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Review of property law in Queensland

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 and the Body Corporate and Community Management Act 1997 and other community titles legislation.

Due to the breadth and complexity of property law in Queensland, the review is being conducted in stages.

Current consultation activities

    Body corporate lot entitlements

    Contribution schedule lot entitlements are used to work out each lot owner’s share of most expenses incurred by their body corporate in operating a community titles scheme. For some time, the principles for setting and adjusting contribution schedule lot entitlements have caused concern and disagreement in a number of community titles schemes.

    After conducting a public consultation process about lot entitlements, QUT has provided a report to the Government setting out a number of findings and recommendations.

    Download a copy of QUT’s Property law review - Lot entitlements under the Body Corporate and Community Management Act 1997 – Final recommendation (PDF, 1MB) report.

    QUT has recommended a new system for all bodies corporate to use in dividing body corporate costs between lot owners. QUT has also recommended that the use of contribution schedule lot entitlements be discontinued.

    Before making any decisions about possible changes to the current laws for apportioning costs in community titles schemes, the Queensland Government would like to hear the views of lot owners, committees, body corporate service professionals and anyone else with an interest in community titles schemes about QUT’s findings and recommendations.

    While you are encouraged to read QUT’s report in full, a consultation guide has been prepared to provide a brief overview of QUT’s key recommendations and to answer frequently asked questions. Download a copy of the Consultation guide to QUT’s Lot entitlements report (PDF, 742KB) .

    How to make a submission about lot entitlements

    You are invited to provide feedback on QUT’s findings and recommendations. The Government is particularly interested in whether you think the recommendations would provide a fair and practical way of dividing body corporate costs between lot owners.

    You may also wish to provide your views on the costs and benefits of the recommendations.

    Consultation closes on 23 December 2016.

    You may lodge your submission by email or post to:

    Email - QUTreviewBCCM@justice.qld.gov.au

    Post
    QUT Review ‐ BCCM
    C/‐ Office of Regulatory Policy
    Department of Justice and Attorney‐General
    GPO Box 3111
    Brisbane QLD 4001

    Property Law Act 1974 Review

    Comments from interested persons are invited on the following Issues Papers prepared by QUT on the topics respectively listed below:

    Issues Paper 3 (PDF, 1.4 MB):

    • Part 10 – Incorporeal hereditaments and appurtenant rights: sections 176, 177, 178, 179, 180 and 181;
    • Part 11A – Rights of Way: section 198A;
    • Part 13 – Powers of appointment: sections 201, 202, 203, 204 and 205;
    • Part 14 – Perpetuities and accumulations : sections 206 – 222;
    • Part 17 – Apportionment: sections 231, 232 and 233’;

    Issues Paper 4 (PDF, 1.5 MB):

    • Part 5 – Co-ownership;
    • Part 7 – Mortgages;
    • Part 11 – Encroachment and Mistake;

    Issues Paper 5 (PDF, 890.0 KB):

    • 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 (except for section 347 – to be considered separately).

    How to make a submission about Issues Papers 3 - 5

    You are invited to provide feedback on the questions in the Issues Papers and whether you think there are other opportunities to improve on the provisions in the parts of the Property Law Act 1974 discussed in these Issues Papers.

    Consultation closes on 13 January 2017.

    You may lodge your submission by email or post to:

    The email address for submissions is: propertylawreview@justice.qld.gov.au

    Alternatively, you can post your submission to:

    Property Law Review
    C/- Strategic Policy
    Department of Justice and Attorney-General
    GPO Box 149
    BRISBANE QLD 4001

    Past consultation activities

    Public consultation is an important part of the review. To inform the review, the following consultation papers have been previously released for public consultation:

    1. Queensland Government Property Law Review Issues Paper 1 Seller Disclosure in Queensland
    2. Queensland Government Property Law Review Issues Paper 2 Lot entitlements under the Body Corporate and Community Management Act 1997
    3. Queensland Government Property Law Review Options Paper Body corporate governance issues: By‐laws, debt recovery and scheme termination
    4. Property Law Review Issues Paper Procedural issues under the Body Corporate and Community Management Act 1997
    5. Interim Report: Seller Disclosure in Queensland
    6. Property Law Review Issues Paper Property Law Act 1974 (QLD) – Sales of land and other related provisions
    7. Property Law Review Issues Paper 2: Property Law Act 1974 (QLD) – Part 8 Leases and Tenancies

    Privacy statement for submissions

    Any personal information you include in your submission will be collected by the Department of Justice and Attorney‐General (the Department) and the QUT for the purpose of undertaking the review of Queensland’s property laws. The Department or the QUT may contact you for further consultation regarding the review. Your submissions may also be released to other government agencies as part of the consultation process.

    Submissions provided to the Department and the QUT in relation to papers will be treated as public documents. This means that they may be published on the Department’s website, together with the name and suburb of each person or entity making a submission. If you would like your submission, or any part of it, to be treated as confidential, please indicate this clearly in the submission. However, please note that all submissions may be subject to disclosure under the Right to Information Act 2009, and access applications for submissions, including those marked confidential, will be determined in accordance with that Act.

    Submissions (or information about their content) may also be provided in due course to a parliamentary committee that considers any legislation resulting from this review.

    Last reviewed
    13 October 2016
    Last updated
    12 October 2016

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