Three things to know about an unconditional contract

Amasha
May 11, 2024
Last updated October 11, 2025
3 min read
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Shortfall Account v Trust Account

Shortfall Account v Trust Account

You must find out and decide whether you will need to use a shortfall account or a solicitor trust account to deposit any shortfall of funds between the money your bank will provide to you and the money you need to settle your property purchase.

Shortfall Account

This is an account provided by a bank or your financial institution for you to deposit any shortfall.

You should make an inquiry with your Mortgage broker or bank if they will be providing you with a Shortfall account for you to deposit any shortfall of funds between the amount you will receive as your loan and amount needed to settle your property. 

Trust Account  

This is a bank account that allows us as your Solicitors to hold your money on trust for you.  

If your Mortgage broker and/or bank advice you that you will not be receiving a Shortfall account facility, you should write to us immediately as you will need to use our Solicitor Trust fund account to deposit the shortfall of funds for us to settle your property.  

What is stamp duty?

Stamp Duty is a tax levied by all state and territory governments on property purchases. On purchases of Residential real estate, you are required to pay Stamp Duty, unless exempt.

If you are a foreign natural person (that is you are not an Australian citizen or Permanent Resident), you will need to pay a Foreign Purchaser Additional duty (FPAD) as well as the regular Stamp Duty without exemption.

How is it Calculated?

The amount of stamp duty that you are required to pay depends on:

  • The price of the property you are purchasing

  • The state that your property is in/the location of the property

  • Your intended use of the property

Exemptions and Concessions

There are exemptions from or reductions of the stamp duty if:

  • You are a first home buyer

  • You are going to live in this property (principal place of residence)

  • The land transfer is from deceased persons to their beneficiaries

  • The transfers are between spouses and partners, including transfers from parties to a divorce settlement

You may also receive other concessions such as:

  • Off-the-plan purchase (buying a property before the building work has finished) concession provided that this is going to be your principal place of residence.

  • Pensioner duty exemptions or concessions.

What Should You Do?

As your conveyancer, we will fill out the DOL form for you.

You will then receive an email with a link to the form.

You must:

  • Click on the link.

  • Provide your birthdate in order to open the form.

  • Click through and thoroughly check all the details in the form to ensure that they are correct.

    • This includes your personal details, details of the property you are purchasing and details of your eligibility for stamp duty exemptions that we applied for, etc.

Once you are satisfied that all the details are correct, you must sign the form. In most cases, you will sign as the transferee.

If due to an exceptional circumstance, you are signing on behalf of an individual or company, then you must sign as the Power of Attorney.

However, in all other cases, you must ensure that you sign the form as the transferee.

Keith James

Keith James

Keith is a graduate of Monash Law School. He moved to Melbourne, Australia in 2014 and has a passion for working with migrants, who aspire to call Australia their dream home. Being a migrant himself, he has a tremendous capacity to empathise with the problems his clients face and focuses on providing them with outcomes that leads to Permanent Residency in the shortest possible time.

Keith practices in all aspects of Migration law, with a particular focus on Skilled Migration and Family visas. He stays abreast on the latest updates in state nomination criteria and has a wide range of options available to assist his clients navigate their migration aspirations.

  • LLB (Monash University, Australia)
  • Member (Law Institute of Victoria)
  • Member (Migration Institute of Australia)

Need Legal Assistance?

Our experienced legal team is here to help you with your immigration and legal matters.

Client Reviews

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Daneesha Fonseka

Daneesha Fonseka

I had a great experience with Lavanya and Keith throughout the property purchasing process. They were professional, responsive, knowledgeable and thorough, keeping me informed at every stage and making what can be a stressful process feel smooth and straightforward. They were always happy to answer my questions, explain the details clearly and ensure everything was handled efficiently and with care. I really appreciated their attention to detail, reliability and commitment to making the entire process as seamless as possible. I would highly recommend their services to anyone looking for a trustworthy and professional conveyancer. Thank you for all your help and support!

in the last week

kavindu amugoda

kavindu amugoda

I’m really grateful to Keith and the whole MJ Legal team for all the help and support throughout the process. Keith was always very helpful, professional and easy to talk to. Whenever I had questions or was stressed about something, he explained everything clearly and always made me feel supported. The whole team was really good with communication and handled everything very professionally. I’m really happy with the outcome and I truly appreciate all the work they did for me. I would definitely recommend MJ Legal to anyone who needs immigration help. Thank you so much Keith and the team for everything. I really appreciate it.

a week ago

Neth Udakara

Neth Udakara

I’m so happy to have received my visa! A big thank you to MJ Legal for their support throughout the process. Special thanks to Amasha for being so helpful, and supportive every step of the way. She and team made the whole process much easier and stress-free. Really appreciate all your help and highly recommend MJ Legal!

a week ago

Janith Dissanayake

Janith Dissanayake

As an applicant, one of the most important things you need from your lawyer or migration agent is communication. You want to know what’s happening, what comes next, and that someone is actually there when you need them. Tamasha, Amasha, Keith, and the whole team at MJ were exceptional at this. From the very beginning to the end of the process, we never felt left in the dark. We always knew where things stood, what was needed from us, and what the next step was. They were honest, transparent, easy to reach, and always willing to explain things properly whenever we had a question. Our case wasn’t particularly complicated, but the way they handled everything still gave us a lot of confidence and peace of mind. We never felt like just another file, and you could tell the team genuinely cared about getting things right. If our case had been more complex, or if I ever had to go through this process again, there genuinely isn’t another firm I would want handling it. We’re incredibly grateful to the whole team at MJ, and I wouldn’t hesitate to recommend them to anyone going through the migration process.

2 weeks ago

S

Sarah Johnson

Excellent service from MJ Legal. They handled my visa application professionally and efficiently. Highly recommend their expertise in immigration matters.

2 weeks ago

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