Conveyancing & Settlements

Services

Cullen Macleod’s Conveyancing & Settlements Team can help you with:

Purchasing a property is a significant financial and personal decision. Whether you are a first-time buyer, an investor or upgrading your home, every transaction involves legal requirements that must be handled carefully. Our role is to guide you through the process, ensure the contract reflects your intentions, identify potential risks early and support you through to a smooth settlement.

Selling a property involves important legal, financial and contractual steps that must be managed accurately to protect your interests. From preparing the contract and required disclosures to coordinating with agents, buyers and lenders, we ensure the process is handled efficiently and that your obligations are clearly met from listing through to settlement.

Negotiating parenting arrangements after separation can be an emotional and stressful experience, and can raise a number of (often complex) questions, such as:

Where will the children live?;

How will the children divide their time between parents (and possibly extended family such as grandparents)?;

Who is going to pay for the school fees and extra-curricular activities?;

If the children live with one parent most of the time, when will they spend time or communicate with the other parent and other close family members?;

Whether the parents will make decisions affecting their children together or individually?

How will decisions be made in relation to issues such as schooling, health and medical, religious and cultural matters; and

Where the child will live if one of the parents wants to move a significant distance from where they currently live (relocation)?;

In our experience, reaching an agreement outside of Court helps to preserve the parenting relationship that separated parties continue to share in the years after their matter has ended. This in turn has significant immediate and long-term benefits for their children. We acknowledge and understand the emotions that come with separation and we assist our clients to maintain a child-focused approach to their case, to ensure they achieve the best possible outcome for their children.

In cases involving urgency, child-welfare concerns or family violence, mediation or negotiation may not be appropriate. If litigation is necessary, we will guide you through the Family Court process. In most cases, an agreement is reached at some stage in that process, without the need for a contested trial.

The financial support of children can create difficulties for many people after the breakdown of their relationship. In most cases, child support will be determined by the Department of Human Services (formally the Child Support Agency) once a parent makes an application for a child support assessment.

Parents also have the ability to enter into a formal or informal private agreement about how child support payments will be made. These agreements offer a high degree of flexibility and can cover costs that may be outside the scope of usual child support assessment, including fixed or ongoing expenses such as school fees, health insurance or extra-curricular activities.

They also enable parents to agree a periodic child support amount that is different to their child support assessment.

Because they are private, it is usually essential for both parties to obtain independent legal advice about the agreements, before they sign. We have extensive experience in preparing and advising on private child support agreements.

A Binding Financial Agreement (sometimes referred to as a BFA or ‘pre-nuptial agreement’), can be made by de facto and married couples at any time before, during or after separation.

Financial Agreements are becoming an increasingly popular method of asset protection and estate planning. They are the best (and only) means of defining how joint and separate property will be divided between parties during the relationship, or before a separation occurs.

They are commonly used by couples entering into a second marriage, those who have an interest in a business, or with children from an earlier relationship, to protect their personal property and their children’s inheritance.

The effect of entering into a Financial Agreement is generally to prevent either party from later making an application for property settlement in the Family Court. Because Financial Agreements are not reviewed by the Family Court, both parties must obtain independent legal advice about the effect of the Agreement on their rights, and the advantages and disadvantages, at the time the Agreement is made, of entering into it.

The consequences of signing a Financial Agreement are significant. Proper preparation of the Agreement and comprehensive legal advice are essential to protect the agreement against any future challenge.

Our Family Law Team has significant experience in the preparation of Financial Agreements (both simple and complex) and the provision of advice in relation to Agreements prepared by other solicitors.

Family Mediation is an important tool to use following a separation. Our Perth Family Mediation service have extensive networks with a broad range of different mediators, all of whom have different strengths and approaches. This means we can tailor our family mediation process to meet your particular needs.

In most parenting disputes, parents must attend Family Dispute Resolution before making an application to the Family Court of Western Australia. Parents can utilise government funded Dispute Resolution services at Relationships Australia or Anglicare, or can elect to engage a mediator privately. When both parties participate in the process, mediation can be a highly effective way of resolving a dispute entirely, or at the very least, narrowing the issues in dispute, before Court action is taken.

If both parties are legally represented in a property settlement matter, in most instances they will be strongly encouraged to attend our Mediation-Style Conference, either before starting proceedings in the Family Court, or after the first hearing of the Application.

A Mediation-Style Conference is a half or full-day mediation attended by the parties, their lawyers and a qualified Mediation Chairperson. All participants should prepare for the mediation to maximise the prospects of a successful outcome.

Mediation-Style Conferences can be a highly effective means of reaching a settlement (in relation to property settlement and / or parenting) outside of Court.

Adoption is the legal process by which a child ceases to be the legal child of his or her birth parents and becomes instead the child of the adoptive parents, as if born to them.

We can help you with the process of adoption, which is relatively straightforward.

Buying or selling property?  Let's make it less stressful

Whether you are buying your first home, upgrading to your dream property or managing a portfolio as an experienced investor or developer, Cullen Macleod offers a premium conveyancing service tailored to your needs.  

What sets us apart is our ability to provide a comprehensive, end-to-end service.  From contract preparation or review to final settlement, our team of experience conveyancers and settlement agents are with  you every step of the way, back up by real estate lawyers, giving you peace of mind throughout the process.

Residential transactions

Buying or selling a home is a significant financial decision and every transactions involves a number of legal requirements that must be handled correctly. Our role is to manage the process from start to finish, ensuring your interests are protected and your transaction progresses smoothly.

Contract review and documentation

We prepare, review and advise on all documents involved in your transaction, including contracts for sale, transfer documents and property searches. We ensure the paperwork accurately reflects the agreement, complies with Western Australian requirements and safeguards your legal and financial position.

Statutory and government notifications

Property transactions require notification to several government authorities. We take care of these requirements on your behalf, so titles, rates, duties and other statutory obligations are properly updated without delay.

Coordination with all parties

We work closely with your lender, mortgage broker, real estate agent and the other party’s representatives to keep the transaction moving. Our involvement ensures that communication is clear, deadlines are met and everyone is working from the same information.

Settlement management

Settlement is the point at which ownership formally transfers. We monitor all conditions leading up to settlement, ensure documents and funds are ready, and address any issues that arise so the process is completed accurately and on time.

Before you sign a contract

It is important to seek advice before signing any contract for the purchase or sale of property. Once signed, you may be legally bound to proceed, and changing or withdrawing from the agreement can be difficult and costly.

A brief review before signing can:

identify unfavourable or unclear terms

highlight title issues, easements or encumbrances

address concerns about building approvals or unlicensed works

clarify settlement timeframes and special conditions

Early advice gives you the opportunity to negotiate terms and avoid unexpected complications.

Click Here to Obtain a copy of a Residential Guide to Your purchase

Click Here to Obtain a copy of a Residential Guide to Your Sale

Commercial real estate transactions

Commercial property transactions require careful planning, detailed due diligence and precise documentation. Whether you are acquiring or selling a commercial asset, each step involves legal, financial and regulatory considerations that differ significantly from residential property matters. Our role is to guide you through the process, protect your interests and ensure the transaction proceeds efficiently.

Why commercial transactions require specialist support

Commercial property is often linked to business operations, investment strategies and long-term financial planning. Decisions made at contract stage can carry significant implications for income, tax, leasing arrangements and asset value.

Extensive due diligence requirements

Commercial assets require a deeper level of investigation. This may include:

reviewing planning approvals, zoning and land use restrictions

analysing existing lease agreements and tenant obligations

assessing environmental risks and contamination reports

reviewing outgoings, service contracts and property management arrangements

understanding infrastructure constraints, easements and access rights

Thorough due diligence is essential to identify issues before you are contractually committed.

Complex contract structures

Commercial contracts are often heavily negotiated, containing bespoke terms, detailed special conditions and sophisticated risk-allocation provisions. These terms shape your rights and obligations long after settlement has occurred and must be reviewed with care.

Multiple stakeholders and moving parts

Commercial transactions typically involve lenders, tenants, property managers, local councils, valuers and other advisers. Coordinated communication and clear management of responsibilities are essential to keep the transaction on track.

Supporting investors and business owners

Whether you are purchasing your first commercial property, expanding your portfolio or divesting an asset, tailored legal advice helps you navigate the complexities and avoid costly oversights. With a detailed understanding of commercial property law and local regulatory requirements, we help you proceed with confidence at every stage.

Private Sale Transaction

We can act for you on the sale or purchase of a property where there is no real estate agent involved.

We will prepare the contract and special conditions to cater for your needs. 

To finalise the sale, we can also attend to the conveyancing of the property on your behalf.

Land Developments & Sub Divisions

Over the years, Cullen Macleod has assisted many small and large property developers with their developments.

We can assist you right from the start and with our experience, we understand your goals.

We can act for you on the original purchase and then be there for you throughout the development phase and subdivision. We are able to prepare the necessary documentation for subdivision and then settlement.

Family or Related Party Transactions

With our experience in Wills, estates and duty we are able to act for you with family or related party transactions including transfers to and from family trusts, beneficiaries and superannuation funds.

We can prepare the necessary deeds, contracts and documentation necessary to complete the transfer of the property.

Johanna Prosser, Conveyancer at Cullen Macleod
Johanna Prosser

Conveyancer

Marnie Aldrick, Conveyancer at Cullen Macleod
Marnie Aldrick

Conveyancer

Need more information?

If you would like any more information on conveyancing or settlement matters please contact our team today.

08 9389 3999

mail@cullenmacleod.com.au

Our conveyancing team

See the full Cullen Macleod team