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ARTICLE · 27 OCTOBER 2025

When Is A Deed Binding? Key Lessons From Monaco Solicitors V Prolend Solutions

McCarthy Durie Lawyers
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This article explains the case, focusing on the meaning of "delivery" of a deed under Queensland law.

AustraliaReal Estate and Construction
Drazen Kozaric
Drazen Kozaric
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In commercial and property transactions, deeds are a common legal tool used to formalise agreements. But when exactly is a deed legally binding? A recent decision by the Supreme Court of Queensland, Monaco Solicitors Pty Ltd v Prolend Solutions No 50 Pty Ltd [2025] QSC 199, offers important clarity.

This article explains the case, focusing on the meaning of "delivery" of a deed under Queensland law, the enforceability of deeds signed but not fully executed by all parties, and practical takeaways for businesses and legal practitioners.

Background of the Case

Monaco Solicitors Pty Ltd and Prolend Solutions No 50 Pty Ltd were both lenders to a property development project in Queensland. The project involved subdividing and developing land, secured by registered mortgages in favour of both lenders.

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