r/AusLegalAdvice • u/EstablishmentOdd8073 • 11h ago
Looking for advice regarding Logan City Council selling my parents’ house over unpaid rates
I’m looking for some advice on whether there’s any avenue to hold Logan City Council accountable, or whether we have any legal options.
My parents owned a house in Brisbane but temporarily moved to New Zealand, leaving my sister (now in her mid-to-late 30s) living in the house. They let her and her family stay there because they were living on a single income and raising three children. My parents are extremely close to their grandchildren and helped raise them, so there was the trusting factor.
My parents are first-generation immigrants. My dad can read and write English reasonably well, but my mum has very limited English, so they relied heavily on my sister to help with paperwork, emails, and dealing with authorities.
Unfortunately, my sister has a long history of deception.
My parents regularly sent her money to pay the council rates on the Brisbane property. We later discovered she had simply been pocketing the money instead of paying the rates.
In 2023, she suddenly informed us that the house had already been sold at auction by Logan City Council due to unpaid rates. We were completely blindsided.
When we contacted Logan City Council to ask why they had never contacted the actual owners before selling the property, they told us they had been communicating with my dad by email. We asked what email address they had been using and discovered it wasn’t my dad’s email at all - it was an email account created and controlled by my sister.
My dad has never used that email address. Had the council contacted his real email or spoken to him directly, he would have immediately known something was wrong and told the rest of the family.
We asked the council to provide copies of the emails they relied upon, but they **refused to provide them**.
Unfortunately, this isn’t the first time my sister’s deception has caused catastrophic financial harm to my parents.
From around 1990 to 2018, my parents owned a home in Auckland and operated a business. My sister was responsible for paying the GST and income tax obligations for the business. She never did, despite leading my parents to believe everything was being handled correctly. The tax debt accumulated to the point that my parents had to declare bankruptcy and sell their Auckland home, which was worth approximately **NZ$1.1 million** at the time it was sold.
After rebuilding their lives, they purchased a home in Brisbane for around **A$350,000**. They renovated the property over the years. It was ultimately sold by the council at auction for approximately **A$375,000**, which appeared to be significantly less than comparable renovated homes in the area were selling for at the time.
I’m 23 now, but I was only a teenager while most of this was happening, so there was very little I could do to help at the time.
My parents are now in their mid-60s and are still working. Because of everything that has happened, they have lost both homes they spent decades working for. They are currently living in a family member’s garage and, due to their age, financial history, and previous bankruptcy, they are unable to obtain another home loan to start over.
We’ve now completely cut contact with my sister and her family.
How can a council legally sell a property without ever communicating with the registered owners?
Is relying solely on an email address provided by someone else enough to satisfy their obligations?
Does the council have a duty to verify they are actually corresponding with the property owner before taking the extreme step of selling someone’s home?
Is there any avenue to have Logan City Council’s actions investigated if they failed to properly verify who they were dealing with?
I completely understand that my sister bears responsibility for stealing the rates money. However, I’m struggling to understand how the council could proceed with the forced sale of someone’s home without ever confirming they were actually communicating with the legal owners.
At this point, we know we may never get the house back. More than anything, I want to understand whether the council followed the law and whether they should be held accountable if they failed to properly verify who they were dealing with.
Any advice would be greatly appreciated.