Queensland Family Risks Losing $45,000 Deposit in Rochedale Dispute with Kinslake

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A Queensland family faces losing $45,000 of their home deposit due to a dispute with developer Kinslake Property Group over a terminated contract for a townhouse in Rochedale’s Aluna development. This article examines the family’s plight, the developer’s actions, and broader concerns about Queensland’s property laws.

In 2022, Daniel McInnes and Anisha Thapa paid a $45,000 deposit for a $758,000 off-the-plan townhouse in Rochedale, excited to secure their dream home. A year later, Kinslake Property Group sent a deed of rescission, citing material and labor shortages as reasons to terminate the contract. The family refused to sign, arguing the developer had no legal grounds to cancel. In 2024, after the Brisbane City Council (BCC) rejected Kinslake’s request to amend development plans, the developer invoked a contract clause to justify cancellation, claiming the family’s refusal caused delays. McInnes, quoted by ABC News, said, “It just looked like a great deal, and we were super excited,” highlighting their devastation.

The situation escalated when McInnes created a small Facebook group with five members to connect with other Aluna contract holders. Kinslake’s lawyers claimed the group’s “potentially defamatory” posts caused reputational damage, justifying withholding $45,000 of the deposit as compensation. McInnes deleted the group, but the financial hit remains, compounded by a $300,000 loss from rising property values, with Rochedale townhouses now averaging $975,000. Kinslake denies allegations of canceling to profit from the property boom, asserting the termination was valid.

This case exposes flaws in Queensland’s property laws, which lack the settlement grace periods found in southern states. Critics argue this leaves buyers vulnerable to developers exploiting contract clauses. Aaron Roberts, a lawyer with MAP Lawyers, noted, “It definitely needs looking at how we can protect all parties,” emphasizing the need for reform to hold developers accountable. With Kinslake linked to Kinstone Group, questions arise about transparency in such disputes. The McInnes family’s fight underscores a broader issue: without stronger protections, Queensland homebuyers risk significant financial losses when developers back out, leaving families to bear the burden of a system tilted in favor of corporate interests.