A recent Supreme Court of Queensland case shows that it is important to be precise when following contractual provisions. A buyer and seller sign an REIQ contract of sale. The contract includes a provision that the buyer must give notice to the seller that the building and pest inspection has been satisfied by 5pm on a particular day, and if such notice is not given by this time, then the seller can terminate. The contract says that notice can be given by fax to the seller or the seller's solicitor.
The buyer's solicitor gave notice at 4.57pm to the seller's real estate agent, not the seller's solicitor. So the seller terminated the contract at 5.07pm. This termination by the seller was considered to be valid.
See Simpson v. Jackson [2014] QSC 191
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