Queensland Law Society

Property law review – comments invited

The Commercial and Property Law Research Centre of the Queensland University of Technology (QUT) is undertaking a review of Queensland’s property laws for the Queensland Government.

The review includes an examination of issues arising under legislation governing ownership, use and dealings in real property in Queensland including the Property Law Act 1974 (Qld) and Body Corporate and Community Management Act 1997 (Qld), and other community titles legislation.

The recently released papers are:

  1. Property law review – Lot entitlements under the Body Corporate and Community Management Act 1997 – Final recommendation – a new system is recommended for all bodies corporate to use in dividing body corporate costs between lot owners. The report also recommends that the use of contribution schedule lot entitlements be discontinued.
  2. Property Law Act 1974 Review – Issues Paper 3 – Part 10 (Incorporeal hereditaments and appurtenant rights), Part 11A (Rights of way), Part 13 (Powers of appointment), Part 14 (Perpetuities and accumulations), Part 17 (Apportionment).
  3. Property Law Act 1974 Review – Issues Paper 4 – Part 5 (Co-ownership), Part 7 (Mortgages), Part 11 (Encroachment and Mistake).
  4. Property Law Act 1974 Review – Issues Paper 5 – Part 12 (Equitable interests and things in action), Part 15 (Corporations), Part 16 (Voidable Dispositions), Part 18 (Unregistered Land), Part 19 (Property - de facto relationships) and Part 20 (Miscellaneous).

Consultation is under way. Interested practitioners are invited to send any comments on the papers to advocacy@qls.com.au by Wednesday 16 November 2016 for consideration as part of a QLS submission.