Skip to content
  • Home
  • About Us
    • About Us
    • Meet the Team
  • Practice Areas
    • Commercial & Business
      • Commercial & Business Law
      • Business Partnership Disputes
      • Building & Construction Law
    • Family Law
      • Family Law
      • Family Law Involving Business
    • Wills + Estates
      • Wills + Estates Overview
      • Wills + Planning
      • Managing an Estate
      • Will + Estate Disputes
    • Conveyancing
      • Conveyancing + Property Law
      • Conveyancing Quote
      • Real Estate Agents
    • Criminal + Litigation
      • Litigation
      • Criminal + Traffic Law
  • Resources
    • Advice + Articles
    • Free Legal Health Check
    • Legal Fees & Costs
    • Help Choosing a Law Firm
    • 10 Awkward Questions
  • Contact Us
  • Home
  • About Us
    • About Us
    • Meet the Team
  • Practice Areas
    • Commercial & Business
      • Commercial & Business Law
      • Business Partnership Disputes
      • Building & Construction Law
    • Family Law
      • Family Law
      • Family Law Involving Business
    • Wills + Estates
      • Wills + Estates Overview
      • Wills + Planning
      • Managing an Estate
      • Will + Estate Disputes
    • Conveyancing
      • Conveyancing + Property Law
      • Conveyancing Quote
      • Real Estate Agents
    • Criminal + Litigation
      • Litigation
      • Criminal + Traffic Law
  • Resources
    • Advice + Articles
    • Free Legal Health Check
    • Legal Fees & Costs
    • Help Choosing a Law Firm
    • 10 Awkward Questions
  • Contact Us
Advice & Articles

E-Property Laws – Proposed Property Law Bill 2023 Summary

  • Published: 26 April 2023
  • Last Updated: 22 May 2024
It is proposed that the Property Law Bill 2023 will replace the current Property Law Act 1974 (PLA).
So what does that mean in regards property ?  Below are some takeaways. If you deal with property matters, then it pays to keep up. Knowledge is power in the property industry.

Settlement day and everything goes wrong – what then?

Update on e-conveyancing

What happens if computer says no on settlement day?

Deed updates


Adverse conditions on settlement day

Section 81 Bill provides for settlement issues when parties are unable to settle due to an adverse event on the date (such as a significant weather event, public health emergency, act of terrorism, war or a similar event). The issue of inoperative computer systems is addressed (sections 79 and 80). The Bill ensures consistency between paper-based and electronic transactions.

 

E-conveyancing

Provisions which no longer work, due to changes in titling and/or conveyancing practice, have not been re-enacted in the Bill–for example, Property Law Act 1974 Qld s 61 Conditions of sale of land (1)(a), (c),(1A).

 

(1) Under a contract for the sale of registered land the purchaser shall be entitled at the cost of the vendor—

 

(a) to receive from the vendor sufficient particulars of title to enable the purchaser to prepare the appropriate instrument to give effect to the contract; and . . .

(c) to have the relevant certificate of title or other document of title lodged by the vendor in the land registry to enable the instrument to be registered; and

 

(1A)  However, as to any such objection which the purchaser ought to have raised on the particulars or abstract, or upon the investigation of the title, or which arises from the purchaser’s own act, default, or omission, the purchaser shall not be entitled to have the same removed except at the purchaser’s own cost.

Part 6 of the Bill (Deeds and Covenants) deals with the validity of electronic signatures and electronic documents. There was no need to include general provisions because the Electronic Transactions (Queensland) Act 2001 already deals with those issues.

 

Deeds and Dates

The provisions relating to the delivery of deeds that were introduced as temporary measures during COVID-19 are now adopted as permanent changes. The more important of these are

 

  • deeds may be in electronic form: s 46D Property Law Act 1972 Qld (PLA)
  • deeds do not have to be sealed: s 46C(2)(c) PLA
  • a witness is not required; an individual can sign a deed alone (or authorise an agent to sign it): s 46E PLA

Section 60 abolishes the rule in Pigot’s case (common law rule that may render certain deeds void if they are altered after the deed is executed).

 

The Limitations of Actions Act 1974 (Qld) is amended so that the limitation period for deeds entered into after commencement is reduced from 12 years to 6 years.

Indemnities and Guarantees can be digital

The Bill extends the “have to be in writing” rule to include those digitally signed as per section 14 Electronic Transactions (Queensland) Act.


Legal update on the Proposed Property Law Bill 2023

The Property Law Bill (Qld) 2023 was introduced to Queensland Parliament on 23 February 2023 – The Scheme is a significant change to conveyancing in Queensland and it will be vital that people in the industry are familiar with it.  The proposed bill is over 120 pages long so we’ve summarised some key points.

  • E-Property Laws
  • Instalment Contracts
  • Land Lotto – are you entitled to land?
  • Leases
  • Mortgages
  • Seller Disclosure Scheme

 

Please contact us if you have any questions in relation to this matter or if we can assist you with any other legal matter. We have offices across South East Queensland with the capability to work electronically through Queensland and Australia.

 

Call us on 1300 334 566 or email info@bcglaw.com.au and safeguard your interests every step of the way- We are your legal problem solvers.

Legal update on the Proposed Property Law Bill 2023 The Property Law Bill (Qld) 2023 was introduced to Queensland Parliament on 23 February 2023 – The proposed bill is over 120 pages long. We’ve summarised some key points.

Related Articles

Inheriting Property: A Guide to Dealing with Real Estate in Deceased Estates in Queensland- Legal Advice

This detailed guide provides essential legal clarity for anyone considering buying an apartment or house off-the-plan in Queensland. We break down the process of off-the-plan conveyancing, explain the legal implications of sunset clauses and the circumstances under which a developer can terminate, and outline the new deposit protections introduced by the Property Law Act 2023 (Qld). Learn how to check the developer's finances and what happens if the development is delayed or the building plans change before settlement. This is vital reading to help protect your investment and ensure your contract is legally sound.

Buying Off-the-Plan in Queensland: A Guide to Conveyancing, Sunset Clauses, and the Property Law Act

Signs of a Bad Lawyer: Red Flags & When to Switch Legal Representation

Bennett Carroll Settlement Guarantee Gives Peace of Mind- Conveyancing

Meth-screening for landlords, property managers and buyers

Meth-screening for landlords, property managers and buyers – Conveyancing & Real Estate Law

Instalment Contracts in Queensland: A Comprehensive Guide to Real Estate Transactions

This information is provided for general informational purposes only and does not constitute legal advice. Please consult with a qualified lawyer for advice regarding your specific situation.

PrevPreviousYoutube Series- Open AI vs Real Lawyer
NextInstalment Contracts- Proposed Property Law Bill 2023 SummaryNext
Serving Clients Across Queensland
Bennett Carroll Solicitors is a proud member of the Queensland Law Society (QLS)

Practice areas

  • Commercial + Business
  • Litigation
  • Family Law
  • Wills + Estates
  • Conveyancing
  • Building + Construction Law
  • Criminal + Traffic

learn more

  • About Us
  • Meet the Team
  • Advice + Articles
  • Contact Us
  • LinkedIn
  • Instagram
  • Facebook

Our Office Locations in SEQ - click to view

  • Brisbane North - Stafford
  • Brisbane South - Upper Mount Gravatt
  • Sunshine Coast - Kawana Waters
  • Gold Coast - Mermaid Beach
  • Ipswich- By Appointment Only
  • Brisbane Central- By Appointment Only

Get In Touch

  • 1300 334 566
  • Click to Email
  • 8.30am - 5pm Monday - Friday
  • Chat With Us (Bottom of this page)
  • Bennett Carroll Solicitors
  • 1300 334 566
Copyright 2025 © Bennett Carroll. All rights reserved.