Tag: Property Law Act 2023

Sample research insight · Queensland, Australia · Primary sources checked 13 August 2026

This sample insight considers a hypothetical non-retail commercial lease in Queensland. The lease began in July 2023, requires the landlord’s written consent to assignment, and the tenant proposes to assign the whole lease in August 2026.

The actual lease, proposed assignee material and correspondence have not been supplied. The discussion therefore explains the statutory process rather than predicting whether a refusal would be reasonable in a real transaction.

Why the new regime applies

Section 142 applies where a lease requires the lessor’s consent to an assignment or certain other dealings. The remaining provisions of the 2023 Act commenced on 1 August 2025.

The transitional rule in section 255 provides that part 9, division 4 applies to a dealing that happens after commencement whether the lease was entered into before or after commencement. On the hypothetical facts, the proposed August 2026 assignment falls within section 142 even though the lease began in 2023.

What starts the one-month period?

The tenant may give a written proposal notice containing the information required under the lease and asking for consent. If the lessor considers the information insufficient, it may request further information it considers necessary to decide the proposal.

The one-month decision period runs from receipt of full particulars, not necessarily from the tenant’s first request. Because the Act does not prescribe one universal information set, the safest approach is to match the lease requirements and provide a decision-ready package.

• Identify the proposed assignee and its corporate structure.
• Provide evidence of financial capacity and rent-paying ability.
• Explain the intended use, relevant experience and operational capability.
• Address guarantors, licences and other matters connected with performance of the lease.
• Record the service date and every enclosure supplied.

The lessor must decide and give reasons

Within one month after receiving full particulars, the lessor must give a decision notice. If consent is given, the notice must identify any conditions and the reasons for them. If consent is withheld, the notice must state the reasons. The parties may agree within the one-month period to extend the deadline.

Older Queensland authority under the predecessor legislation may remain useful by analogy, but it should be applied cautiously until courts address section 142 directly. In Cathmark Pty Ltd v Nethercott Constructions Pty Ltd [2011] QSC 86, the Supreme Court considered reasonableness by reference to the evidence and matters connected with the landlord-and-tenant relationship.

Silence is not automatic consent

If the lessor unreasonably withholds consent, imposes an unreasonable, unnecessary or onerous condition, or fails to provide the decision notice, the lessee may apply to the court. The Act’s dictionary defines the relevant court as the Supreme Court.

Section 142 does not state that a missed deadline produces deemed consent. A tenant should not act on the assignment merely because the month has elapsed. The prudent next step is to obtain legal advice about correspondence, evidence preservation and possible court relief.

Practical workflow

1. Classify: confirm whether the premises are non-retail and whether any specialist statutory regime applies.
2. Read: review the registered lease, variations, guarantees, permitted use and notice provisions.
3. Package: prepare the proposal and supporting evidence against a clause-by-clause checklist.
4. Chronology: record service, questions, supplemental information and the asserted full-particulars date.
5. Assess: test every refusal ground or condition for connection, evidence and proportionality.
6. Escalate: obtain legal advice promptly if the deadline expires or the decision is disputed.

Retail-lease checkpoint

If the premises are a retail shop, the Retail Shop Leases Act 1994 (Qld) may add assignment disclosure obligations, a retail-tenancy dispute pathway and assignor or guarantor release provisions. Those requirements should be mapped before any consent request is sent.

Primary sources

• Property Law Act 2023 (Qld), especially ss 142 and 255 and sch 2.
• Proclamation—Property Law Act 2023 fixing 1 August 2025 as the commencement date.
• Cathmark Pty Ltd v Nethercott Constructions Pty Ltd [2011] QSC 86.
• Retail Shop Leases Act 1994 (Qld).

This is a hypothetical sample prepared for research demonstration and marketing evaluation. It is general legal research, not legal advice, and is not a substitute for review by an Australian legal practitioner with complete instructions and documents. Do not act on it in a real transaction without that review.