Real Estate & Property Lawyers — All States & Territories
Real Estate & Property Lawyers — Protect Your Position. Resolve the Dispute.
Property law touches every Australian at some point — buying or selling a home, a landlord refusing to return a bond, a body corporate ignoring a defect, a bank issuing a default notice, or a neighbour disputing a boundary. A property lawyer protects your position at every stage. Get connected with an experienced real estate lawyer for a free consultation today.
⚠ Property law has strict time limits — contract rescission rights expire within days, statutory demands require a response within 21 days, and NCAT/VCAT strata and tenancy applications have limitation periods. Don't let a deadline pass. Get urgent advice now.
Real Estate & Property Practice Areas
From conveyancing to mortgagee sales — every property law matter covered.
Select the property law matter that matches your situation. Each page explains your legal rights, the relevant legislation, and what a property lawyer does to protect your position.
Conveyancing & Property Transactions
The legal process of transferring property ownership — from exchange of contracts through to settlement. A conveyancing lawyer reviews the contract of sale, advises on vendor and purchaser rights, manages the title search and transfer, and ensures settlement proceeds without complication. Essential for all residential and commercial property purchases and sales in Australia.
Get conveyancing help →Landlord & Tenant Disputes
Residential tenancy disputes — bond refusals, unlawful evictions, rent arrears, property damage claims, breach of lease, and NCAT/VCAT/tribunal applications. A lawyer represents landlords and tenants in residential tenancy matters under each state's Residential Tenancies Act, enforcing rights and obligations on both sides of the tenancy relationship.
Get landlord/tenant help →Property Disputes
Disputes involving property ownership, boundaries, easements, covenants, adverse possession, encroachments, and title defects. A property dispute lawyer advises on rights under the Real Property Act and common law, negotiates with opposing parties, and litigates in the Land and Environment Court, Supreme Court, or relevant tribunal where negotiation fails.
Get property dispute help →Strata & Body Corporate Disputes
Disputes involving lot owners, owners corporations, body corporates, and strata managers — covering levy arrears, defective building work, by-law breaches, NCAT/QCAT orders, and strata scheme management disputes. A strata lawyer advises lot owners and owners corporations on their rights and obligations under each state's strata legislation.
Get strata help →Commercial Lease Disputes
Disputes arising under commercial and retail leases — rent defaults, outgoings disputes, make good obligations, option to renew, assignment and subletting, and lease termination. A commercial lease lawyer advises landlords and tenants on their rights under the lease and the relevant Retail Leases Act, and represents them in mediation, NCAT, or court proceedings.
Get commercial lease help →Mortgagee Sale & Repossession
Where a borrower defaults on their mortgage, the lender (mortgagee) has the right to take possession of the property and sell it — a mortgagee sale. A property lawyer advises borrowers on their rights when a default notice is issued, challenges unlawful enforcement action, and negotiates with the lender to achieve a better outcome than a mortgagee sale.
Get mortgagee sale help →Mortgage Stress & Default
Rising interest rates, reduced income, or unexpected expenses can push property owners into mortgage stress — falling behind on repayments without a clear path forward. A property lawyer advises on hardship applications, negotiates with lenders, assesses refinancing options, and protects borrowers from unlawful enforcement — buying time to resolve the financial difficulty.
Get mortgage stress help →Development Application Disputes
Disputes involving development applications (DAs), council refusals, planning permit conditions, objections by neighbours, and Land and Environment Court appeals. A property lawyer advises developers, landowners, and objectors on their rights in the planning and development process — and runs merits appeals in the Land and Environment Court and equivalent state tribunals.
Get DA dispute help →Why Property Law Advice Matters
Property is usually the largest asset — and the largest liability — most Australians will ever have.
Property law disputes are high-stakes because the sums involved are large, the legal framework is complex, and the consequences of getting it wrong are significant. A property lawyer protects your rights before they are lost.
Cooling-off rights expire quickly — and can be lost entirely
Most Australian states provide a cooling-off period for residential property purchases — 5 business days in NSW, 3 business days in Victoria and Queensland. Cooling-off rights can be waived by the purchaser or excluded by agreement. A property lawyer reviews the contract before exchange, advises on the cooling-off provisions, and ensures the purchaser understands their rights — including any matters that would justify rescinding the contract within the cooling-off period without forfeiting the deposit.
Mortgagee sales — the borrower still has rights
When a lender exercises its power of sale following a loan default, the borrower has rights — the lender must take reasonable steps to obtain the true market value of the property, must give proper notice before taking possession, and must account to the borrower for any surplus proceeds after the mortgage debt is repaid. A property lawyer advises borrowers who receive a default notice or notice of repossession on their rights — and challenges mortgagee sales where the lender has not complied with its obligations.
Commercial leases — the Retail Leases Act does not protect all tenants
Commercial leases are not all regulated by the Retail Leases Act — only leases of retail premises fall within the Act's protections. Commercial office leases, industrial leases, and leases of premises used for non-retail purposes are largely unregulated — the parties' rights are determined entirely by the lease document. A lawyer reviews the commercial lease before signing, identifies onerous provisions, negotiates improved terms, and advises on the tenant's rights and obligations throughout the lease term.
Strata living — by-law enforcement and defect claims are complex
Strata scheme by-laws are enforceable — but enforcement requires an application to the relevant tribunal (NCAT in NSW, VCAT in Victoria, QCAT in Queensland). A lot owner who wants to enforce a by-law against a neighbour, or an owners corporation that wants to recover unpaid levies, must follow the statutory process — which requires legal advice on the merits of the claim, the procedural requirements, and the orders available from the tribunal. A strata lawyer manages the entire process from letter of demand through to tribunal hearing.
Property disputes — adverse possession and boundary issues are litigated
Adverse possession (also called squatter's rights) allows a person who has openly and continuously occupied another person's land for the limitation period (12 years in most states) to apply for title to that land. Boundary disputes arise where fences, buildings, or other improvements encroach on a neighbouring property. These disputes are frequently litigated — in the Supreme Court for adverse possession and title issues, and in the Local Court or equivalent for minor encroachments. A property lawyer advises on the merits of the claim, the evidence required, and the strategy for resolving the dispute.
Development applications — objectors and developers both have rights
A development application refusal (or approval with onerous conditions) can be appealed to the Land and Environment Court in NSW (within 6 months of the decision), VCAT in Victoria (within 60 days), or the Planning and Environment Court in Queensland. Third-party objectors also have rights — to appear at public hearings, to make submissions on merits appeals, and in some states to bring their own merits appeals. A property lawyer advises developers and objectors on the planning and development appeals process and runs merits appeals in the relevant tribunal or court.
How It Works
One request. A free property law consultation.
Tell us the property matter — whether it's a dispute, a transaction, a default notice, or a planning appeal. A property lawyer matched to your specific situation will contact you for a free consultation.
Submit Your RequestDescribe your property matter
Tell us whether you are a buyer, seller, landlord, tenant, lot owner, borrower, developer, or objector — and a brief description of the issue, including any deadlines or notices received.
Matched to a property lawyer
Your request is matched to a property lawyer experienced in your specific matter type — conveyancing, tenancy, strata, commercial leasing, mortgagee sale, or property dispute.
Free consultation
A property lawyer contacts you for a free consultation — explaining your rights, the legal process, the likely outcomes, and the next steps to protect your position.
About Real Estate & Property Law in Australia
State-based legislation — different rules in every jurisdiction.
Property law in Australia is primarily state-based — the legislation governing property transactions, tenancy disputes, strata schemes, and planning matters differs in every state and territory. In NSW, residential tenancy is governed by the Residential Tenancies Act 2010 and disputes are heard by NCAT. In Victoria, the Residential Tenancies Act 1997 applies and VCAT has jurisdiction. In Queensland, the Residential Tenancies and Rooming Accommodation Act 2008 applies with QCAT as the relevant tribunal. A property lawyer who practises in your state advises on the specific legislation that applies to your matter.
The Torrens title system — operating in all Australian states and territories — underpins the security of property ownership in Australia. Land is registered on a central register maintained by the relevant state government (for example, NSW Land Registry Services in NSW, or the Victorian Register of Titles). The register records the title holder, any mortgages and encumbrances, easements, and other interests affecting the land. The indefeasibility principle — that a registered proprietor's title is protected from competing claims — is the cornerstone of the system. A conveyancing lawyer searches the title register before settlement to ensure the property is being transferred free of undisclosed interests.
Commercial property law in Australia is less regulated than residential property law — commercial leases (other than retail leases, which are regulated by state Retail Leases Acts) are largely governed by the terms of the lease document. This makes it critical for commercial tenants and landlords to have a lawyer review the lease before signing — the consequences of an unfavourable lease can persist for the entire term, which may be 5, 10, or 15 years. A commercial lease lawyer advises on key provisions — rent review mechanisms, outgoings obligations, make good requirements, option terms, and assignment rights — and negotiates improved terms before the lease is executed.
Planning and development law is another state-based area — the Environmental Planning and Assessment Act 1979 governs development in NSW, the Planning and Environment Act 1987 in Victoria, and the Planning Act 2016 in Queensland. Development applications are assessed by local councils against the relevant planning instruments — local environmental plans (LEPs) and development control plans (DCPs) in NSW, planning schemes in Victoria and Queensland. Refusals can be appealed to the Land and Environment Court (NSW), VCAT (Victoria), or the Planning and Environment Court (Queensland) — with strict time limits that vary by state. A property lawyer advises developers and objectors on their rights in the planning process and runs appeals in the relevant court or tribunal.