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Residential Conveyancing
Purchase and sale of residential property, contract review, settlement coordination via PEXA, stamp duty advice, and first-home buyer assistance including FHOG and FHSS scheme guidance.
/// OVERVIEW
Property Law for the Modern Economy
Property transactions remain the largest and most consequential legal matters most individuals and businesses undertake. At LEGAL777-ML-NIGHTWORX, our property practice delivers end-to-end legal support for residential and commercial conveyancing, off-the-plan acquisitions, property development, and lease structuring across Australia's Torrens title jurisdictions and Dubai's DLD-registered freehold and leasehold systems.
In Australia, we operate within the framework of the Torrens system administered by state-based land titles offices, coordinating settlements via PEXA (Property Exchange Australia) for electronic lodgement and settlement. Our team navigates the Foreign Investment Review Board (FIRB) requirements under the Foreign Acquisitions and Takeovers Act 1975 (Cth), advises on stamp duty implications under respective state and territory legislation, and manages the full settlement lifecycle from contract execution to title registration.
In Dubai, we advise on transactions registered through the Dubai Land Department (DLD) and regulated by the Real Estate Regulatory Agency (RERA), including freehold acquisitions in designated areas, off-the-plan purchases under Law No. 13 of 2008, strata title arrangements, and escrow account compliance under the Escrow Account Law. Whether you are acquiring your first home, structuring a commercial portfolio, or negotiating a complex development joint venture, our property team delivers jurisdictionally precise, commercially focused legal solutions.
/// SERVICES
Our Property & Conveyancing Services
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Commercial Conveyancing
Office, retail, and industrial property transactions. Due diligence, contract negotiation, GST advice on going concern and margin scheme, and complex settlement structures.
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Off-the-Plan Purchases
Sunset clause protection, developer due diligence, contract terms negotiation, staged payment advice, and settlement coordination for off-the-plan acquisitions across Australia and Dubai.
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Development Agreements
Joint venture structures, subdivision management, construction contracts, development approval coordination, and advice on planning instruments and environmental overlays.
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Lease Structuring
Commercial, retail, and industrial lease negotiation. Rent reviews, make-good obligations, assignment and subletting provisions, and lease dispute resolution under state-based legislation.
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Property Due Diligence
Title searches, zoning verification, easement and covenant review, building compliance checks, and environmental assessment coordination for informed decision-making.
/// PROCESS
How We Work
01
INTAKE
We begin by understanding your property objectives, timeline, and budget across the relevant jurisdiction.
- Initial consultation and scoping
- Conflict and jurisdiction check
- Engagement and fee structure
- Document collection checklist
02
ARCHITECTURE
We build the legal framework for your transaction, reviewing contracts and advising on structure.
- Contract review and amendments
- Title and due diligence analysis
- Financing and security review
- Stamp duty and tax structuring
03
DEPLOYMENT
We execute the transaction, coordinating all parties through to settlement or registration.
- PEXA settlement coordination
- DLD registration (Dubai)
- Funds transfer and discharge
- Title transfer and lodgement
04
OPERATIONS
Post-settlement support to ensure clean title, compliance, and ongoing legal protection.
- Title verification and notices
- Lease execution (if applicable)
- Compliance documentation
- Ongoing advisory retainer
/// JURISDICTION
Jurisdictional Coverage
AU
Australia
Property law in Australia operates on a state and territory basis, with each jurisdiction maintaining its own land titles registry and conveyancing framework. All mainland states now utilise PEXA for electronic settlement.
- Torrens title system with state-based registration
- PEXA electronic settlement (all mainland states)
- FIRB approval for foreign acquisitions
- State-based stamp duty and land tax regimes
- Foreign Acquisitions and Takeovers Act 1975 (Cth)
- First Home Owner Grant and FHSS schemes
- Retail and commercial lease legislation by state
- Strata and community title frameworks
AE
Dubai
Dubai's property market operates under the Dubai Land Department with regulation by RERA. Freehold ownership is available to foreigners in designated areas, with comprehensive escrow protections for off-the-plan purchases.
- Dubai Land Department (DLD) registration
- RERA regulatory compliance and oversight
- Freehold ownership in designated areas
- Escrow account protections (Escrow Account Law)
- Off-the-plan purchase frameworks (Law 13/2008)
- Strata title and owners association regime
- Lease registration requirements (RERA form)
- Ejari tenancy contract registration
/// FAQ
Frequently Asked Questions
The Australian conveyancing process typically involves: (1) Contract review and negotiation of terms, (2) Exchange of contracts with deposit payment (usually 10%), (3) Cooling-off period application (where applicable by state), (4) Due diligence including title searches, zoning checks, and building reports, (5) Finance approval coordination, (6) Pre-settlement adjustments for rates and taxes, (7) Settlement via PEXA (electronic) or paper settlement, and (8) Post-settlement title registration and notice to authorities. The process varies by state, with PEXA now mandatory for most transactions across mainland Australia.
Standard residential settlements in Australia typically take 30 to 90 days from the date of contract exchange, depending on the agreed settlement period and state conventions. Off-the-plan purchases may have settlement timelines of 12 to 36 months or longer, depending on construction schedules. Dubai transactions registered through DLD can settle more quickly, often within 2 to 4 weeks, provided financing is arranged. Complex commercial transactions, development acquisitions, or matters requiring FIRB approval may extend timelines significantly. We provide clear timeline estimates at engagement based on your specific transaction parameters.
A sunset clause is a provision in an off-the-plan contract that allows either party to terminate if the development is not completed by a specified date. In Australia, legislative reforms in NSW, Victoria, and Queensland now restrict developers from unilaterally invoking sunset clauses to rescind contracts, requiring developer consent, purchaser agreement, or Supreme Court orders. We negotiate sunset clause terms to ensure reasonable timeframes, include provisions for penalty interest if the developer triggers the clause, and advise on statutory protections under the relevant state legislation to protect your deposit and contractual rights.
Yes. Under the Foreign Acquisitions and Takeovers Act 1975 (Cth), foreign persons (non-residents and certain temporary residents) generally require FIRB approval before acquiring residential real estate in Australia. Temporary residents may purchase one established dwelling as a residence (subject to conditions) and new dwellings or vacant land without restriction. Foreign non-residents are generally limited to new dwellings, off-the-plan properties, and vacant land for development. Applications are submitted through the FIRB online portal with fees based on property value. Penalties for non-compliance include forced divestiture and criminal sanctions. We manage FIRB applications as part of our conveyancing service.
In Dubai, freehold ownership grants the purchaser full ownership of the property and the land it sits on, in perpetuity. Freehold ownership is available to foreigners in designated areas such as Downtown Dubai, Dubai Marina, Palm Jumeirah, and JLT, as established under regulations permitting foreign property ownership. Leasehold grants the right to use a property for a specified term (typically up to 99 years) without ownership of the underlying land. Leasehold is more common in non-designated areas and for certain commercial arrangements. Freehold properties are registered directly with the DLD and offer greater security, resale flexibility, and inheritance rights. We advise on the most appropriate structure based on your residency status, investment horizon, and intended use.
PEXA (Property Exchange Australia) is Australia's national electronic conveyancing platform, replacing traditional paper-based settlement. All parties (buyer, seller, financiers, and lawyers) participate in a digital workspace where funds are transferred electronically, title documents are lodged with the land registry, and discharges of mortgage are processed simultaneously. Key benefits include real-time tracking, reduced settlement failure risk, same-day title registration, and secure funds transfer via the Reserve Bank of Australia's RITS system. PEXA is now mandatory for all mainstream property transactions in most Australian states. Our team is PEXA-certified and manages the entire electronic settlement workflow on your behalf.