Practical Law.
Commercial Outcomes.
Conveyancing, Development, Commercial and Estate lawyers
We help our clients navigate property, development, commercial and estate matters with practical advice and a focus on solving problems to provide a clear path forward.
SELLING
A successful sale starts well before settlement.
Selling property in Queensland involves more than agreeing on a price and settlement date. Sellers have important contractual, disclosure and procedural obligations that need to be addressed carefully from the outset. Issues with disclosure, title, mortgages, tenancies, body corporate matters, inclusions, settlement arrangements or special conditions can create unnecessary delays, disputes or, in some circumstances, rights for a buyer to terminate the contract.
At Sparke Legal, we help sellers prepare the transaction properly from the beginning and manage the legal process through to completion.
Our work can begin before the property is listed or before a buyer signs the contract. We can assist with the preparation of the required seller disclosure documentation, review or prepare the contract, identify matters that should be dealt with before signing, and make sure the legal terms accurately reflect the proposed sale.
We manage the transaction through each stage — monitoring critical dates, dealing with contractual conditions and requests from the buyer, reviewing settlement adjustments, preparing the electronic settlement documentation and completing settlement through PEXA.
A CLEAR, STRAIGHTFORWARD PROCESS FROM CONTRACT TO SETTLEMENT.
Prepare
We prepare the disclosure and contract documents and commence mortgage discharge where required.
Contract
Once signed, we confirm the key terms, conditions, dates and settlement requirements.
Conditions
We manage finance, inspections, due diligence, notices, extensions and other contract conditions.
Settlement Preparation
We coordinate mortgage discharge, property adjustments and all settlement requirements.
Final Figures
We confirm the settlement statement, adjustments and your payment directions.
Settlement
Settlement occurs through PEXA, funds are transferred and ownership passes to the buyer.
Complete
We confirm settlement and provide your final transaction documentation.
Disclosure & Contracts
We prepare Form 8 disclosure documents, contracts and special conditions, and manage buyer conditions, notices and extensions.
Property & Settlement
We address title, easements, encumbrances, tenancies and mortgage discharge, and manage the transaction through to settlement.
Complex Matters
We advise on title defects, caveats, disputes and other complex legal issues, working to resolve problems, and protect your position.
BUYING
Purchasing property is a major financial decision, and the right legal advice can help you make that decision with confidence.
Every property transaction is different. The contract, seller disclosure documents and property itself can contain matters that affect your rights as a buyer, how the property can be used and what obligations you take on after settlement. Understanding these issues early gives you the opportunity to make informed decisions before becoming unconditionally committed.
Sparke Legal assists buyers from the initial contract review through to ownership. Before signing, we can examine the proposed contract and disclosure documents, explain important provisions and identify areas requiring further investigation or additional contractual protection.
During the transaction, we manage the legal requirements and critical dates while you arrange finance and inspections. We can undertake appropriate property searches, investigate title, easements, encumbrances, body corporate matters and other property interests, and advise you if an issue is identified.
Our property experience extends beyond standard residential purchases. We assist with homes, investment properties, vacant land, apartments and community title property, commercial and industrial acquisitions, off-the-plan purchases and development sites, as well as transactions involving unusual title or contractual arrangements.
A CLEAR, STRAIGHTFORWARD PROCESS FROM CONTRACT TO SETTLEMENT.
Prepare
We review the contract and disclosure documents, explain the terms, identify risks and important dates before you sign.
Contract
Once signed, we confirm the key terms, conditions, dates and settlement requirements and open your file.
Conditions
We manage finance, inspection and other contract conditions and deal with notices or extensions as required.
Settlement Preparation
Once unconditional, we coordinate with your lender and prepare the documents needed for settlement.
Final Figures
We prepare the settlement statement, calculate adjustments and confirm the funds required for settlement.
Settlement
Settlement occurs through PEXA, funds are transferred, ownership is registered and keys are released.
Complete
We provide your settlement documents and assist with any remaining post-settlement matters.
Acquisitions & Investment
We advise on residential, investment, commercial and industrial acquisitions, vacant land and development sites, with advice tailored to the property and your objectives.
Title & Property Rights
We advise on title, easements, covenants, caveats, access, encumbrances, community title and other rights or restrictions affecting property.
Development
We assist with development sites, options, subdivisions, off-the-plan property, ownership structures and complex transactions requiring tailored legal and due diligence solutions.
PROPERTY DEVELOPMENT & PROJECTS
Legal advice across the development lifecycle.
Property development requires legal advice that considers the project as a whole. Decisions made when acquiring and structuring a project can affect finance, development, ownership and the eventual sale of the completed property.
Sparke Legal works with developers, investors, landowners, project managers and other participants across the development lifecycle. Our involvement can begin before a site is acquired and continue through development, titling, project sales and final settlement.
Site Acquisition & Due Diligence
The acquisition of a development site is a critical stage of any project. Before significant capital is committed, the contractual arrangements should provide an appropriate opportunity to investigate whether the property is suitable for its intended purpose.
We assist with:
- development site acquisitions and disposals;
- contract preparation and negotiation;
- due diligence conditions;
- options and put-and-call arrangements;
- bespoke special conditions;
- title and registered interests;
- easements, covenants and access;
- existing leases and occupancies; and
- planning and development considerations.
Legal due diligence can also involve investigation of approvals, infrastructure, services, environmental matters and other restrictions affecting the proposed development.
By considering the contract, due diligence, and proposed development together, we help clients assess not simply whether a site can be acquired, but whether the legal framework supports the intended development strategy..
Property rights, titling & community title
Development projects frequently require existing property interests to be investigated or new rights to be created. We assist with easements, access rights, covenants, caveats, subdivisions, new titles and other registered property interests.
For townhouse, apartment and mixed-use projects, we can also assist with CTS, CMS, by-laws, exclusive-use arrangements and associated body corporate documentation.
Project sales & off-the-plan contracts
Our involvement can continue from development into the sale of completed lots.
We can prepare and manage project sale documentation for land subdivisions, townhouse and apartment developments, commercial and industrial projects and mixed-use developments.
This can include:
- off-the-plan contracts;
- seller disclosure documentation;
- project-specific special conditions;
- community title documentation;
- contract administration;
- variations and extensions; and
- settlements across multiple lots.
Complex development matters
We also assist with options, staged developments, landowner/developer structures, complex easements, unusual funding arrangements and other transactions requiring tailored documentation.
Our approach is to understand the commercial objective, identify the legal issues that could affect the project and develop practical solutions that allow it to progress from acquisition through to completion.
COMMERCIAL
Sparke Legal provides practical commercial advice to businesses, investors, property owners and developers across a broad range of transactions. We assist with:
- business sales and acquisitions;
- commercial contracts and agreements;
- shareholder, partnership and joint venture agreements;
- commercial and retail leasing;
- commercial property transactions;
- loans, mortgages and securities;
- private lending and vendor finance; and
- complex commercial arrangements.
Our involvement can begin with structuring, negotiations and due diligence and continue through contract preparation, negotiation, completion and settlement.
With experience across commercial, property, development and finance law, we are well placed to assist with transactions involving multiple parties, property interests, financing arrangements or more complex commercial structures. We focus on understanding the transaction as a whole.
Our approach is straightforward: understand your commercial objective, identify the risks that matter and provide clear, practical legal solutions that protect your interests while helping the transaction move forward.
Business Transactions
We advise on business acquisitions and sales, ownership structures, joint ventures and commercial agreements, with practical legal advice tailored to the transaction, your commercial objectives and the risks involved.
Commercial Leasing
We act for landlords and tenants in commercial and retail leasing, including new leases, renewals, assignments, variations and surrenders, with clear advice on obligations, risks and commercial terms.
Complex Matters
We advise on title defects, caveats, disputes and other complex legal issues, working to resolve problems, and protect your position.
FINANCE
Finance arrangements can have lasting consequences for your property, business and personal assets. Understanding the documents and obligations before you sign is an important part of protecting your position.
Sparke Legal provides practical legal support with property and commercial finance, refinancing and security documentation.
Our property and commercial experience allows us to consider your finance arrangements alongside the wider transaction, including a purchase, development, business acquisition or restructure.
We assist with:
- Loan and facility agreements;
- Mortgages and refinancing documentation;
- General security agreements and related securities;
- Personal and company guarantees and indemnities;
- Property development and commercial finance documentation;
- Private lending and vendor finance arrangements; and
- Mortgage releases, settlement and completion requirements.
We explain key obligations, repayment provisions, default terms and the assets affected by security arrangements, and assist with negotiating amendments where required.
WILLS & ESTATES
Sparke Legal provides practical advice to individuals and families on estate planning and the administration of estates. We assist with:
- Wills and estate planning;
- Enduring Powers of Attorney;
- testamentary trusts;
- appointment of executors and attorneys;
- estate and succession planning;
- probate and letters of administration;
- deceased estate property;
- estate administration; and
- distribution of estates to beneficiaries.
A properly considered estate plan does more than determine who receives your assets. It can provide clear instructions about who will manage your affairs, protect the interests of your beneficiaries and reduce uncertainty for your family.
We also assist executors and families following a death, from reviewing the Will and identifying estate assets through probate, administration and final distribution.
Where estates involve property, businesses, companies or trusts, our broader property and commercial experience allows us to consider these matters as part of the estate as a whole.
Wills & Estate Planning
We prepare wills and provide estate planning advice tailored to you, helping ensure your assets are protected and distributed according to your wishes
Powers of Attorney
We prepare enduring powers of attorney and provide advice on appointing trusted people to make financial and personal decisions on your behalf if you are unable to do so yourself.
Estate Administration
We assist executors and families with probate, letters of administration and the administration of deceased estates, providing practical guidance.
OUR FIRM
Sparke Legal is a Brisbane-based law firm providing practical legal advice across property, development, commercial transactions and wills and estates.
Led by Russell Sparke, the firm combines more than 30 years of legal experience with a practical understanding of property and commercial transactions.
Russell Sparke
Principal Solicitor
Russell's experience includes:
- property acquisitions and sales;
- property development and project structuring;
- commercial and industrial property;
- business sales and acquisitions;
- commercial and retail leasing;
- joint ventures and development agreements;
- planning and community title matters;
- finance, securities and vendor finance; and
- complex property and commercial transactions.
Russell is admitted as a Solicitor of the Supreme Court of Queensland and the High Court of Australia. He is also a member of the Queensland Law Society and holds a Certificate IV in Real Estate Services.
Over 25 years of experience in both property and commercial law provides a practical understanding of the issues that arise throughout the life of a transaction — from initial negotiations and structuring through documentation, due diligence, finance and settlement.
Sparke Legal acts for a diverse range of clients, from individuals buying or selling property to investors, business owners and experienced property developers undertaking complex projects.
Our approach is straightforward: understand what our client is trying to achieve, identify the issues that matter and provide clear, commercially focused legal solutions.
We believe good legal advice should facilitate worthwhile transactions, solve problems and give clients the confidence to make informed decisions.
Simon Wright
Associate Solicitor
Simon is a property solicitor with experience across residential and commercial property, conveyancing, property development and transactional work.
At Sparke Legal, Simon assists buyers, sellers, investors and developers with matters ranging from straightforward residential transactions through to complex commercial and development matters. His experience includes reviewing and preparing contracts, leases, mortgages and property agreements, conducting due diligence, negotiating amendments and guiding transactions through to settlement.
Simon brings a broad commercial background to his legal practice, having worked extensively in real estate, property development, project marketing, communications and investment property across Australia and the Asia-Pacific region. Earlier in his career, he performed project marketing for a Brisbane real estate agency, working with developers on development-site transactions, project marketing agreements, investor sales and residential developments. This experience gives him a practical understanding of the commercial considerations that sit behind property transactions.
Having also worked internationally in Japan and Latin America, Simon brings a broad perspective to his work and is comfortable assisting clients from diverse commercial and cultural backgrounds.
Simon holds a Bachelor of Laws, Graduate Diploma of Legal Practice and Bachelor of Journalism from the University of Queensland. He is an admitted Australian solicitor and also holds a full Australian real estate agent licence.
Contact Us
Get in touch to discuss how we can help.
Phone
Address
Level 10, Quay Central
95 North Quay
Brisbane QLD 4000