Queensland Sunset Dates – The Pursuit of Fairness
October 2024 Edition
Long has buying a house, unit or land ‘off the plan’ been commonplace in Queensland. The pressure of increasing demand and a supply that is struggling to keep pace necessitate forms of home acquisition that are not necessarily commonplace in years gone by. However, with no end in sight to the desire to live in the Sunshine State, and enjoy the lifestyle that it has to offer, failing some miraculous materialisation of new homes, off the plan purchases are more than likely here to stay, and indeed, become more and more the norm.
What is it to Purchase ‘Off the Plan’?
To buy a home ‘off the plan’ is to enter into a contract to purchase a lot prior to it being registered with the Queensland Department of Resources as an individual property. In other words, the contract will describe the lot as a ‘proposed lot’ contained within a larger parcel of land, usually shown on a proposed plan of subdivision of the larger parcel.
There are certainly advantages of purchasing ‘off the plan’, it is certainly normal that the purchase price is likely less than if the lot was its own standalone lot as at the contract date. It is, perhaps, accurate to say that a more interdependent relationship is created between the seller and the buyer, as the seller likely needs to show their financiers the contracts for the subdivided lots in order for their funding to be approved and received. Thus, through this relationship both parties are placed in an advantageous position though the buyer’s willingness to be bound to purchase prior to registration, and the seller’s willingness to account for the buyer’s investment into their project, usually in its infancy.
The drawbacks are likely obvious. The primary to be addressed is the uncertainty as to timing. As a lot of work needs to be done to register a subdivision into the individual lots, no certain date may be provided for when the buyer will become the owner of the lot. From a legal perspective, this is expressed that settlement will occur a set number of days after the seller has completed certain key milestones up to the creation of the proposed lot as a standalone parcel whose ownership is capable of being transferred to the buyer.
What is a Sunset Date?
A sunset date is a date by which all of the key milestones must be achieved, and in practice, is the determining factor to the last day that settlement may occur.
The State of Queensland has statutory limits on the maximum time after the contract date that a sunset date may be:
- If you are purchasing within a community titles scheme (being units, apartments, townhouses etc.), then it is five and a half years after the contract date; or
- If you are purchasing land, then it is eighteen months after the contract date.
Usually, contracts contain the provision that if settlement does not occur by the above, or shorter dates, then either party may rescind the contract, with any deposit to be returned to the buyer.
An Opportunity for the Unscrupulous
Sadly, it is human nature that some may seek to take unfair advantage of the operation of the law for mercenary or other reasons. This is certainly not; however, to say that all or even anywhere near the majority of sellers of off the plan lots would do so.
In recent times, the ability for a seller to terminate contracts after the sunset date has been put under the magnifying glass of public opinion. It is a fact that housing prices in Queensland have risen dramatically over a short period of years, and a lot that was previously marketable at one price may now be saleable for hundreds of thousands more.
The accusation that we have heard countless times is that a seller may be unjustly delaying the creation of the individual lots in order to exercise their sunset date rights, and resell at a far greater profit.
Once more, this is not all sellers, but a very small minority.
Protections to Buyers
Hearing the attention being given to this legal space, on 22 November 2023, the Queensland Government enacted some statutory protections to buyers of off the plan land (but not units). From its enaction, and applying to any off the plan land contract entered into but not settled prior to 22 November 2023, a seller may not terminate the contract unless they have obtained either:
- The consent of the buyer; or
- An order from the Court allowing for the termination, which would necessitate the seller proving that it has done all things reasonably possible and that it would be just and equitable to terminate the contract.
To reiterate, this only applies to off the plan land, not units. When such protections are to be allowed to unit buyers is not within our knowledge.
Moving Forward
Sunset dates and clauses allowing for their operation are one of, if not the, most nuanced aspects of off the plan sales contracts. Care should be taken both as a buyer and as a seller in their drafting and understanding prior to entering into a contract.
Our offices have extensive experience in acting for both sellers and buyers of off the plan lots, and if you are considering being either we would be pleased to offer our assistance and ensure that you fully understand the terms of these contracts and are an educated buyer or seller.
Disclaimer: This article is for general understanding and should not be used as a substitute for professional legal advice. Any reliance on the information is strictly at the user's risk, and there is no intention to create a lawyer-client relationship from this general communication.
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Our Latest Story
By October 2026 Edition
•
8 October 2026
Cash flow pressure, overdue tax and unpaid suppliers can build gradually, leaving company directors unsure whether the business is experiencing a temporary setback or may be insolvent. Recognising the warning signs and seeking advice early may preserve more options and help directors reduce their personal risk. A company is generally insolvent when it cannot pay its debts as and when they fall due. Financial difficulty does not always mean a business must close, but delays in seeking advice can reduce the restructuring options available, increase business losses and expose company directors to greater personal risk. Business Owner vs Company Director: What’s the Difference? A business owner is someone who owns all or part of a business, while a company director is formally appointed to manage a company and has specific legal responsibilities. In many small businesses, the owner is also a director, but this is not always the case – for example, a sole trader is a business owner but not a company director. Company directors are expected to stay informed about the company’s financial position and take action when warning signs emerge. Ignoring the problem or continuing to incur debts without a realistic ability to pay them may expose directors to serious consequences. Common Warning Signs of Insolvency Warning signs may include ongoing losses, poor cash flow, overdue tax or superannuation, suppliers being paid outside normal terms, increasing debt, difficulty collecting money owed to the business, reliance on personal funds, incomplete financial records, payment arrangements with selected creditors, demands or court documents and suppliers moving the company to cash-on-delivery terms. No single warning sign necessarily proves insolvency. However, directors should seek an immediate review of the company’s financial position when several signs occur together, debts cannot be paid on time or the company is relying on new borrowing or personal funds to meet existing obligations. What Are a Company Director’s Responsibilities? Company directors must understand the company’s operations and financial position, ensure proper records are kept and prevent the company from trading while insolvent. If insolvency is suspected, directors should investigate promptly and obtain appropriate accounting and legal advice. Directors should not rely solely on current bank balances. Cash flow forecasts, debts falling due, tax obligations, employee entitlements, available finance and the realistic recoverability of money owed to the company may all be relevant. What Can Happen If a Company Trades While Insolvent? Continuing to incur debts while insolvent can lead to civil penalties, compensation claims and, in serious cases, criminal consequences. Directors may also face scrutiny over transactions made shortly before an external administration, including payments that unfairly favour one creditor or transfers that remove company assets for less than their true value. What Should Company Directors Do First? Company directors should bring the company’s financial records up to date, prepare a realistic cash flow forecast and identify debts that are already overdue or will shortly fall due. This information can help professional advisers assess whether the company can continue trading and which restructuring or external administration options may remain available. Directors should also avoid selectively paying creditors or transferring assets without advice, as those transactions may later be challenged. Professional advice should be sought before entering new commitments, using personal funds, granting security, selling assets or agreeing to arrangements that may affect creditors. Could the Business Be Restructured? Depending on the company’s circumstances, options may include informal negotiations with creditors, safe harbour planning, small business restructuring, voluntary administration or liquidation. The most appropriate pathway will depend on whether the underlying business is viable, the level and type of debt, available assets and the support of key stakeholders. Early advice is important because some options require careful planning and may no longer be available once the company has exhausted its cash or creditor support. How CJM Lawyers Can Help CJM Lawyers can advise company directors experiencing financial distress, assess legal risk, explain restructuring and external administration options and work alongside accountants and registered insolvency practitioners. We can also assist with creditor negotiations, statutory demands, court proceedings and disputes involving liquidators or company transactions. If your company is struggling to pay debts when they fall due, has overdue tax or superannuation, or is relying on personal funds to meet ongoing expenses, contact CJM Lawyers early. Timely advice may help clarify whether the company is insolvent, preserve restructuring options and reduce the risk of the situation becoming more difficult to manage. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
By October 2026 Edition
•
8 October 2026
Received a termination notice from your developer? Before accepting a refund or assuming the contract is over, take steps to protect your position. When an off-the-plan development is delayed, a developer may seek to end the sale contract by relying on a sunset clause or another contractual right. The notice can appear final, but whether the termination is valid will depend on the contract, the circumstances surrounding the delay and the steps taken by each party. CJM Lawyers recently acted for a purchaser in successfully disputing a developer’s attempt to terminate an off-the-plan contract relating to the Chevron One development on the Gold Coast. The Queensland Supreme Court declared the contracts valid and binding, verifying why buyers should obtain advice before treating a termination notice as the end of a matter. 1. Do Not Immediately Accept a Refund or Sign Further Documents Accepting the return of your deposit, signing a release or agreeing that the contract has ended may affect the options available to you. Before responding, seek legal advice about what the notice means and whether the developer has a valid right to terminate. 2. Check the Deadline for Responding The notice or contract may contain strict timeframes. Record the date the notice was received and arrange an urgent review so that any response, objection or court application can be considered before a deadline passes. 3. Gather the Contract and All Supporting Documents Locate the signed contract, disclosure material, variations, extension notices, emails, letters and any updates about construction or registration. These documents can help establish what the parties agreed, what caused the delay and whether the required process was followed. 4. Review the Sunset Clause and Termination Wording A sunset date passing does not necessarily mean a developer can automatically cancel. The exact wording of the contract, any notice requirements and the relevant law must be considered together. 5. Create a Timeline of the Development Prepare a simple timeline recording key dates, promised completion dates, extensions, reported causes of delay and communications from the developer. This can help us assess whether the developer contributed to the delay or complied with its obligations. 6. Be Clear About the Outcome You Want Some buyers want the contract to remain on foot so they can complete the purchase. Others may prefer to exit and recover their deposit. Your preferred outcome will help shape the legal and commercial strategy. 7. Obtain Legal Advice Early Early advice can help you understand whether the termination is likely to be valid, identify urgent steps and avoid actions that could weaken your position. Depending on the circumstances, options may include disputing the notice, negotiating with the developer or seeking court orders. How CJM Lawyers Can Help CJM Lawyers can review your off-the-plan contract, termination notice and supporting documents, explain your options and communicate with the developer on your behalf. Our Litigation team can also represent you in negotiations and court proceedings where necessary. If a developer is trying to cancel your off-the-plan contract, contact CJM Lawyers before accepting a refund, signing further documents or walking away from a property you still want to secure. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
By September 2026 Edition
•
10 September 2026
Bought off-the-plan and the developer is trying to cancel your contract? Don’t assume it’s the end of the road. Buying property is exciting, but buying off the plan comes with a unique risk: you are committing to a home or investment before it has been built. If completion is delayed and the developer later tries to walk away from the contract, buyers can be left uncertain about their rights, their deposit and the property they hoped to secure. That issue was recently considered by the Queensland Supreme Court in a case involving Chevron One Apartments on the Gold Coast, Queensland. CJM Lawyers acted for one of the purchasers in successfully disputing the developer’s right to terminate. The Court declared the contracts valid and binding, reinforcing an important message for buyers: if you receive a termination notice, it is worth getting legal advice before assuming your contract is over. What Is an Off-the-Plan Property? An off-the-plan property is a property purchased before construction is complete. Instead of buying an existing apartment, townhouse or home, the buyer enters into a contract based on plans, specifications and development documents. This type of purchase can appeal to buyers who want to secure a property early, plan a future move, arrange finance over time or invest before a project is complete. However, because construction and registration can take months or even years, off-the-plan contracts often include strict timelines and conditions that buyers need to understand before settlement. What Is a Sunset Clause? A sunset clause sets a deadline for important steps in a development to be completed. In an off-the-plan contract, this may include registration of the plan, creation of title, completion of construction or settlement. If the deadline passes and the required steps have not happened, the contract may give one or both parties a right to end the contract. However, that right is not always automatic – especially where a developer is relying on the clause to cancel the contract. The wording of the contract, the reason for the delay and any relevant legal requirements all need to be carefully considered. A Recent Win for Property Buyers CJM Lawyers recently acted for one of the purchasers in Supreme Court proceedings concerning the Chevron One development on the Gold Coast. The purchasers had entered into off-the-plan contracts in 2021, with settlement to occur by dates set several years later. When those dates passed, the developer sought to end the contracts. The buyers refused to accept the terminations and took the matter to the Supreme Court. CJM Lawyers acted for one of the purchasers in successfully disputing the developer’s right to terminate. The Queensland Supreme Court declared the contracts valid and binding. Critically, the Court found no basis for allowing the developer to benefit from its own breach of contract. The developer's attempt to point to pandemic-related supply chain disruptions as justification for termination was also rejected. What Should Buyers Do If a Developer Tries to Terminate? If a developer sends you a sunset clause termination notice, do not assume your contract is over. Whether the termination is valid may depend on the wording of the contract, the reason for the delay, the timing of the notice and the steps taken by each party. You should seek legal advice as soon as possible if your development has experienced lengthy delays, you have received a termination notice, a developer is relying on a sunset clause, or you are unsure whether your contract is still binding. Getting advice early can help you understand your rights before you accept a refund, sign documents or make decisions that may affect your legal position. How CJM Lawyers Can Help CJM Lawyers can assist buyers with off-the-plan property disputes, sunset clause issues and proposed contract terminations. Our Litigation team can review your contract and supporting documents, assess whether a termination is likely to be valid, explain your options, negotiate with developers and represent you in court proceedings where necessary. If your developer is trying to cancel your off-the-plan contract, speak with CJM Lawyers before accepting a refund, signing further documents or walking away from a property you still want to secure. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
Our Latest Story
By October 2026 Edition
•
8 October 2026
Cash flow pressure, overdue tax and unpaid suppliers can build gradually, leaving company directors unsure whether the business is experiencing a temporary setback or may be insolvent. Recognising the warning signs and seeking advice early may preserve more options and help directors reduce their personal risk. A company is generally insolvent when it cannot pay its debts as and when they fall due. Financial difficulty does not always mean a business must close, but delays in seeking advice can reduce the restructuring options available, increase business losses and expose company directors to greater personal risk. Business Owner vs Company Director: What’s the Difference? A business owner is someone who owns all or part of a business, while a company director is formally appointed to manage a company and has specific legal responsibilities. In many small businesses, the owner is also a director, but this is not always the case – for example, a sole trader is a business owner but not a company director. Company directors are expected to stay informed about the company’s financial position and take action when warning signs emerge. Ignoring the problem or continuing to incur debts without a realistic ability to pay them may expose directors to serious consequences. Common Warning Signs of Insolvency Warning signs may include ongoing losses, poor cash flow, overdue tax or superannuation, suppliers being paid outside normal terms, increasing debt, difficulty collecting money owed to the business, reliance on personal funds, incomplete financial records, payment arrangements with selected creditors, demands or court documents and suppliers moving the company to cash-on-delivery terms. No single warning sign necessarily proves insolvency. However, directors should seek an immediate review of the company’s financial position when several signs occur together, debts cannot be paid on time or the company is relying on new borrowing or personal funds to meet existing obligations. What Are a Company Director’s Responsibilities? Company directors must understand the company’s operations and financial position, ensure proper records are kept and prevent the company from trading while insolvent. If insolvency is suspected, directors should investigate promptly and obtain appropriate accounting and legal advice. Directors should not rely solely on current bank balances. Cash flow forecasts, debts falling due, tax obligations, employee entitlements, available finance and the realistic recoverability of money owed to the company may all be relevant. What Can Happen If a Company Trades While Insolvent? Continuing to incur debts while insolvent can lead to civil penalties, compensation claims and, in serious cases, criminal consequences. Directors may also face scrutiny over transactions made shortly before an external administration, including payments that unfairly favour one creditor or transfers that remove company assets for less than their true value. What Should Company Directors Do First? Company directors should bring the company’s financial records up to date, prepare a realistic cash flow forecast and identify debts that are already overdue or will shortly fall due. This information can help professional advisers assess whether the company can continue trading and which restructuring or external administration options may remain available. Directors should also avoid selectively paying creditors or transferring assets without advice, as those transactions may later be challenged. Professional advice should be sought before entering new commitments, using personal funds, granting security, selling assets or agreeing to arrangements that may affect creditors. Could the Business Be Restructured? Depending on the company’s circumstances, options may include informal negotiations with creditors, safe harbour planning, small business restructuring, voluntary administration or liquidation. The most appropriate pathway will depend on whether the underlying business is viable, the level and type of debt, available assets and the support of key stakeholders. Early advice is important because some options require careful planning and may no longer be available once the company has exhausted its cash or creditor support. How CJM Lawyers Can Help CJM Lawyers can advise company directors experiencing financial distress, assess legal risk, explain restructuring and external administration options and work alongside accountants and registered insolvency practitioners. We can also assist with creditor negotiations, statutory demands, court proceedings and disputes involving liquidators or company transactions. If your company is struggling to pay debts when they fall due, has overdue tax or superannuation, or is relying on personal funds to meet ongoing expenses, contact CJM Lawyers early. Timely advice may help clarify whether the company is insolvent, preserve restructuring options and reduce the risk of the situation becoming more difficult to manage. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
By October 2026 Edition
•
8 October 2026
Received a termination notice from your developer? Before accepting a refund or assuming the contract is over, take steps to protect your position. When an off-the-plan development is delayed, a developer may seek to end the sale contract by relying on a sunset clause or another contractual right. The notice can appear final, but whether the termination is valid will depend on the contract, the circumstances surrounding the delay and the steps taken by each party. CJM Lawyers recently acted for a purchaser in successfully disputing a developer’s attempt to terminate an off-the-plan contract relating to the Chevron One development on the Gold Coast. The Queensland Supreme Court declared the contracts valid and binding, verifying why buyers should obtain advice before treating a termination notice as the end of a matter. 1. Do Not Immediately Accept a Refund or Sign Further Documents Accepting the return of your deposit, signing a release or agreeing that the contract has ended may affect the options available to you. Before responding, seek legal advice about what the notice means and whether the developer has a valid right to terminate. 2. Check the Deadline for Responding The notice or contract may contain strict timeframes. Record the date the notice was received and arrange an urgent review so that any response, objection or court application can be considered before a deadline passes. 3. Gather the Contract and All Supporting Documents Locate the signed contract, disclosure material, variations, extension notices, emails, letters and any updates about construction or registration. These documents can help establish what the parties agreed, what caused the delay and whether the required process was followed. 4. Review the Sunset Clause and Termination Wording A sunset date passing does not necessarily mean a developer can automatically cancel. The exact wording of the contract, any notice requirements and the relevant law must be considered together. 5. Create a Timeline of the Development Prepare a simple timeline recording key dates, promised completion dates, extensions, reported causes of delay and communications from the developer. This can help us assess whether the developer contributed to the delay or complied with its obligations. 6. Be Clear About the Outcome You Want Some buyers want the contract to remain on foot so they can complete the purchase. Others may prefer to exit and recover their deposit. Your preferred outcome will help shape the legal and commercial strategy. 7. Obtain Legal Advice Early Early advice can help you understand whether the termination is likely to be valid, identify urgent steps and avoid actions that could weaken your position. Depending on the circumstances, options may include disputing the notice, negotiating with the developer or seeking court orders. How CJM Lawyers Can Help CJM Lawyers can review your off-the-plan contract, termination notice and supporting documents, explain your options and communicate with the developer on your behalf. Our Litigation team can also represent you in negotiations and court proceedings where necessary. If a developer is trying to cancel your off-the-plan contract, contact CJM Lawyers before accepting a refund, signing further documents or walking away from a property you still want to secure. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
By September 2026 Edition
•
10 September 2026
Bought off-the-plan and the developer is trying to cancel your contract? Don’t assume it’s the end of the road. Buying property is exciting, but buying off the plan comes with a unique risk: you are committing to a home or investment before it has been built. If completion is delayed and the developer later tries to walk away from the contract, buyers can be left uncertain about their rights, their deposit and the property they hoped to secure. That issue was recently considered by the Queensland Supreme Court in a case involving Chevron One Apartments on the Gold Coast, Queensland. CJM Lawyers acted for one of the purchasers in successfully disputing the developer’s right to terminate. The Court declared the contracts valid and binding, reinforcing an important message for buyers: if you receive a termination notice, it is worth getting legal advice before assuming your contract is over. What Is an Off-the-Plan Property? An off-the-plan property is a property purchased before construction is complete. Instead of buying an existing apartment, townhouse or home, the buyer enters into a contract based on plans, specifications and development documents. This type of purchase can appeal to buyers who want to secure a property early, plan a future move, arrange finance over time or invest before a project is complete. However, because construction and registration can take months or even years, off-the-plan contracts often include strict timelines and conditions that buyers need to understand before settlement. What Is a Sunset Clause? A sunset clause sets a deadline for important steps in a development to be completed. In an off-the-plan contract, this may include registration of the plan, creation of title, completion of construction or settlement. If the deadline passes and the required steps have not happened, the contract may give one or both parties a right to end the contract. However, that right is not always automatic – especially where a developer is relying on the clause to cancel the contract. The wording of the contract, the reason for the delay and any relevant legal requirements all need to be carefully considered. A Recent Win for Property Buyers CJM Lawyers recently acted for one of the purchasers in Supreme Court proceedings concerning the Chevron One development on the Gold Coast. The purchasers had entered into off-the-plan contracts in 2021, with settlement to occur by dates set several years later. When those dates passed, the developer sought to end the contracts. The buyers refused to accept the terminations and took the matter to the Supreme Court. CJM Lawyers acted for one of the purchasers in successfully disputing the developer’s right to terminate. The Queensland Supreme Court declared the contracts valid and binding. Critically, the Court found no basis for allowing the developer to benefit from its own breach of contract. The developer's attempt to point to pandemic-related supply chain disruptions as justification for termination was also rejected. What Should Buyers Do If a Developer Tries to Terminate? If a developer sends you a sunset clause termination notice, do not assume your contract is over. Whether the termination is valid may depend on the wording of the contract, the reason for the delay, the timing of the notice and the steps taken by each party. You should seek legal advice as soon as possible if your development has experienced lengthy delays, you have received a termination notice, a developer is relying on a sunset clause, or you are unsure whether your contract is still binding. Getting advice early can help you understand your rights before you accept a refund, sign documents or make decisions that may affect your legal position. How CJM Lawyers Can Help CJM Lawyers can assist buyers with off-the-plan property disputes, sunset clause issues and proposed contract terminations. Our Litigation team can review your contract and supporting documents, assess whether a termination is likely to be valid, explain your options, negotiate with developers and represent you in court proceedings where necessary. If your developer is trying to cancel your off-the-plan contract, speak with CJM Lawyers before accepting a refund, signing further documents or walking away from a property you still want to secure. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
Our Latest Story
By October 2026 Edition
•
8 October 2026
Cash flow pressure, overdue tax and unpaid suppliers can build gradually, leaving company directors unsure whether the business is experiencing a temporary setback or may be insolvent. Recognising the warning signs and seeking advice early may preserve more options and help directors reduce their personal risk. A company is generally insolvent when it cannot pay its debts as and when they fall due. Financial difficulty does not always mean a business must close, but delays in seeking advice can reduce the restructuring options available, increase business losses and expose company directors to greater personal risk. Business Owner vs Company Director: What’s the Difference? A business owner is someone who owns all or part of a business, while a company director is formally appointed to manage a company and has specific legal responsibilities. In many small businesses, the owner is also a director, but this is not always the case – for example, a sole trader is a business owner but not a company director. Company directors are expected to stay informed about the company’s financial position and take action when warning signs emerge. Ignoring the problem or continuing to incur debts without a realistic ability to pay them may expose directors to serious consequences. Common Warning Signs of Insolvency Warning signs may include ongoing losses, poor cash flow, overdue tax or superannuation, suppliers being paid outside normal terms, increasing debt, difficulty collecting money owed to the business, reliance on personal funds, incomplete financial records, payment arrangements with selected creditors, demands or court documents and suppliers moving the company to cash-on-delivery terms. No single warning sign necessarily proves insolvency. However, directors should seek an immediate review of the company’s financial position when several signs occur together, debts cannot be paid on time or the company is relying on new borrowing or personal funds to meet existing obligations. What Are a Company Director’s Responsibilities? Company directors must understand the company’s operations and financial position, ensure proper records are kept and prevent the company from trading while insolvent. If insolvency is suspected, directors should investigate promptly and obtain appropriate accounting and legal advice. Directors should not rely solely on current bank balances. Cash flow forecasts, debts falling due, tax obligations, employee entitlements, available finance and the realistic recoverability of money owed to the company may all be relevant. What Can Happen If a Company Trades While Insolvent? Continuing to incur debts while insolvent can lead to civil penalties, compensation claims and, in serious cases, criminal consequences. Directors may also face scrutiny over transactions made shortly before an external administration, including payments that unfairly favour one creditor or transfers that remove company assets for less than their true value. What Should Company Directors Do First? Company directors should bring the company’s financial records up to date, prepare a realistic cash flow forecast and identify debts that are already overdue or will shortly fall due. This information can help professional advisers assess whether the company can continue trading and which restructuring or external administration options may remain available. Directors should also avoid selectively paying creditors or transferring assets without advice, as those transactions may later be challenged. Professional advice should be sought before entering new commitments, using personal funds, granting security, selling assets or agreeing to arrangements that may affect creditors. Could the Business Be Restructured? Depending on the company’s circumstances, options may include informal negotiations with creditors, safe harbour planning, small business restructuring, voluntary administration or liquidation. The most appropriate pathway will depend on whether the underlying business is viable, the level and type of debt, available assets and the support of key stakeholders. Early advice is important because some options require careful planning and may no longer be available once the company has exhausted its cash or creditor support. How CJM Lawyers Can Help CJM Lawyers can advise company directors experiencing financial distress, assess legal risk, explain restructuring and external administration options and work alongside accountants and registered insolvency practitioners. We can also assist with creditor negotiations, statutory demands, court proceedings and disputes involving liquidators or company transactions. If your company is struggling to pay debts when they fall due, has overdue tax or superannuation, or is relying on personal funds to meet ongoing expenses, contact CJM Lawyers early. Timely advice may help clarify whether the company is insolvent, preserve restructuring options and reduce the risk of the situation becoming more difficult to manage. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
By October 2026 Edition
•
8 October 2026
Received a termination notice from your developer? Before accepting a refund or assuming the contract is over, take steps to protect your position. When an off-the-plan development is delayed, a developer may seek to end the sale contract by relying on a sunset clause or another contractual right. The notice can appear final, but whether the termination is valid will depend on the contract, the circumstances surrounding the delay and the steps taken by each party. CJM Lawyers recently acted for a purchaser in successfully disputing a developer’s attempt to terminate an off-the-plan contract relating to the Chevron One development on the Gold Coast. The Queensland Supreme Court declared the contracts valid and binding, verifying why buyers should obtain advice before treating a termination notice as the end of a matter. 1. Do Not Immediately Accept a Refund or Sign Further Documents Accepting the return of your deposit, signing a release or agreeing that the contract has ended may affect the options available to you. Before responding, seek legal advice about what the notice means and whether the developer has a valid right to terminate. 2. Check the Deadline for Responding The notice or contract may contain strict timeframes. Record the date the notice was received and arrange an urgent review so that any response, objection or court application can be considered before a deadline passes. 3. Gather the Contract and All Supporting Documents Locate the signed contract, disclosure material, variations, extension notices, emails, letters and any updates about construction or registration. These documents can help establish what the parties agreed, what caused the delay and whether the required process was followed. 4. Review the Sunset Clause and Termination Wording A sunset date passing does not necessarily mean a developer can automatically cancel. The exact wording of the contract, any notice requirements and the relevant law must be considered together. 5. Create a Timeline of the Development Prepare a simple timeline recording key dates, promised completion dates, extensions, reported causes of delay and communications from the developer. This can help us assess whether the developer contributed to the delay or complied with its obligations. 6. Be Clear About the Outcome You Want Some buyers want the contract to remain on foot so they can complete the purchase. Others may prefer to exit and recover their deposit. Your preferred outcome will help shape the legal and commercial strategy. 7. Obtain Legal Advice Early Early advice can help you understand whether the termination is likely to be valid, identify urgent steps and avoid actions that could weaken your position. Depending on the circumstances, options may include disputing the notice, negotiating with the developer or seeking court orders. How CJM Lawyers Can Help CJM Lawyers can review your off-the-plan contract, termination notice and supporting documents, explain your options and communicate with the developer on your behalf. Our Litigation team can also represent you in negotiations and court proceedings where necessary. If a developer is trying to cancel your off-the-plan contract, contact CJM Lawyers before accepting a refund, signing further documents or walking away from a property you still want to secure. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
By September 2026 Edition
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10 September 2026
Bought off-the-plan and the developer is trying to cancel your contract? Don’t assume it’s the end of the road. Buying property is exciting, but buying off the plan comes with a unique risk: you are committing to a home or investment before it has been built. If completion is delayed and the developer later tries to walk away from the contract, buyers can be left uncertain about their rights, their deposit and the property they hoped to secure. That issue was recently considered by the Queensland Supreme Court in a case involving Chevron One Apartments on the Gold Coast, Queensland. CJM Lawyers acted for one of the purchasers in successfully disputing the developer’s right to terminate. The Court declared the contracts valid and binding, reinforcing an important message for buyers: if you receive a termination notice, it is worth getting legal advice before assuming your contract is over. What Is an Off-the-Plan Property? An off-the-plan property is a property purchased before construction is complete. Instead of buying an existing apartment, townhouse or home, the buyer enters into a contract based on plans, specifications and development documents. This type of purchase can appeal to buyers who want to secure a property early, plan a future move, arrange finance over time or invest before a project is complete. However, because construction and registration can take months or even years, off-the-plan contracts often include strict timelines and conditions that buyers need to understand before settlement. What Is a Sunset Clause? A sunset clause sets a deadline for important steps in a development to be completed. In an off-the-plan contract, this may include registration of the plan, creation of title, completion of construction or settlement. If the deadline passes and the required steps have not happened, the contract may give one or both parties a right to end the contract. However, that right is not always automatic – especially where a developer is relying on the clause to cancel the contract. The wording of the contract, the reason for the delay and any relevant legal requirements all need to be carefully considered. A Recent Win for Property Buyers CJM Lawyers recently acted for one of the purchasers in Supreme Court proceedings concerning the Chevron One development on the Gold Coast. The purchasers had entered into off-the-plan contracts in 2021, with settlement to occur by dates set several years later. When those dates passed, the developer sought to end the contracts. The buyers refused to accept the terminations and took the matter to the Supreme Court. CJM Lawyers acted for one of the purchasers in successfully disputing the developer’s right to terminate. The Queensland Supreme Court declared the contracts valid and binding. Critically, the Court found no basis for allowing the developer to benefit from its own breach of contract. The developer's attempt to point to pandemic-related supply chain disruptions as justification for termination was also rejected. What Should Buyers Do If a Developer Tries to Terminate? If a developer sends you a sunset clause termination notice, do not assume your contract is over. Whether the termination is valid may depend on the wording of the contract, the reason for the delay, the timing of the notice and the steps taken by each party. You should seek legal advice as soon as possible if your development has experienced lengthy delays, you have received a termination notice, a developer is relying on a sunset clause, or you are unsure whether your contract is still binding. Getting advice early can help you understand your rights before you accept a refund, sign documents or make decisions that may affect your legal position. How CJM Lawyers Can Help CJM Lawyers can assist buyers with off-the-plan property disputes, sunset clause issues and proposed contract terminations. Our Litigation team can review your contract and supporting documents, assess whether a termination is likely to be valid, explain your options, negotiate with developers and represent you in court proceedings where necessary. If your developer is trying to cancel your off-the-plan contract, speak with CJM Lawyers before accepting a refund, signing further documents or walking away from a property you still want to secure. Disclaimer: This article provides general information only and does not constitute legal advice. The information may not apply to your circumstances and should not be relied on as a substitute for tailored legal advice. If you need advice, please contact CJM Lawyers to speak with one of our legal professionals.
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