Property Law

We just completed Hervey Bay’s first electronic conveyance!

by Judica Swift on July 15, 2016 Comments Off on We just completed Hervey Bay’s first electronic conveyance!

PEXA Badge - JPEG FormatWe are very proud to be the first law firm in Hervey Bay to complete an electronic conveyance! Attending settlements and banking cheques will soon be a thing of the past. Clients and agents also no longer need to wait for their cheque to be banked and cleared as the transfer of funds is instantaneous. Electronic conveyancing is the way of the future and we are proud to be leading the way!

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Judica SwiftWe just completed Hervey Bay’s first electronic conveyance!

Conveyancing; the not-so-simple process

by Judica Swift on July 12, 2015 Comments Off on Conveyancing; the not-so-simple process

Did you know that every conveyancing transaction in Queensland is affected by 20 different State and Federal laws and countless past court cases?

Whilst alot of conveyances go smoothly, many things can go wrong or simply not quite as expected.

There are rights and obligations attached to every party involved and each have a role to play.  There are critical dates that, if missed, can mean you could be in breach of contract and be sued by the other party. Not to mention the emotional turmoil that results.

A conveyancing practitioner deals with every element of the conveyancing process.  They deal with these concerns daily and do so for each client. Conveyancing practitioners are also responsible for reviewing and advising on contract conditions, what happens when things go wrong and drafting and settling all the documents to transfer a property from one person to another. Our Conveyancing Practitioners who practice in this area are experts in dealing with the smooth and not-so-smooth transactions.  At Swift Legal, it is our job to keep it as simple as we can and to guide you through the process by advising you of those rights and obligations and to keep everything on track for you.

If you’re thinking about buying or selling a home, we always recommend you get advice before signing on the dotted line.  If you choose us to look after you with your conveyance, we are happy to review the contract and briefly take you through it before you sign without additional charge.  We can even help with the more detailed negotiation and by drafting special conditions in your contract to make sure the deal suits you and your situation.

If you’re not sure what to do, give us a call and we would be happy to help you.

For our Fraser Coast communities, you can call 07 4122 2165 or email

For our Brisbane & South West communities, you can call 07 5547 7112 or email


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Judica SwiftConveyancing; the not-so-simple process

We’re coming to Ipswich!

by Judica Swift on July 10, 2015 Comments Off on We’re coming to Ipswich!

Our Logan & Scenic Rim branch is extending its service area to include our Ipswich community!

We appreciate how hard it is to get legal advice when and where you need it and that’s exactly why we’re extending our service area.  We’re listening and evolving with our clients’ needs and offering all our legal services to our Ipswich communities.  This includes all conveyancing services, wills, estates, powers of attorney, trusts, guardianship, retirement planning and retirement village contracts and elder law.  And there is still no catch; we still come to you at no extra charge!

If you need assistance with your legals, please contact your local team on 07 5547 7112 or email your local Solicitor, Nikki Gough, at

See you soon!

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Judica SwiftWe’re coming to Ipswich!

Joint Tenants & Tenants In Common, what’s the difference?

by Judica Swift on April 2, 2014 Comments Off on Joint Tenants & Tenants In Common, what’s the difference?

Jointly owned property may form part of your estate, depending on how it is held.

Joint Tenants

If you own property with another as Joint Tenants this means that upon the death of the first joint tenant, the interest in the property passes automatically to the surviving joint owner.  This is also referred to as the “Right of Survivorship”.  This is an automatic right.  As a result of this automatic right, this property will not form part of your estate.  The only time this property would form part of your estate is if you were the last surviving joint tenant and you passed away.  The property falls to the estate of the last joint tenant to pass away.*

Jointly held bank accounts are also subject to the “Right of Survivorship” and as a result will pass to the surviving joint owner upon your death.

Tenants in Common

If you own property with another as a Tenant in Common, you can own equal or unequal shares.  The difference with Tenants in Common is that when you pass away, your share will fall into your estate and be dealt with and distributed in accordance with your Will or the Rules of Intestacy (if you don’t have a Will).  For example; you own a house with another and you own 50% each as Tenants In Common.  When you pass away, your 50% share of that property will fall into your estate.

*Note:  other considerations might be relevant to your estate plan if you have property in NSW.

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Judica SwiftJoint Tenants & Tenants In Common, what’s the difference?