阶段。如果不满意，买家是可以解除合同拿回定金。如果没有在五点之前没有给出书面通知，卖家是有权利解除合同的。这里值得注意的是，如果买家律师在五点之前给出申请贷款延期通知，卖家律师是没有义务必须在五点之前回复你的。一旦超过五点，卖家律师还是有权解除合同的。但是，如果买家律师在卖家解除合同之前给出满意或主动放弃权利通知，合同依然会进入下一阶段。
2. 建筑及虫害条款
什么是建筑及虫害条款
在昆州买房，一般会找专业人士做一份详细的房屋和虫害检查报告，专业的检查人士会去房产那进行实地考察，然后在建筑检查报告里列出什么地方该修，有没有结构损害等一系列建筑问题。因为澳洲房产大多数是木制结构，所以特别怕白蚁。虫害报告里就会详细的列出该房产会不会受到白蚁的危害，曾经有没有白蚁活动的痕迹和未来会不会受到白蚁的困扰。请注意，因为我们律师不是建筑领域的专业人士，所以不会给买家提供关于房屋修理的建议，买家应该向检查员咨询该房产是否值得购买，是否有结构性损坏和哪里需要卖家修理。如果有需要大修的地方，买家应该进一步请人对需要修理的地方进行报价。从而重新评估购买该房产的价值和花费，之后再告诉律师需要修理的地方或是否需要卖家减价。由买家律师转告给卖家律师，再由卖家律师转告给卖家。
合同里对建筑及虫害条款的时间规定和贷款条款一样，都需要买家律师在下午五点之前给出书面通知，否则卖家有权利在五点之后解除合同。
昆州的房产交易时而简单时而复杂，如果您需要律师，请添加文章下的二维码或拨打 1300 245 299 找杨律师（Jason）。
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Our Latest Story
By August 2026 Edition
•
30 July 2026
Buying or selling property is a major decision at any time, but in a changing market, the legal details can become even more important. When prices shift, finance conditions tighten, buyer confidence changes or properties take longer to sell, both buyers and sellers may feel pressure to make quick decisions. That pressure can lead to important legal issues being overlooked. A buyer may be tempted to sign a contract before finance is formally approved or before building and pest inspection concerns are resolved or before understanding the effect of special conditions. A seller may accept unusual conditions, a delayed settlement or a request for a price reduction without fully understanding the legal and practical consequences. First home buyers may feel this pressure more strongly. Higher borrowing costs, changing government incentives, transfer duty concessions and broader cost-of-living pressures can make it harder to enter the market, and may lead some buyers to move quickly once they find a suitable property. Even in a competitive market, it is important to understand the contract terms, finance condition, building and pest conditions, any applicable cooling-off periods, special conditions and key dates before signing. This is why legal advice should be considered early in the transaction, not simply at the end before settlement. The contract, disclosure material, special conditions and key dates can all affect your rights, obligations and overall risk. For buyers, the main issue is making sure the contract gives you the protection you need before you commit. Depending on the relevant State or Territory and the terms of the contract, this may include finance approval, building and pest inspections, settlement timing, inclusions and exclusions, special conditions and any disclosure documents that raise concerns. Depending on the State or Territory, buyers may also need to consider any applicable cooling-off rights, whether those rights apply, termination costs or penalties, title issues, easements, covenants, encumbrances, strata, body corporate or owner’s corporation information, transfer duty and available concessions. If these matters are not checked before signing, your options may become limited and important deadlines may be missed. For sellers, the key issue is preparation. In a cautious or competitive market, missing documents, unresolved title issues, strata, body corporate or owner’s corporation matters, easements, unapproved structures, tenancy issues, pool safety requirements or incorrect information can create delay, renegotiation or disputes. Having the contract and disclosure material prepared before listing can help reduce these risks. State-based requirements also need to be considered. Property rules differ across Australia, including cooling-off periods, disclosure obligations, contract requirements and settlement processes. This is particularly relevant for clients buying or selling across the border, or investors purchasing outside their usual location. Recent legal changes have added another layer of risk. In Queensland, the seller disclosure scheme that commenced on 1 August 2025 generally requires sellers to give buyers prescribed disclosure material before a contract is signed, subject to exceptions. Non-compliance may give rise to buyer termination rights before settlement in some circumstances. In New South Wales, prescribed contract notices and warning statements, including cooling-off notices, should be checked to ensure the current form is used. These changes highlight why relying on outdated contracts, templates or assumptions can create unnecessary risk. Requirements in other States and Territories may also differ, so contracts and disclosure documents should be checked for the relevant jurisdiction. Legal advice can also help during negotiation. In a changing market, buyers may seek more time, more protection or a lower price after inspections. Sellers may need to decide whether to accept those requests or negotiate different terms. A lawyer can help you understand what is reasonable, what may create delay or uncertainty and what should be addressed before the contract becomes binding. At CJM Lawyers, our property team can help you identify and manage these issues from the beginning. We can review or prepare contracts, advise on disclosure obligations, explain special conditions, assist with conveyancing and assist with property transactions across Australia, including jurisdiction-specific advice and settlement coordination where required. Our role is to help you understand what you are agreeing to, identify potential problems early and make informed decisions with confidence. Whether you are buying, selling or negotiating contract terms, early legal advice can help reduce the risk of delay, dispute or costly mistakes. If you are planning to buy or sell property in 2026, contact CJM Lawyers to discuss how our property team can assist with your transaction.
By July 2026 Edition
•
13 July 2026
You’ve decided to buy a business. Sell a property. Or finally restructure the family group the way your accountant has been suggesting for years. You’ve done the hard part. You’ve made the decision and you’re sitting in your solicitor’s office ready to get moving. Instead, you’re asked for your driver’s licence. Then your passport. Then a few questions about who actually owns the company doing the buying, where the deposit money is coming from, and whether anyone else stands to benefit from the deal. If part of you starts wondering whether you’ve done something wrong, you haven’t. What’s changed isn’t you. It’s the law. The short version From 1 July 2026, law firms providing certain legal services became part of Australia’s anti-money laundering regime, the same set of rules banks have operated under for years. Accountants, conveyancers and real estate professionals were brought in at the same time. You might hear it called "Tranche 2", and it’s the biggest expansion of these laws in a generation. In plain terms, your lawyer is now legally required to understand who they’re acting for, who’s really behind a transaction, and where the money involved is coming from. Not because anyone suspects you of anything. Because the law now requires it. The reasoning is fairly simple. Criminals have long used professional services such as lawyers, accountants and agents to move illicit funds through otherwise legitimate-looking transactions. The reforms are designed to make that much harder. So why all the identification? The starting point is knowing who you are. That means sighting identity documents for the people involved in a matter, and for the businesses involved too. It’s the same principle as opening a bank account, just applied to buying a business, transferring property, or establishing and operating through a company or trust. For most clients it’s a five-minute exercise at the start of a matter. Have your identification ready and it barely registers. “But it’s my company. Why do you need to know who owns it?” This is the part that catches people off guard. When you deal through a company or trust, the law requires us to look beyond the entity and identify the real people behind it, the people who ultimately own or control it. It’s called beneficial ownership. If your structure is straightforward, this is usually quick. If it’s a company owned by a trust, controlled by another entity, with a corporate trustee sitting over the top, it can take a little longer to map out. That’s exactly the type of structure the rules are designed to understand. None of this means anything is wrong. It simply means we need to be able to clearly identify who is involved. Where did the money come from? You may also be asked about the source of funds being used in a transaction, and sometimes about the source of your wealth more broadly. For most people the explanation is entirely ordinary: proceeds from another property sale, a business sale, an inheritance, years of savings, or a loan from the bank. Usually it’s a short conversation. Occasionally we may ask for documents to support the explanation. In larger transactions, or where funds have moved through multiple accounts or entities, we may need a little more information to satisfy our legal obligations. Either way, it’s always better to have the conversation early than to have questions arise shortly before settlement. Why it might take a little longer to get started The practical reality is that more work now happens at the very beginning of a matter, before we can properly commence certain services or receive money into trust. It can feel like an extra step between you and getting on with things. The good news is that it’s largely front-loaded. Once it’s completed, the rest of the matter generally progresses the way it always has. How to make it painless Bring current identification for everyone involved. If you’re using a company or trust, make sure you understand the structure or bring the relevant documents with you. If there’s anything unusual about where funds are coming from, mention it early. Speak to us sooner rather than later. The earlier we commence, the easier it is to deal with any compliance requirements in the background. The bottom line We would much rather explain these requirements at the beginning than have you frustrated on settlement day. In reality, a firm that asks these questions properly is a firm doing its job. These processes don’t just protect the financial system. They also help protect clients, businesses and transactions from unnecessary risk. If you’re planning to buy, sell or restructure this financial year, the best thing you can do is speak with us before the transaction gathers momentum. We’ll get the groundwork sorted while things are still quiet, so compliance doesn’t become the reason your transaction stalls. Thinking about a purchase, sale or restructure this year? Have a chat with our commercial team early and we’ll make sure the paperwork is ready to go when you are. Contact CJM Lawyers on 1300 245 299 or commercial@cjmlaw.com.au .
By July 2026 Edition
•
13 July 2026
Cast your mind back to when you started your business. Somewhere in those early months you signed a stack of documents: an agreement with your business partner, a few employment contracts, maybe a set of terms and conditions that came from a template or a mate who'd done it before. You signed them, filed them, and got on with the actual work of running the place. When did you last read any of them? For most established businesses, the honest answer is "not since we set up". That's where problems can start. Your business has grown and changed enormously since then. The documents haven't moved an inch. That gap between what your paperwork says and how your business actually runs is exactly where trouble likes to hide. It usually surfaces at the worst possible moment: when a relationship sours, someone falls ill, or a deal falls through. Here are five documents worth reviewing this financial year. 1. Your shareholders' agreement, partnership agreement, constitution or trust deed This is the paperwork that answers the awkward questions nobody wants to ask while everyone's getting along. What happens if a co-owner wants out? If one of you dies? If someone wants to sell their share to an outsider you'd never choose to be in business with? If your business structure has changed over the years, do the documents still reflect reality? If you don't have an agreement at all, and plenty of successful businesses don't, those decisions may ultimately be determined by legislation and default legal rules that were never designed around the way your business operates. If you do have one, but it was drawn up years ago when the business looked completely different, it may no longer reflect who's involved, what the business is worth, or how you'd want things handled today. 2. Your buy/sell agreement (sometimes called business succession agreement / buyout deed) Closely related, and just as easy to forget. A buy/sell agreement sets out what happens to an owner's share if they die or can no longer work, and it's often funded by life or disability insurance taken out years ago. The mechanism only works if the money behind it still stacks up. Business values drift upward. Insurance cover doesn't automatically follow. We regularly see arrangements where the agreement promises one thing and the funding delivers something far short of it. It's worth checking the numbers still line up. 3. Your employment and contractor agreements Workplace laws don't stand still, and neither should your contracts. Recent changes have placed greater focus on the reality of a working relationship rather than simply what the contract says. That means an arrangement that made sense a few years ago may deserve another look today. An out-of-date contract, or a handshake arrangement that was never properly documented, can leave you exposed to disputes about pay, leave, superannuation and other entitlements long after the relationship has ended. It's worth reviewing your casual arrangements too, along with any employment or contractor templates you've been reusing without much thought. What was fine five years ago may not be fine now. 4. Your terms and conditions, and your privacy policy If your business sells, quotes, or collects customer information, particularly online, these documents do more heavy lifting than most owners realise. Good terms and conditions help you get paid, set out what you're responsible for (and what you're not), and give you something solid to stand on when a customer disputes an invoice. Your privacy policy matters more than it used to as well; even where the Privacy Act doesn't strictly apply, customers increasingly expect it. Businesses are facing increasing scrutiny around how they collect, store and use personal information. A privacy policy copied from another website years ago is unlikely to reflect what you're actually doing today. Following the rise in cyber incidents and data breaches, customers and regulators alike expect businesses to understand what information they hold, how it's protected and who has access to it. If your privacy policy doesn't accurately reflect your practices, it's probably time for a review. 5. Your succession plan and powers of attorney Here's a question most owners avoid: what happens to the business if you can't be there to run it, for a fortnight, or for good? Who signs off on EFT payments & wages? Who deals with the bank? Who makes decisions? Who keeps the lights on? For many businesses, key client relationships, banking authorities and operational knowledge sit with one or two people. If that person suddenly becomes unavailable, the disruption can be immediate. For companies, this usually needs to work alongside your constitution as an attorney can't simply step into a director's shoes, which is why the documents need to be designed together. A properly prepared enduring power of attorney, together with a clear succession plan, can help ensure someone has authority to manage key business affairs if you're unable to do so. It's not a pleasant thing to think about, which is exactly why so few people have it sorted. Before moving on, it is worth asking yourself a few simple questions: Do your ownership documents still reflect your current business structure? Have your employment and contractor agreements been reviewed in the last few years? Have your terms and conditions kept pace with the way your business now operates Does your privacy policy accurately reflect how you collect and use personal information? Would someone know how to keep the business running if you were suddenly unavailable? If you answered "no", or even "I'm not sure", to any of those questions, it may be time for a review. Don't try to fix everything at once. If that list feels like a lot, don't worry. You don't need a full legal audit, and you certainly don't need to do everything at once. Pick one document this quarter and have it reviewed. For most established businesses, ownership documents are often the best place to start because they help protect the thing you've spent years building. Many business owners are surprised by how much has changed since those documents were first signed. A short review now is usually far easier, and far less expensive, than dealing with a problem after it arises. The businesses that handle these issues well are not necessarily the ones with the thickest folders. They are the ones that occasionally stop and make sure their paperwork still reflects the reality of how the business operates today. Not sure whether your key business documents still hold up? Pick one and let our commercial team take a look this quarter. A short review now can save a great deal of trouble later. Contact CJM Lawyers on 1300 245 299 or commercial@cjmlaw.com.au .
Our Latest Story
By August 2026 Edition
•
30 July 2026
Buying or selling property is a major decision at any time, but in a changing market, the legal details can become even more important. When prices shift, finance conditions tighten, buyer confidence changes or properties take longer to sell, both buyers and sellers may feel pressure to make quick decisions. That pressure can lead to important legal issues being overlooked. A buyer may be tempted to sign a contract before finance is formally approved or before building and pest inspection concerns are resolved or before understanding the effect of special conditions. A seller may accept unusual conditions, a delayed settlement or a request for a price reduction without fully understanding the legal and practical consequences. First home buyers may feel this pressure more strongly. Higher borrowing costs, changing government incentives, transfer duty concessions and broader cost-of-living pressures can make it harder to enter the market, and may lead some buyers to move quickly once they find a suitable property. Even in a competitive market, it is important to understand the contract terms, finance condition, building and pest conditions, any applicable cooling-off periods, special conditions and key dates before signing. This is why legal advice should be considered early in the transaction, not simply at the end before settlement. The contract, disclosure material, special conditions and key dates can all affect your rights, obligations and overall risk. For buyers, the main issue is making sure the contract gives you the protection you need before you commit. Depending on the relevant State or Territory and the terms of the contract, this may include finance approval, building and pest inspections, settlement timing, inclusions and exclusions, special conditions and any disclosure documents that raise concerns. Depending on the State or Territory, buyers may also need to consider any applicable cooling-off rights, whether those rights apply, termination costs or penalties, title issues, easements, covenants, encumbrances, strata, body corporate or owner’s corporation information, transfer duty and available concessions. If these matters are not checked before signing, your options may become limited and important deadlines may be missed. For sellers, the key issue is preparation. In a cautious or competitive market, missing documents, unresolved title issues, strata, body corporate or owner’s corporation matters, easements, unapproved structures, tenancy issues, pool safety requirements or incorrect information can create delay, renegotiation or disputes. Having the contract and disclosure material prepared before listing can help reduce these risks. State-based requirements also need to be considered. Property rules differ across Australia, including cooling-off periods, disclosure obligations, contract requirements and settlement processes. This is particularly relevant for clients buying or selling across the border, or investors purchasing outside their usual location. Recent legal changes have added another layer of risk. In Queensland, the seller disclosure scheme that commenced on 1 August 2025 generally requires sellers to give buyers prescribed disclosure material before a contract is signed, subject to exceptions. Non-compliance may give rise to buyer termination rights before settlement in some circumstances. In New South Wales, prescribed contract notices and warning statements, including cooling-off notices, should be checked to ensure the current form is used. These changes highlight why relying on outdated contracts, templates or assumptions can create unnecessary risk. Requirements in other States and Territories may also differ, so contracts and disclosure documents should be checked for the relevant jurisdiction. Legal advice can also help during negotiation. In a changing market, buyers may seek more time, more protection or a lower price after inspections. Sellers may need to decide whether to accept those requests or negotiate different terms. A lawyer can help you understand what is reasonable, what may create delay or uncertainty and what should be addressed before the contract becomes binding. At CJM Lawyers, our property team can help you identify and manage these issues from the beginning. We can review or prepare contracts, advise on disclosure obligations, explain special conditions, assist with conveyancing and assist with property transactions across Australia, including jurisdiction-specific advice and settlement coordination where required. Our role is to help you understand what you are agreeing to, identify potential problems early and make informed decisions with confidence. Whether you are buying, selling or negotiating contract terms, early legal advice can help reduce the risk of delay, dispute or costly mistakes. If you are planning to buy or sell property in 2026, contact CJM Lawyers to discuss how our property team can assist with your transaction.
By July 2026 Edition
•
13 July 2026
You’ve decided to buy a business. Sell a property. Or finally restructure the family group the way your accountant has been suggesting for years. You’ve done the hard part. You’ve made the decision and you’re sitting in your solicitor’s office ready to get moving. Instead, you’re asked for your driver’s licence. Then your passport. Then a few questions about who actually owns the company doing the buying, where the deposit money is coming from, and whether anyone else stands to benefit from the deal. If part of you starts wondering whether you’ve done something wrong, you haven’t. What’s changed isn’t you. It’s the law. The short version From 1 July 2026, law firms providing certain legal services became part of Australia’s anti-money laundering regime, the same set of rules banks have operated under for years. Accountants, conveyancers and real estate professionals were brought in at the same time. You might hear it called "Tranche 2", and it’s the biggest expansion of these laws in a generation. In plain terms, your lawyer is now legally required to understand who they’re acting for, who’s really behind a transaction, and where the money involved is coming from. Not because anyone suspects you of anything. Because the law now requires it. The reasoning is fairly simple. Criminals have long used professional services such as lawyers, accountants and agents to move illicit funds through otherwise legitimate-looking transactions. The reforms are designed to make that much harder. So why all the identification? The starting point is knowing who you are. That means sighting identity documents for the people involved in a matter, and for the businesses involved too. It’s the same principle as opening a bank account, just applied to buying a business, transferring property, or establishing and operating through a company or trust. For most clients it’s a five-minute exercise at the start of a matter. Have your identification ready and it barely registers. “But it’s my company. Why do you need to know who owns it?” This is the part that catches people off guard. When you deal through a company or trust, the law requires us to look beyond the entity and identify the real people behind it, the people who ultimately own or control it. It’s called beneficial ownership. If your structure is straightforward, this is usually quick. If it’s a company owned by a trust, controlled by another entity, with a corporate trustee sitting over the top, it can take a little longer to map out. That’s exactly the type of structure the rules are designed to understand. None of this means anything is wrong. It simply means we need to be able to clearly identify who is involved. Where did the money come from? You may also be asked about the source of funds being used in a transaction, and sometimes about the source of your wealth more broadly. For most people the explanation is entirely ordinary: proceeds from another property sale, a business sale, an inheritance, years of savings, or a loan from the bank. Usually it’s a short conversation. Occasionally we may ask for documents to support the explanation. In larger transactions, or where funds have moved through multiple accounts or entities, we may need a little more information to satisfy our legal obligations. Either way, it’s always better to have the conversation early than to have questions arise shortly before settlement. Why it might take a little longer to get started The practical reality is that more work now happens at the very beginning of a matter, before we can properly commence certain services or receive money into trust. It can feel like an extra step between you and getting on with things. The good news is that it’s largely front-loaded. Once it’s completed, the rest of the matter generally progresses the way it always has. How to make it painless Bring current identification for everyone involved. If you’re using a company or trust, make sure you understand the structure or bring the relevant documents with you. If there’s anything unusual about where funds are coming from, mention it early. Speak to us sooner rather than later. The earlier we commence, the easier it is to deal with any compliance requirements in the background. The bottom line We would much rather explain these requirements at the beginning than have you frustrated on settlement day. In reality, a firm that asks these questions properly is a firm doing its job. These processes don’t just protect the financial system. They also help protect clients, businesses and transactions from unnecessary risk. If you’re planning to buy, sell or restructure this financial year, the best thing you can do is speak with us before the transaction gathers momentum. We’ll get the groundwork sorted while things are still quiet, so compliance doesn’t become the reason your transaction stalls. Thinking about a purchase, sale or restructure this year? Have a chat with our commercial team early and we’ll make sure the paperwork is ready to go when you are. Contact CJM Lawyers on 1300 245 299 or commercial@cjmlaw.com.au .
By July 2026 Edition
•
13 July 2026
Cast your mind back to when you started your business. Somewhere in those early months you signed a stack of documents: an agreement with your business partner, a few employment contracts, maybe a set of terms and conditions that came from a template or a mate who'd done it before. You signed them, filed them, and got on with the actual work of running the place. When did you last read any of them? For most established businesses, the honest answer is "not since we set up". That's where problems can start. Your business has grown and changed enormously since then. The documents haven't moved an inch. That gap between what your paperwork says and how your business actually runs is exactly where trouble likes to hide. It usually surfaces at the worst possible moment: when a relationship sours, someone falls ill, or a deal falls through. Here are five documents worth reviewing this financial year. 1. Your shareholders' agreement, partnership agreement, constitution or trust deed This is the paperwork that answers the awkward questions nobody wants to ask while everyone's getting along. What happens if a co-owner wants out? If one of you dies? If someone wants to sell their share to an outsider you'd never choose to be in business with? If your business structure has changed over the years, do the documents still reflect reality? If you don't have an agreement at all, and plenty of successful businesses don't, those decisions may ultimately be determined by legislation and default legal rules that were never designed around the way your business operates. If you do have one, but it was drawn up years ago when the business looked completely different, it may no longer reflect who's involved, what the business is worth, or how you'd want things handled today. 2. Your buy/sell agreement (sometimes called business succession agreement / buyout deed) Closely related, and just as easy to forget. A buy/sell agreement sets out what happens to an owner's share if they die or can no longer work, and it's often funded by life or disability insurance taken out years ago. The mechanism only works if the money behind it still stacks up. Business values drift upward. Insurance cover doesn't automatically follow. We regularly see arrangements where the agreement promises one thing and the funding delivers something far short of it. It's worth checking the numbers still line up. 3. Your employment and contractor agreements Workplace laws don't stand still, and neither should your contracts. Recent changes have placed greater focus on the reality of a working relationship rather than simply what the contract says. That means an arrangement that made sense a few years ago may deserve another look today. An out-of-date contract, or a handshake arrangement that was never properly documented, can leave you exposed to disputes about pay, leave, superannuation and other entitlements long after the relationship has ended. It's worth reviewing your casual arrangements too, along with any employment or contractor templates you've been reusing without much thought. What was fine five years ago may not be fine now. 4. Your terms and conditions, and your privacy policy If your business sells, quotes, or collects customer information, particularly online, these documents do more heavy lifting than most owners realise. Good terms and conditions help you get paid, set out what you're responsible for (and what you're not), and give you something solid to stand on when a customer disputes an invoice. Your privacy policy matters more than it used to as well; even where the Privacy Act doesn't strictly apply, customers increasingly expect it. Businesses are facing increasing scrutiny around how they collect, store and use personal information. A privacy policy copied from another website years ago is unlikely to reflect what you're actually doing today. Following the rise in cyber incidents and data breaches, customers and regulators alike expect businesses to understand what information they hold, how it's protected and who has access to it. If your privacy policy doesn't accurately reflect your practices, it's probably time for a review. 5. Your succession plan and powers of attorney Here's a question most owners avoid: what happens to the business if you can't be there to run it, for a fortnight, or for good? Who signs off on EFT payments & wages? Who deals with the bank? Who makes decisions? Who keeps the lights on? For many businesses, key client relationships, banking authorities and operational knowledge sit with one or two people. If that person suddenly becomes unavailable, the disruption can be immediate. For companies, this usually needs to work alongside your constitution as an attorney can't simply step into a director's shoes, which is why the documents need to be designed together. A properly prepared enduring power of attorney, together with a clear succession plan, can help ensure someone has authority to manage key business affairs if you're unable to do so. It's not a pleasant thing to think about, which is exactly why so few people have it sorted. Before moving on, it is worth asking yourself a few simple questions: Do your ownership documents still reflect your current business structure? Have your employment and contractor agreements been reviewed in the last few years? Have your terms and conditions kept pace with the way your business now operates Does your privacy policy accurately reflect how you collect and use personal information? Would someone know how to keep the business running if you were suddenly unavailable? If you answered "no", or even "I'm not sure", to any of those questions, it may be time for a review. Don't try to fix everything at once. If that list feels like a lot, don't worry. You don't need a full legal audit, and you certainly don't need to do everything at once. Pick one document this quarter and have it reviewed. For most established businesses, ownership documents are often the best place to start because they help protect the thing you've spent years building. Many business owners are surprised by how much has changed since those documents were first signed. A short review now is usually far easier, and far less expensive, than dealing with a problem after it arises. The businesses that handle these issues well are not necessarily the ones with the thickest folders. They are the ones that occasionally stop and make sure their paperwork still reflects the reality of how the business operates today. Not sure whether your key business documents still hold up? Pick one and let our commercial team take a look this quarter. A short review now can save a great deal of trouble later. Contact CJM Lawyers on 1300 245 299 or commercial@cjmlaw.com.au .
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By August 2026 Edition
•
30 July 2026
Buying or selling property is a major decision at any time, but in a changing market, the legal details can become even more important. When prices shift, finance conditions tighten, buyer confidence changes or properties take longer to sell, both buyers and sellers may feel pressure to make quick decisions. That pressure can lead to important legal issues being overlooked. A buyer may be tempted to sign a contract before finance is formally approved or before building and pest inspection concerns are resolved or before understanding the effect of special conditions. A seller may accept unusual conditions, a delayed settlement or a request for a price reduction without fully understanding the legal and practical consequences. First home buyers may feel this pressure more strongly. Higher borrowing costs, changing government incentives, transfer duty concessions and broader cost-of-living pressures can make it harder to enter the market, and may lead some buyers to move quickly once they find a suitable property. Even in a competitive market, it is important to understand the contract terms, finance condition, building and pest conditions, any applicable cooling-off periods, special conditions and key dates before signing. This is why legal advice should be considered early in the transaction, not simply at the end before settlement. The contract, disclosure material, special conditions and key dates can all affect your rights, obligations and overall risk. For buyers, the main issue is making sure the contract gives you the protection you need before you commit. Depending on the relevant State or Territory and the terms of the contract, this may include finance approval, building and pest inspections, settlement timing, inclusions and exclusions, special conditions and any disclosure documents that raise concerns. Depending on the State or Territory, buyers may also need to consider any applicable cooling-off rights, whether those rights apply, termination costs or penalties, title issues, easements, covenants, encumbrances, strata, body corporate or owner’s corporation information, transfer duty and available concessions. If these matters are not checked before signing, your options may become limited and important deadlines may be missed. For sellers, the key issue is preparation. In a cautious or competitive market, missing documents, unresolved title issues, strata, body corporate or owner’s corporation matters, easements, unapproved structures, tenancy issues, pool safety requirements or incorrect information can create delay, renegotiation or disputes. Having the contract and disclosure material prepared before listing can help reduce these risks. State-based requirements also need to be considered. Property rules differ across Australia, including cooling-off periods, disclosure obligations, contract requirements and settlement processes. This is particularly relevant for clients buying or selling across the border, or investors purchasing outside their usual location. Recent legal changes have added another layer of risk. In Queensland, the seller disclosure scheme that commenced on 1 August 2025 generally requires sellers to give buyers prescribed disclosure material before a contract is signed, subject to exceptions. Non-compliance may give rise to buyer termination rights before settlement in some circumstances. In New South Wales, prescribed contract notices and warning statements, including cooling-off notices, should be checked to ensure the current form is used. These changes highlight why relying on outdated contracts, templates or assumptions can create unnecessary risk. Requirements in other States and Territories may also differ, so contracts and disclosure documents should be checked for the relevant jurisdiction. Legal advice can also help during negotiation. In a changing market, buyers may seek more time, more protection or a lower price after inspections. Sellers may need to decide whether to accept those requests or negotiate different terms. A lawyer can help you understand what is reasonable, what may create delay or uncertainty and what should be addressed before the contract becomes binding. At CJM Lawyers, our property team can help you identify and manage these issues from the beginning. We can review or prepare contracts, advise on disclosure obligations, explain special conditions, assist with conveyancing and assist with property transactions across Australia, including jurisdiction-specific advice and settlement coordination where required. Our role is to help you understand what you are agreeing to, identify potential problems early and make informed decisions with confidence. Whether you are buying, selling or negotiating contract terms, early legal advice can help reduce the risk of delay, dispute or costly mistakes. If you are planning to buy or sell property in 2026, contact CJM Lawyers to discuss how our property team can assist with your transaction.
By July 2026 Edition
•
13 July 2026
You’ve decided to buy a business. Sell a property. Or finally restructure the family group the way your accountant has been suggesting for years. You’ve done the hard part. You’ve made the decision and you’re sitting in your solicitor’s office ready to get moving. Instead, you’re asked for your driver’s licence. Then your passport. Then a few questions about who actually owns the company doing the buying, where the deposit money is coming from, and whether anyone else stands to benefit from the deal. If part of you starts wondering whether you’ve done something wrong, you haven’t. What’s changed isn’t you. It’s the law. The short version From 1 July 2026, law firms providing certain legal services became part of Australia’s anti-money laundering regime, the same set of rules banks have operated under for years. Accountants, conveyancers and real estate professionals were brought in at the same time. You might hear it called "Tranche 2", and it’s the biggest expansion of these laws in a generation. In plain terms, your lawyer is now legally required to understand who they’re acting for, who’s really behind a transaction, and where the money involved is coming from. Not because anyone suspects you of anything. Because the law now requires it. The reasoning is fairly simple. Criminals have long used professional services such as lawyers, accountants and agents to move illicit funds through otherwise legitimate-looking transactions. The reforms are designed to make that much harder. So why all the identification? The starting point is knowing who you are. That means sighting identity documents for the people involved in a matter, and for the businesses involved too. It’s the same principle as opening a bank account, just applied to buying a business, transferring property, or establishing and operating through a company or trust. For most clients it’s a five-minute exercise at the start of a matter. Have your identification ready and it barely registers. “But it’s my company. Why do you need to know who owns it?” This is the part that catches people off guard. When you deal through a company or trust, the law requires us to look beyond the entity and identify the real people behind it, the people who ultimately own or control it. It’s called beneficial ownership. If your structure is straightforward, this is usually quick. If it’s a company owned by a trust, controlled by another entity, with a corporate trustee sitting over the top, it can take a little longer to map out. That’s exactly the type of structure the rules are designed to understand. None of this means anything is wrong. It simply means we need to be able to clearly identify who is involved. Where did the money come from? You may also be asked about the source of funds being used in a transaction, and sometimes about the source of your wealth more broadly. For most people the explanation is entirely ordinary: proceeds from another property sale, a business sale, an inheritance, years of savings, or a loan from the bank. Usually it’s a short conversation. Occasionally we may ask for documents to support the explanation. In larger transactions, or where funds have moved through multiple accounts or entities, we may need a little more information to satisfy our legal obligations. Either way, it’s always better to have the conversation early than to have questions arise shortly before settlement. Why it might take a little longer to get started The practical reality is that more work now happens at the very beginning of a matter, before we can properly commence certain services or receive money into trust. It can feel like an extra step between you and getting on with things. The good news is that it’s largely front-loaded. Once it’s completed, the rest of the matter generally progresses the way it always has. How to make it painless Bring current identification for everyone involved. If you’re using a company or trust, make sure you understand the structure or bring the relevant documents with you. If there’s anything unusual about where funds are coming from, mention it early. Speak to us sooner rather than later. The earlier we commence, the easier it is to deal with any compliance requirements in the background. The bottom line We would much rather explain these requirements at the beginning than have you frustrated on settlement day. In reality, a firm that asks these questions properly is a firm doing its job. These processes don’t just protect the financial system. They also help protect clients, businesses and transactions from unnecessary risk. If you’re planning to buy, sell or restructure this financial year, the best thing you can do is speak with us before the transaction gathers momentum. We’ll get the groundwork sorted while things are still quiet, so compliance doesn’t become the reason your transaction stalls. Thinking about a purchase, sale or restructure this year? Have a chat with our commercial team early and we’ll make sure the paperwork is ready to go when you are. Contact CJM Lawyers on 1300 245 299 or commercial@cjmlaw.com.au .
By July 2026 Edition
•
13 July 2026
Cast your mind back to when you started your business. Somewhere in those early months you signed a stack of documents: an agreement with your business partner, a few employment contracts, maybe a set of terms and conditions that came from a template or a mate who'd done it before. You signed them, filed them, and got on with the actual work of running the place. When did you last read any of them? For most established businesses, the honest answer is "not since we set up". That's where problems can start. Your business has grown and changed enormously since then. The documents haven't moved an inch. That gap between what your paperwork says and how your business actually runs is exactly where trouble likes to hide. It usually surfaces at the worst possible moment: when a relationship sours, someone falls ill, or a deal falls through. Here are five documents worth reviewing this financial year. 1. Your shareholders' agreement, partnership agreement, constitution or trust deed This is the paperwork that answers the awkward questions nobody wants to ask while everyone's getting along. What happens if a co-owner wants out? If one of you dies? If someone wants to sell their share to an outsider you'd never choose to be in business with? If your business structure has changed over the years, do the documents still reflect reality? If you don't have an agreement at all, and plenty of successful businesses don't, those decisions may ultimately be determined by legislation and default legal rules that were never designed around the way your business operates. If you do have one, but it was drawn up years ago when the business looked completely different, it may no longer reflect who's involved, what the business is worth, or how you'd want things handled today. 2. Your buy/sell agreement (sometimes called business succession agreement / buyout deed) Closely related, and just as easy to forget. A buy/sell agreement sets out what happens to an owner's share if they die or can no longer work, and it's often funded by life or disability insurance taken out years ago. The mechanism only works if the money behind it still stacks up. Business values drift upward. Insurance cover doesn't automatically follow. We regularly see arrangements where the agreement promises one thing and the funding delivers something far short of it. It's worth checking the numbers still line up. 3. Your employment and contractor agreements Workplace laws don't stand still, and neither should your contracts. Recent changes have placed greater focus on the reality of a working relationship rather than simply what the contract says. That means an arrangement that made sense a few years ago may deserve another look today. An out-of-date contract, or a handshake arrangement that was never properly documented, can leave you exposed to disputes about pay, leave, superannuation and other entitlements long after the relationship has ended. It's worth reviewing your casual arrangements too, along with any employment or contractor templates you've been reusing without much thought. What was fine five years ago may not be fine now. 4. Your terms and conditions, and your privacy policy If your business sells, quotes, or collects customer information, particularly online, these documents do more heavy lifting than most owners realise. Good terms and conditions help you get paid, set out what you're responsible for (and what you're not), and give you something solid to stand on when a customer disputes an invoice. Your privacy policy matters more than it used to as well; even where the Privacy Act doesn't strictly apply, customers increasingly expect it. Businesses are facing increasing scrutiny around how they collect, store and use personal information. A privacy policy copied from another website years ago is unlikely to reflect what you're actually doing today. Following the rise in cyber incidents and data breaches, customers and regulators alike expect businesses to understand what information they hold, how it's protected and who has access to it. If your privacy policy doesn't accurately reflect your practices, it's probably time for a review. 5. Your succession plan and powers of attorney Here's a question most owners avoid: what happens to the business if you can't be there to run it, for a fortnight, or for good? Who signs off on EFT payments & wages? Who deals with the bank? Who makes decisions? Who keeps the lights on? For many businesses, key client relationships, banking authorities and operational knowledge sit with one or two people. If that person suddenly becomes unavailable, the disruption can be immediate. For companies, this usually needs to work alongside your constitution as an attorney can't simply step into a director's shoes, which is why the documents need to be designed together. A properly prepared enduring power of attorney, together with a clear succession plan, can help ensure someone has authority to manage key business affairs if you're unable to do so. It's not a pleasant thing to think about, which is exactly why so few people have it sorted. Before moving on, it is worth asking yourself a few simple questions: Do your ownership documents still reflect your current business structure? Have your employment and contractor agreements been reviewed in the last few years? Have your terms and conditions kept pace with the way your business now operates Does your privacy policy accurately reflect how you collect and use personal information? Would someone know how to keep the business running if you were suddenly unavailable? If you answered "no", or even "I'm not sure", to any of those questions, it may be time for a review. Don't try to fix everything at once. If that list feels like a lot, don't worry. You don't need a full legal audit, and you certainly don't need to do everything at once. Pick one document this quarter and have it reviewed. For most established businesses, ownership documents are often the best place to start because they help protect the thing you've spent years building. Many business owners are surprised by how much has changed since those documents were first signed. A short review now is usually far easier, and far less expensive, than dealing with a problem after it arises. The businesses that handle these issues well are not necessarily the ones with the thickest folders. They are the ones that occasionally stop and make sure their paperwork still reflects the reality of how the business operates today. Not sure whether your key business documents still hold up? Pick one and let our commercial team take a look this quarter. A short review now can save a great deal of trouble later. Contact CJM Lawyers on 1300 245 299 or commercial@cjmlaw.com.au .
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