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Hamilton Island – Purchase

What’s Different About a Hamilton Island Purchase?

Whilst many people are familiar with buying & owning freehold title property such as vacant land, houses or units, owning leasehold property is quite different. When considering buying property on Hamilton Island its crucial to understand your responsibilities as an owner.

Title to all property on Hamilton Island is leasehold, stemming from a Perpetual Crown Lease from the State of Queensland (the Crown) in favour of Hamilton Island Enterprises Ltd (HIE). This is known as the Head Lease, and perpetual means that the lease has no end date, as long as HIE continues to comply with its conditions, such as using Hamilton Island for the intended purpose of an Integrated Tourism Resort and paying rent to the Crown.

What You Need To Know

Although you pay “rent” under your lease, in this context it’s more like what you would expect to pay by way of local authority rates & charges, if you owned a freehold home or unit, rather than rent to a landlord.

HIE and its related service company Hamilton Island Services, fill the dual roles of the local authority and utility service provider, providing all utility infrastructure and services such as water, power, sewage, gas, waste management and roads.

Subleases typically provide that owners pay:

  • Rent – calculated under the terms of the sublease and depending on the type of property you buy (villa site or apartment).
  • Outgoings – an equitable proportion of utility infrastructure charges for the provision of services to all Island residents and users, like local council service charges such as sewerage and garbage levies.
  • Utilities – for your actual consumption like water, power and gas
  • ‘Body corporate’ levies – where applicable, these are much like admin and sinking fund levies found in a regular community title setting.

By using an experienced conveyancer throughout your Hamilton Island purchase, you’re assured that the legal aspects of your property transaction are being taken care of. It’s our job to ensure everything is in order and that you understand the implications of any legal documents or contracts before signing them.

What Can PD Law’s Conveyancers Help With?

Our team of conveyancers can assist you with the following:

  • Reviewing pre contract documentation
  • Drafting contracts, reviewing sublease and letting agreements
  • Property searches and due diligence
  • Liaising with financial institutions
  • Assisting with consent process
  • Attending settlement
  • Offering legal advice and guidance

Our residential conveyancing team can assist you with any conveyancing requirements you may have, contact our team today.  

Buying on Hamilton Island Booklet

Download our FREE resource booklet containing further information about buying on Hamilton Island.

Download Now

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Background When cyclones are looming (an active system is being followed by the Bureau of Meteorology) some insurers have previously found the risk of insuring properties too great to accept during this time. If insurers refuse cover, buyers may be inclined to terminate their contracts under the cooling off period until the weather system abates.… Read More »Risky Business – Cyclones, Insurance embargos and nervous buyers

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Anyone who has brought or sold property before will be familiar with the endless stream of paperwork involved in that transaction, along with having to track down a qualified person to witness signatures on various legal documents. E-Conveyancing is now available at PD Law using the PEXA online platform. PEXA reduces the risk of errors… Read More »Conveyancing – Take the stress out of buying or selling property – do E-Conveyancing with PD LAW

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If you ever pop into the PD Law office on a Friday, you will notice that the dress code has become very casual. This is being adopted for an extremely good cause – “Casual4aCause” Fridays is raising funds from the PD Law team (and any visitors who may also wish to contribute) for charity. The team… Read More »Casual 4 A Cause Fridays

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Ending a relationship can be stressful and it’s easy to get confused trying to work out what you need to do to protect yourself and your assets at such an emotional time in your life. To help offer some guidance, here’s some tips on things you should do, or consider, when you separate from your… Read More »Family Law – Going through a separation – what now?

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“Women in law and other dumb concepts” We all woke to the attached ad in the local paper. Our competitor asked: “Have you ever wished an experienced lawyer would carry out your legal work instead of a girl in the office?” Um. None taken. Let’s introduce ‘a girl’ or two from our office: Bernie Gunders… Read More »“What would she know? She’s a girl”

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We were recently asked to advise on the nature of a contract based on an email exchange between a buyer’s agent and a seller’s agent. This issue has come up in earlier posts and will again no doubt as roles and methods of communication continue to evolve. Anyway now might be a timely reminder to… Read More »Don’t forget – your actions can bind your client

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So what is E-Conveyancing? PD Law are excited to have Recently completed our first E-Conveyancing settlement using the new PEXA online platform. So, what is E-Conveyancing and how is it different from the normal paper conveyancing process? E-Conveyancing minimises the manual processes and paperwork associated with property settlement by enabling us to transact with other… Read More »AGENTS SURVIVAL SERIES – VOL11A/2016

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When a relationship breaks down – who gets the kids?  As we come into the last few months of the year, family issues are heightened with financial pressure from having to buy the kids Christmas gifts, to sorting childcare arrangements over the holidays. At certain times this can lead to couples separating and possibly a… Read More »Family Law Seminar Series – 2

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I recently caught a shuttle from the airport to home. Business was obviously good for the bus company – the seats were all full and I found myself in the front passenger seat next to the driver. We chatted easily for the trip. She got to asking me what I did. I told her. Possibly out… Read More »The Value Proposition – What’s a Will really worth to you?

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Separating? What happens now? PD Law are running a series of FREE Family Law Seminars in conjunction with the Whitsunday Neighbourhood Centre. The first of these will take place on Wednesday 7 September from 5.30pm to 7.30pm at the Whitsunday Neighbourhood Centre. There is always a “grey” area when a couple first separates.  When you… Read More »Family Law Seminar Series

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From Whitsunday Reef Festival Site. Download  Reef Festival 2016 Program. Download Whitsunday Reef Festival Road Closure Information. Download Reef Festival bus stop & taxi map The vibrant coastal town of Airlie Beach will come alive in August 2016, as the Whitsunday Reef Festival hits town. The annual favourite festival, is a delicious combination of family fun, community… Read More »Whitsunday Reef Festival 2016

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We recently covered about 2500 kilometres on a family driving holiday. It was a long, long way, but we broke the trip up with a few sleep overs, the obligatory travelling games, and we took turns at playing DJ on Spotify. Complaints about my music were drowned out by volume. We also listened to a… Read More »There are lives at stake – stop being a fence sitter

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Hard to get Foreign Buyers to buy? It just got 3% harder. Starting 1 October 2016, foreign buyers will have to pay an additional 3% transfer duty (stamp duty) when buying residential land in Queensland. This surcharge is called Additional Foreign Acquirer Duty (AFAD). In order to keep this update brief we will not detail… Read More »AGENTS SURVIVAL SERIES – VOL6A/2016

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It’s been a long few months: you’ve spoken to dozens of agents, brokers and banks, builder friends and family members and you’ve decided on the dream home. The agent prepares the contract and asks if you want the usual ‘get out of jail’ clauses –pest and building inspections and a finance clause.  Surely this covers… Read More »I thought the contract covered this.

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“It just crawled into that bloody hole in my glove!” Last weekend I had the great pleasure of harvesting and extracting honey the traditional way from my parents’ bee hive: white overalls, the funny veil, bee smoker, the whole show. And later at their home, separating the honey using this old  extractor (really old –… Read More »The paradox of innovation

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You’ve made your will, got it done, signed, safely stored in your lawyer’s strong room. What now? Although there’s no set time frame, we recommend an annual check up, and here’s why:  marriage and divorce – both can make an impact on your will  re-marriage and further children including step children  the birth of children… Read More »Lessons from the Death Star – When should I review my Will?

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“Nice Shouse!” When Jed Clampettt buys next door…. Picture this 12 months ago – Seller lists his vacant block with you. Once he signs up he hands you the forest of pages of stuff he thinks is pertinent. You know most of it’s not, but you’re polite. 10 months ago – You finally get that… Read More »Agents Survival Series – VOL3A/2016

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Since 2012, PD Law’s goal was to re-think legal services delivery. “It’s no secret legal services are a bit of a grudge purchase”, director Stuart Bell said. “We’re working hard to change that, and offer an affordable menu of contemporary services so people can immediately assess what sort of value we can add.” This is… Read More »It’s not just about the law

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BINDING FINANCIAL AGREEMENTS (BFA) The beginning of a relationship is always an exciting time and in that moment it can be hard to imagine the possibility that things might not work out as planned. Unfortunately, with the realities of modern life, relationships do not always work out and often couples are left trying to deal… Read More »Before, during or after a relationship – any time is the right time to make a financial agreement

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Don’t let the Pool Safety Inspection Date sink your deal We’re seeing loads of contracts with either the wrong date or no date at all. Here’s a quick refresher on when it’s necessary, and what can happen if dates are missing, or wrong When do you need to complete it? When: there’s a pool;  and… Read More »Agents Survival Series – Vol 2B/2016

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But it’s in the letting pool. I can’t give vacant possession Avoiding the 11th hour panic call from your seller The problem It’s pretty common in unit sale contracts to see holiday letting appointments inserted in the tenancy details information in a sale contract, and a copy of the letting appointment attached (and no special… Read More »Agent Survival Series – Vol 2A/2016

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The Clipper Round the World Yacht Race arrives in Airlie Beach on 13 January 2016 and the fleet will be on display at Abell Point Marina from 13 – 18 January. There are lots of Free Events happening over this festival period. Check out the timetable of events here: Round the World Clipper Festival Events –… Read More »Clipper Round the Word Race Fleet arrives in the Whitsundays

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Monday Inspiration : Bob Oatley – Owner of Hamilton Island since 2003, Legendary Business Man, Creator of the Oatley Wines empire and Owner of Maxi Yacht Wild Oats X and Super Maxi Wild Oats has died aged 87.   Mr Oatley was one of the Whitsunday regions most famous champions and a true inspiration to… Read More »Bob Oatley – Owner of Hamilton Island since 2003 has died aged 87

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Press on the picture to play our seasonal greeting! Season’s Greetings The PD Law Christmas/New Year Elite Special Ops division will be available over the Christmas break (excluding from noon Christmas Eve and statutory holidays) We hope you and your family have a fantastic Christmas and a safe and Happy New Year!

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Perennial Battlelines The agent works tirelessly getting the parties to the table, the lawyer gives advice about pool compliance risk (now in the shape of a $20,000 fine). Buyer gets concerned, tells lawyer to kill the deal and to pass on the bad news, agent curses lawyer …  the cycle of real estate life grinds… Read More »1 December 2015 and still no pool safety certificate? That’s fine but what will the buyer’s lawyers say?

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$50? $100 maybe?  A light meal at a casual restaurant?  A few rounds with friends? A tank of fuel? Now consider that number in the context of say a $500,000 house purchase. On anyone’s scale, it’s a tiny proportion. And yet that’s all it takes to cloud consumer judgment when it comes to choosing legal… Read More »Apples with Apples…When price point kills service!

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It’s a trite comment to say Apple has got it right. A cursory Google (or perhaps Safari?) search will reveal the message behind the Apple brand, and how it is supported with an almost religious zeal by its followers, and its team. No we don’t think we’re Apple, or Google, or Coke, or the North… Read More »We’re lawyers! What do we know about branding?

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When are your vendor clients, (and you) locked in by email? Some sellers and buyers don’t want to be locked in until the proverbial ink dries on the contract. You’ve probably seen or even typed emails during negotiations with phrases like  subject to the parties signing a formal contract…, which have traditionally made it clear… Read More »Email exchanges and other land mines  – tread carefully

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I’LL CUT MY OWN DEAL THANKS  Keeping the lawyers out, and other good ideas.   ‘Just keep it simple and to the point – the last thing I want to do is scare them off.’  Everyone, and I do mean everyone, leads with those words when they’re providing instructions. It’s understandable. Apart from obvious reasons like… Read More »DIY Lawyer

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Business Mobility, Knowledge Workers and Choice 20 years ago our reception area was frequently short on chairs. A combination of limited technology, and traditional expectations of lawyer / client relationships meant that often, business was conducted face-to-face. Today, the business of law is vastly different, and for good reason. First, people don’t have time to… Read More »THERE’S NOWHERE TO SIT!

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Just before Christmas, PD law CEO Mel Cox took a call from a prospective home buyer client wanting a price for a conveyance. With expected apprehension of any buyer of legal services, our soon to be client asked the obligatory barrage of questions, making sure she knew we knew what we were talking about. Yet,… Read More »‘Give me certainty please’ – Fixed Fee legal pricing and why it works

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PD Law has revealed its new look office signage. Thanks to local signage business – Angel Signs we now have a brand new look – and we think it’s great. We recently redefined our vision statement and wanted our branding to reflect this said Mel Cox – Director/CEO. Our firm is relentless in building a… Read More »PD Law Office has a makeover – new signage!

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Here’s the PDL Bullet point list There’s a new look and feel about it, a fresh new layout and some key changes that we’ve been hoping would be included. Some of the key features include: Title Encumbrances – must be specifically listed, especially statutory easements and covenants. It’s not sufficient any more to simple say… Read More »Agents – Too Busy to read the New Contract?

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“I went into business with your spouse, not you!” You’ve been in business with your good friend and close ally Mark for almost a decade, building a strong business together. You’ve survived the GFC, massive competition, and a couple of bad business decisions you’d rather forget. But you’ve both come through, and your business is… Read More »Business Wills – managing the silent partner !

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Island life – taking the plunge! Diving in – what’s different? While many are familiar with buying and owning freehold title property like vacant land, houses or units, the concept of leasehold title is different. In practice though, for property holders on Hamilton Island, the difference is not significant. Title to all property on Hamilton Island… Read More »Buying on Hamilton Island? Download our comprehensive guide!

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Like many husbands / dads, I think I do my fair share of work around the house. But it’s during weeks like this one – my wife away at a  conference, two of my three children at home with exotic / challenging stomach bugs – where I realise the real work is at home! Anyway,… Read More »Embracing remote working in a tech savvy office – A Story of Flexible Working

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In today’s digital society, treasured memories and valuable assets are being  stored, uploaded and shared as part of everyday life.  Along with the photos we upload, our status updates, tweets, blog posts and emails, this wealth of personal information has combined to form what is now referred to as our “digital legacy”. It is becoming… Read More »Online Assets – Deciding who controls your digital legacy

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Here’s a brief summary of its effect on your business as real estate agents, and what you and your developer clients should consider. We’ll provide a more comprehensive summary once the legislation comes into force: The Big Ticket items it relocates and slightly amends pieces of legislation from the Land Sales Act across to the… Read More »Sales Team Alert – On Tuesday, the QLD Parliament passed the Land Sales and Other Legislation Amendment Bill 2014

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Hot on the heels of the ALPMA/Telstra Thought Leadership Award, we are pleased to announce that our CEO Mel Cox has been nominated for the Whitsunday Women in Business Awards 2014! This award will go to the best Woman Business Owner Champion in Airlie Beach and the Islands for 2014 and shows how highly thought of Mel is amongst… Read More »CEO/Director of PD Law – Mel Cox is nominated for the Whitsunday Women in Business Awards

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PD Law are delighted to announce, that this week they have launched a Client Portal and Mobile Phone App, offering their clients the opportunity to access their information by downloading an iPhone or iPad app or  going onto the web. Clients will be able to check on their critical dates, look at reminders, view their contracts… Read More »PD Law Launches a Client Portal and Mobile App

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This was the topic set to the Finalist Panel for the ALPMA/Telstra Thought Leadership Award Finalists by Warrick McLean General Manager, Coleman Greig Lawyers ALPMA. Mel Cox CEO/ Director of PD Law answers the 5 questions posed regarding Innovation and Law Firms : Q1 What is the difference between innovation and improvement and what is the defining characteristic of… Read More »Law Innovation. If it was easy, everyone would!

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Meet Isabelle (Izzy) who is completing her structured workplace learning at PD Law this week. Isabelle is in Grade 12 at Proserpine High School and she expressed an interest in working with us, when the opportunity came up. We asked her a few questions to get to know her: Why did you want to do… Read More »Isabelle (Izzy) on work experience from Proserpine High School

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You’re invited to an investment information evening. For investors in the Whitsunday region, or aspiring ones, the property market can be a confusing place. Stuart Bell, a director at Property and Development Law, will be one of the speakers at this event, to advise attendees on asset protection, entry and exit strategies and contract costs.… Read More »Investment Information Evening – February 13th 2014

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A guide to buying real estate in the Whitsundays The Whitsundays has more than most to offer. Encompassing four unique townships, the region offers an ideal mix of stunning natural surroundings, a relaxed lifestyle and economic growth through development, tourism, agriculture and resources. Airlie Beach, the hub of tourism in the Whitsundays, is home to… Read More »Purchasing Property in Paradise

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How they work We’ve all heard about these. Sometimes called ‘mortgagee in possession’ sales, or ‘mortgagee auction’ sales, even ‘foreclosures’, the result is the same: a property owner defaults under the mortgage, and the bank sells the property up. The image conjures up phrases like ‘rock bottom price’, ‘take it or leave it’ and ‘as… Read More »Mortgagee sales – what’s in store for buyers

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Off The Plan The term ‘off the plan’ is not so much a legal term but rather an industry one, referring to all types of units and land being sold (but not settled) before legal title actually exists. Below are some of the essential elements of off-the-plan contracts, along with some things to consider before… Read More »Buying off the plan – the detail

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Motivation to sell More than ever, agents will need to be very attuned to clients’ reasons for selling. Rarely will a seller be inclined to candidly speak of their personal financial position, and understandably so. The irresistable conclusion is however that you must establish whether a seller’s motivation to sell is not so much their… Read More »Distressed sales – has the price been cleared?

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Sales Team Alert – 22 November 2013 PAMDA out – POA in – soon! On Wednesday the Property Occupations Bill was introduced to Parliament. It will, once it commences, replace PAMDA … thankfully…   What do you need to know Transitional provisions – for any contracts signed while PAMDA is in force, they’ll continue to… Read More »PAMDA out – POA in – soon!