Staying Informed - Law Institute of Victoria

Property: The need to observe good faith

Peter Lowenstern 01 Aug 2020

Don’t launch into an explanation about the legal concept – instead, tell your client what they need to do in COVID-19 residential tenancy negotiations.

COVID-19 Real Property

Property: Duty to cooperate

Lyndal Turner Guy 01 Jul 2020

Courts have wrestled with how ‘necessary’ is to be determined and, where a duty to cooperate is necessary, what amounts to sufficient cooperation.

Real Property

Property: Cladding’s burning issues

Megan Thorburn 01 Jun 2020

Progress has been slow in the rectification of privately owned buildings with combustible cladding in Victoria.

Real Property

Property: Lawyers, agents and vendors beware

Julie Barkla 01 May 2020

Changes to the Sale of Land Act which came into effect in March impose wider disclosure obligations.

Real Property

Property and Environmental Law Section - April Newsletter

Property and Environmental Law Section 08 Apr 2020

The April edition of the Property and Environmental Law Section Newsletter is now available...

Planning Real Property

Supreme Court judgments

Professor Greg Reinhardt 01 Mar 2020

Co-ownership of property – whether property held as partnership property or on a constructive trust . . .

Courts Judgment Real Property

Property: Identification rules to tighten

LIV Property and Environment Law Section 01 Mar 2020

The draft Model Participation Rules Version 6 contain important changes for solicitors and conveyancers...

Real Property

Property: Beware the owners corporation insurance trap

LIV Property and Environment Law Section 01 Feb 2020

It is important for practitioners to have a good understanding of insurance when acting for vendors and purchasers of land affected by an owners corporation...

Real Property

Property and Environmental Law Section Newsletter

Property and Environmental Law Section 12 Dec 2019

The November/December edition of the Property and Environmental Law Section Newsletter is now available...

Environment Planning Real Property

Lawyers must ensure swimming pool and spa compliance

Karin Derkley 10 Dec 2019

Even though the Sale of Land Act doesn't require property vendors to disclose the compliance status of their swimming pool or spa, lawyers need to be mindful of their obligations under Australian Consumer Law when they act for purchasers or vendors...

Conveyancing Real Property

Property: Measurement discrepancies

Russell Cocks 01 Dec 2019

Contracts for the sale of land often present a discrepancy between the title dimensions and the physical dimension on the ground. This problem has traditionally been dealt with by an identity condition in the contract...

Real Property

Contract of sale of land: Lock, stock and barrel

David P Lloyd, Murray McCutcheon and Robert Bradley 01 Nov 2019

The 2019 LIV/REIV contract of sale of land varies in many important respects from the contract of sale of real estate previously in use...

Real Property

Transfer of Land Act: Caveats and contracts of sale

Philip Barton 01 Nov 2019

Under the caveat provisions, cases can turn on whether a contract exists or has been rescinded with twists involving nominees, unsubdivided land and obligations outstanding after settlement. Provision of purchase monies involves further issues...

Real Property

Property: Avoiding off the plan contracts

Russell Cocks 01 Nov 2019

Avoiding off the plan contracts is a common topic for this column. March 2019 and July 2018 considered sunset clauses, October 2015 looked at avoiding for quality defects and May 2015 considered statutory avoidance rights...

Real Property

Property disputes: Dispute resolution guidelines updated

Paul Snow 01 Nov 2019

Revised guidelines allow conveyancers to refer disputes to the LIV’s sub-committee for resolution, where the other party is represented by a lawyer...

Dispute Resolution Practice & Procedure Real Property

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