Your Top 6 Questions Answered By An Australian Property Lawyer
We asked one of our trusted property lawyers the top 6 questions foreign buyers are asking right now — here’s what you need to know.


The types of residential property that a foreign person can buy in Australia include:
Note: From 1 April 2025 to 31 March 2027, foreign persons are banned from purchasing established dwellings in Australia.
If you are a foreign person, you need to obtain the Foreign Investment Review Board (FIRB) approval from Australia Taxation Office (ATO) before purchasing a residential property. The ATO generally approve an application to purchase a residential property within the residential property a foreign person can buy in Australia as discussed in Question 1.
The FIRB application fee is as follow:
Note: The FIRB fees increase on 1 July every year (start of financial year), lock in property before 30 June for submission.
You are a foreign person if you are NOT:
So yes, a temporary resident is a foreign person in the Australian foreign investment legislation.
The local stamp duty rate payable is approximately 5% to 5.5% of the purchase price. Foreign purchasers pay an additional 8% stamp duty surcharge in addition to the local stamp duty rate.
Note: If your Australia PR is granted before settlement, the 8% stamp duty surcharge will be waived.
Yes, the good news is that a new temporary off-the-plan stamp duty concession is available in Victoria for off-the-plan dwellings such as land and building packages, residential towers and low-rise apartments. Our legal consultant will be able to advise how the concession works.
Note: Contract must be entered into on or after 21 October 2024 and before 20 October 2026.
10% deposit is payable at signing of contract to the developer’s lawyers and will be held in the lawyers’ trust account until the property is completed and new titles are registered. The 90% balance purchase price is only payable at settlement i.e. when the property is completed. You can prepare funds and application for loan during this period.
Buying from overseas doesn’t need to be confusing — with the right team of lawyers, accountants and brokers, the process is smooth and stress-free.
We can connect you with trusted professionals we work with every day. We have a network of professionals qualified to practise law in both Australia & Malaysia, who speak English, Malay, 中文, 廣東話.
Want a list of our recommended contacts? Just get in contact with our team below and we can connect you with the right people.

Complete guide to applying for an Australian home loan as an international buyer. Learn about pre-approval, documentation, broker selection and settlement planning.
Purchasing an Australian property from overseas can feel daunting, especially if it's your first time. For international buyers considering off-the-plan apartments, understanding the finance process is crucial to avoid surprises and ensure a smooth purchase. This guide breaks down the steps in a clear, professional and practical way.
Before approaching a lender, it's important to understand how you will fund your purchase. Most overseas buyers combine equity or refinancing from their home country with some cash, sometimes complemented by a smaller Australian loan.
Key considerations:
Navigating Australian lending requirements can be complex for overseas purchasers. A mortgage broker specialising in international buyers is invaluable.
How a broker helps:
Working with an experienced broker ensures your application is processed efficiently and reduces the risk of delays.
Whilst many buyers only approach a lender after paying the deposit, the best practice is to obtain pre-approval first.
Why pre-approval helps:
Once settelement draws closer, lenders will require comprehensive documentation to process your loan. Typical documents include:
Tip: Keep in mind currency exchange timing, as it can affect the exact amounts available for deposit or settlement.
Once your documents are ready, your broker will submit the application. During this stage, lenders typically check:
Approval times can vary, so allow sufficient lead time, especially if you are aligning with property settelement.
Even with careful preparation, a few surprises can arise:
Valuation differences: The lender's valuation may differ from the contract price due to the time passing between pre-approval and settlement (sometimes years), impacting your loan amount.
Interest rate changes: Variable rates will fluctuate before settlement, and are mostly dictacted by the Reserve Bank of Australia (RBA).
Additional cash requirements at settlement: Conveyancers and brokers will alert you early, but always keep a contingency buffer.
Having these risks in mind and maintaining open communication with your broker will help you navigate any challenges smoothly.
As settlement approaches, finalise your funds and ensure everything is coordinated between your broker, lender and conveyancer. Having contingency funds set aside is essential to cover any unexpected costs and complete the purchase without stress.
With proper preparation and the right guidance, applying for a home loan in Australia as a first-time overseas buyer can be straightforward and stress-free.

Learn what happens after buying an apartment in Australia. Expert guide covering settlement, defects, property management & Owners Corporation information.
For many buyers, especially those purchasing from overseas, signing the contract can feel like the finish line. You've done it. Keys in hand. Property secured.
But here's what most people don't realise: settlement isn't the end of your journey. It's just the beginning of ownership.
What happens next matters far more than the purchase itself. Your experience as an owner will be shaped almost entirely by how the property is managed, leased, and maintained. This is the part of the process that's rarely explained properly. So here's what actually happens after you buy an apartment in Australia, based on real, on-the-ground experience.
Settlement is when legal ownership officially changes hands. Your lender and conveyancer finalise the paperwork, funds are transferred, and the keys are released. Sounds straightforward, right?
From that moment on, responsibility for the apartment shifts entirely to you. That includes:
For owner-occupiers moving in themselves, this transition feels natural. For investors, particularly those overseas, much of what happens next operates quietly in the background. And that's precisely where good management becomes critical.
One of the biggest concerns buyers have after settlement? Defects.
Here's the truth: no property is perfect. Brand-new apartments especially will have minor issues. It's not ideal, but it's normal.
Don't panic. These are usually minor things:
Most new apartments come with a defects liability period, typically 12 months after settlement. Think of it as your warranty period.
During this time:
This is where many owners realise the value of professional help. An experienced property manager knows:
Without this expertise, minor defects can feel overwhelming. With it, they're just part of the process.
Here's something many owners learn too late: your property manager matters more than you think.
Most people don't realise how much responsibility sits with this person until something goes wrong. A leaking pipe at 2am. A dispute with a tenant. An Owners Corporation issue that needs immediate attention. So what separates a good property manager from an average one?
Accessibility: Can you actually reach them? Phone, email, in person. You shouldn't be chasing them down.
Responsiveness: Do they reply quickly and take action? Or do issues sit unresolved for days?
Regulatory knowledge: Do they genuinely understand Australian tenancy laws and compliance? This isn't optional.
Judgement: Do they know when to escalate something to you, and when to handle it themselves?
For overseas owners especially, your property manager becomes much more than a manager. They become:
Choose wisely.
Getting a tenant quickly is easy. Getting the right tenant? That's what separates good property management from great property management.
Here's what actually determines tenant quality:
Meeting them matters
Yes, in person (or video). This allows:
Proper screening isn't just paperwork
Reference checks are essential, but they're not just a box-ticking exercise. Experienced managers know what questions to ask and what signs to look for beyond income statements.
Timing is everything (especially for student properties)
If your property targets students, timing is critical. Having the apartment available at the start of the academic year can dramatically improve both tenant quality and stability.
Miss that window? You might be waiting months for the right tenant.
Every apartment owner automatically becomes part of an Owners Corporation (you might know it as strata). This isn't optional. The moment you settle, you're in.
Your Owners Corporation:
Here's a tip many owners don't know: you can appoint your property manager as your Owners Corporation representative. If they already manage multiple apartments in your building, this is especially valuable. Why? It eliminates friction, speeds up communication, and reduces the chance of things slipping through the cracks.
For overseas owners especially, much of what makes property ownership smooth is completely invisible. Your property manager is:
Most owners don't regret buying their apartment. What they do realise, often months or years later, is this:
"Good management matters far more than I expected."
Not because ownership is difficult. It isn't.
But because it's structured, regulated, and ongoing. When the right systems and people are in place, ownership becomes predictable, stable, and genuinely low-stress, even from thousands of kilometers away.

Discover the best Melbourne areas for international property buyers. Expert guide covering CBD, Southbank, Carlton & South Melbourne for students & investors.
One of the most common questions we hear from overseas buyers is: "Which area is the best to live in Melbourne?"
It's a fair question — especially when you're buying from overseas, investing significant capital, or purchasing a home for your children studying in Australia.
But after years of working with Malaysian families and investors, here's what we've learned:
There is no single "best" area in Melbourne.
There is, however, a best approach — and understanding that difference can save you from making an expensive mistake. This guide is written specifically for Malaysian parents and investors, based on real experience rather than generic suburb rankings.
When international buyesr ask about the "best" area, they're usually concerned about:
These are all sensible priorities. The mistake many buyers make, however, is assuming that closer automatically means better — particularly when it comes to universities.
University of Melbourne and RMIT University remain the two biggest drivers for Malaysian buyers in Melbourne. Traditionally, this led many parents to focus narrowly on areas immediately surrounding these campuses — particularly Carlton. While this made sense years ago, Melbourne's public transport network has evolved significantly.
With major infrastructure upgrades, including the Melbourne Metro Tunnel, students can now reach universities quickly and easily from a much wider range of locations.
What this means in practice:
In other words, transport connectivity safeguards both today's liveability and tomorrow's rental demand.
The Melbourne CBD remains one of the most popular choices for international and Malaysian buyers — and for good reason:
While CBD apartments haven't always delivered the highest capital growth historically, Melbourne is currently experiencing a housing supply shortage, particularly for well-designed, larger, high-quality apartments. This supply-demand imbalance supports long-term value, especially for premium stock.
Southbank appeals to buyers looking for:
It remains popular with both students and young professionals, making it a strong dual-purpose option.
South Melbourne is often recommended to international families who want:
It's particularly well-suited to families buying a property that will serve both as a residence for children and as a long-term family asset.
Carlton is frequently requested because of its proximity to the University of Melbourne. However, in our experience, it can be a safe but limited choice.
The lifestyle offering isn't what it once was, and compared to the CBD, Carlton often provides:
Proximity to a university alone is no longer enough.
One of the most important insights for overseas and Malaysian buyers is this: the quality of the project matters more than the suburb.
High-quality developments:
When it comes time to sell, Malaysian owners are often selling to local Australian buyers. Australians focus heavily on:
A well-designed apartment in the right building will always outperform an average apartment in a "good" suburb.
Australia has strict regulations for foreign buyers. Malaysians purchasing property generally require FIRB (Foreign Investment Review Board) approval, which limits purchases to:
This naturally means:
For this reason, Malaysians place strong emphasis on:
Melbourne is one of Australia's most stable property markets. Buyers don't need to be overly conservative to achieve security.
While some choices may feel "safe," they can also limit:
With housing supply unable to keep pace with demand, large, well-designed, high-quality apartments with a clear point of difference are increasingly future-proof.
One Malaysian family purchased a three-bedroom apartment in South Melbourne over 15 years ago while their children were studying in Australia.
Since then:
It became more than an investment — it became a long-term family asset, benefiting multiple generations while retaining strong value.
Instead of asking "What's the best area?", ask:
When these questions are answered properly, the "best area" becomes clear.
Melbourne offers many excellent areas to live and invest in — but the right choice depends on your goals, your children's needs, and the quality of the asset you're buying.
For Malaysian buyers, success comes from:
If you're unsure which area or project suits your situation, working with specialists who understand both the Malaysian buyer mindset and the Melbourne market can make all the difference.