Property Law

Announcement: On 15 November 2024, MMS Legal has merged with Solomons Legal. For any new inquiries, please contact Solomons Legal >

Leading the way in superior property law services.

The heart of McKelvey Miller Smith is property law.


Our team has more than 50 years of combined property law experience and worked in property specialist teams in-house and in national and global firms.


Our clients choose us because we understand the property industry and because we provide practical, straight-forward commercial advice and innovative solutions to their property transactions. 


Our team will work collaboratively with you to understand you and your property needs. We structure our services and advice around the matters and issues that are most important to you.

Our property services:

Our team brings experience in all types of property transactions, development, leasing and project structuring arrangements.

Commercial property purchases + sales

Let our commercial conveyancing team handle the entire property transaction process for you from A – Z.

Commercial + retail shop leases

We’ll help you manage each step in your commercial or retail shop lease transaction including drafting the lease document and negotiating the lease terms on your behalf. 

Let our team handle it for you.

Property development & subdivision assistance

We work for both small and large property developers. The developments that we have assisted with include the subdivision of a parcel of land into 2 lots, the development of 4 town houses, the development of 30 strata titled offices, residential flat land developments and residential developments with hundreds of apartments. 

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Off the plan

An off-the-plan contract review is the only way you can ensure that the contract reflects what you think you’re buying. 

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Retirement living

We’ll guide you through the estate planning process and assist with any property sales that you need to make before moving to a retirement home.

Mortgages + loan agreements + guarantor advice

Let our team provide you with advice about becoming a guarantor or signing loan and mortgage documents. 

“

I have just completed my first development project. Mahoney helped me buy the property and then sell the apartments. Mahoney was generous with her time and advice throughout the project despite having a fixed fee arrangement. I am grateful to have found a patient and knowledgeable advisor and look forward to her assistance on my next project.

”

We’re PEXA certified

At McKelvey Miller Smith, all of our staff have obtained PEXA certification which means our team are electronic conveyancing specialists!


What is PEXA?

PEXA is an electronic conveyancing platform that allows the completion of conveyancing settlements electronically, in real-time. By removing paper-based manual settlements, the risk of errors and settlement delays is reduced, so you can feel comfortable knowing your settlement should be completed on time.


Why choose to use PEXA?

There are a few reasons why we love the PEXA system and we’re sure that you will too.

With PEXA you’ll have:


  • Greater certainty and accuracy. Removing manual processing of documents and settlement cheques reduces the time involved in the settlement process. It also reduces the risk of error.
  • On-time settlements. Removing the requirement for all parties to meet face-to-face to complete settlements means that settlements can occur digitally and when scheduled. If a party isn't ready for settlement at the scheduled time, PEXA will automatically reschedule the settlement to 30 minutes later, which means there’s no need to cancel and rebook your settlement.
  • Secure and fast clearance of settlement funds. PEXA securely transfers the sale proceeds at settlement into the seller's nominated account ensuring that the funds are processed quickly and securely.
  • Reduces paperwork and allows for remote settlements. Settlements via PEXA removes the requirement for buyers and sellers to physically sign transfer documentation so we can complete your settlement for you completely remotely. You don't even need to attend our office.
  • No more bank cheques. PEXA transfers settlement funds in the seller's nominated account, removing the need for buyers to draw bank cheques for settlement, saving both time and money!



Common property law questions

  • I am entering into a lease. Do I need a lawyer?

    No, however, often we speak to tenants when things have gone wrong because they have not obtained legal advice prior to entering into a lease agreement. They trust what has been negotiated is included in the lease. Having security of tenure is paramount for most businesses. On this basis we highly recommend that you seek legal advice.

    For more information about leasing and steps you should take before signing a lease, please visit the Business Queensland website.

  • What is Transfer/Stamp Duty?

    Transfer duty (previously called Stamp duty) is a government tax that applies to the transfer of residential property in Queensland. Transfer duty is payable by the buyer on or before settlement. When considering buying a property in Queensland, it’s important to consider how much transfer duty is payable on the purchase transaction, as this amount needs to be paid in addition to the purchase price.


    You can estimate the transfer duty payable when purchasing a property using the Queensland Government transfer duty estimator.


    As part of our conveyancing purchase service, we’ll:

    • calculate the amount of transfer duty payable on your purchase transaction, 
    • determine whether any concessions are available to you,
    • attend to lodgment and payment of the transfer duty on your behalf at settlement.
  • What property searches will I need to order?

    The type of property searches required for your conveyancing transaction will depend on several factors including the type, age, and location of the property. As part of our conveyancing service, our lawyers will guide you through the property search process and recommend the searches we consider necessary for your conveyance.

  • What if I only want some initial legal assistance?

    Sometimes you don’t need a lawyer to assist you with the entire legal process and you may only want to engage one for a particular part. We offer 1-hour initial legal consultations to people who are looking for practical and useful legal guidance generally or specific advice concerning a part of their legal matter. 

  • Do you offer online video consultations?

    Yes, we do. Our lawyers can provide legal advice and consultations by phone, zoom (video) and in-person meetings.

  • Can I make an after-hours appointment?

    We understand life is busy and it’s not always possible to attend an appointment during our standard business hours (9.00 am – 5.00 pm, Monday to Friday). If weekdays are too chaotic for you, we now offer Saturday appointments between 9.00am – 12.00pm.  If you need an after-hours weekday appointment, please let our office know and we’ll do our best to accommodate you.

Our pricing

Do you want high-quality property law services that you can rely on?

Then choose McKelvey Miller Smith.


From our 5-star Google review rating, strong client retention rate and fixed-fee and transparent pricing, we know we provide a superior property law service compared to other firms.



When you work with us, you’ll receive exceptional customer service, your phone calls and emails will be returned quickly and efficiently. We work hard for our clients to remove as much stress as possible from the conveyancing process and to ensure that we’re available when you need us.


Get in Touch