Where an approved form under the Property Agents and Motor Dealers Act 2000 (Qld) requires specified information to be included, the complete omission of that information (here, clause 4.1 requiring the agent to state how the service will be performed) does not constitute substantial compliance, and the appointment is ineffective under s 134(3). Section 49(2) of the Acts Interpretation Act 1954 (Qld) reinforces this result by providing that a form requiring specified information is not properly completed unless the requirement is complied with. Payments described as 'non-refundable deposits' but which are in substance instalments of the purchase price or payments for contractual benefits are not 'deposits' in the conveyancing sense and are not 'liable to be forfeited' for the purposes of commission entitlement clauses.
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