Staying Informed - Law Institute of Victoria

Property: Restrictive covenants: identifying who benefits

Lyndal Turner Guy 01 Oct 2021

The recent case of Re Ferraro concerned the enforceability of covenants that were dated 1907 and 1911.

Real Property

Property: Power to sell

Tony Greenaway 01 Sep 2021

A recent decision highlights a mortgagee’s duty of good faith in the midst of a pandemic.

Real Property

Property law: Protecting the vulnerable

Gerard Brody 01 Aug 2021

While access to mainstream housing finance has grown substantially over the past 40 years, it has not stopped the emergence of higher-risk property transactions targeted at hopeful purchasers experiencing vulnerability and disadvantage.

Finance Real Property

Property: Contaminated land update

Gabrielle Guthrie 01 Aug 2021

Property professionals, as well as corporate and construction lawyers should familiarise themselves with changes to the contamination management and liability regime.

Real Property

Family Law judgments

Craig Nicol & Keleigh Robinson 01 Jul 2021

Systematic and continuing breaches of property orders warranted imprisonment for three years and 10 months.

Child Support Courts Family Court Judgment Practice & Procedure Real Property

Property: Combustible cladding update

Megan Thorburn 01 Jul 2021

The Lacrosse appeal decision is now the leading authority on what constitutes an apportionable claim in Victoria.

Real Property

Property: Risks flagged over camping on Crown land

Paul Snow 01 Jun 2021

Farmers and environmental groups fear proposed regulations to open licensed water frontages to campers.

Environment Real Property

Property: Option to renew lease update

Robert Bradley 01 May 2021

The amending Act creates practical difficulties and many uncertainties.

Real Property

Property law: Co-ownership disputes – update

Philip Barton 01 Apr 2021

Disputes between co-owners continue to engage the Supreme Court. Most prolific in a non-statutory context concern whether a joint tenancy has been severed to create a tenant in common. The arcane topic of adverse possession between co-owners is the subject of another decision. And disputes over partition and sale on appeal from VCAT continue.

Real Property

Property: Changing owners corporations

Tony Greenaway and Adrian Clifford 01 Apr 2021

Section 173 of the Owners Corporations Act allows a range of people to apply to VCAT for the appointment of an administrator.

Real Property

LPLC: Land tax adjustments aren’t standard

Legal Practitioners' Liability Committee 01 Mar 2021

Be alive to land tax adjustment clauses not using single holding basis.

Real Property

Property: Land purchasers need clarity

Tony Greenaway and Paul Snow 01 Mar 2021

The guidance around ‘land development’ in the SRO’s Draft Ruling raises more questions than answers.

Real Property

Advocacy: Submissions

Law Institute Journal 01 Mar 2021

LIV Submissions: Cyber precedent website, Elder financial abuse,Inquiry into homelessness,New Online Safety Act and Waste management and recycling inquiry.

Advocacy Practice & Procedure Real Property