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LIJ October 2013

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Cover Story

Property Law Special Issue

“I’ll huff, and I’ll puff, and I’ll blow your house down!”

By Property Law

Feature Articles

A need to resection

BUILDING LAW

A need to resection

There has been consternation in the legal and real estate communities over the operation of s251 of the Building Act 1993 (Vic). Legislative change may be needed.

By Sam Hopper

Farewell to paper: Electronic conveyancing to go national

CONVEYANCING

Farewell to paper: Electronic conveyancing to go national

With much anticipation, the national scheme for electronic conveyancing, based on the Victorian model, is gearing up  to go live in 2014.

By Murray McCutcheon

Intermittent, irregular and incomplete adverse possession

ADVERSE POSSESSION

Intermittent, irregular and incomplete adverse possession

Several Victorian decisions show the importance of ensuring that adverse possession claims clearly prove possession for the complete time period or occupation of the complete area of the land claimed.

By Douglas James

Interpretation of Restrictive Covenants

RESTRICTIVE COVENANTS

Interpretation of Restrictive Covenants

Two recent Victorian cases discuss how the rules of interpretation of restrictive covenants coincide with those for other contracts except where Torrens system legislation restricts the background material that can be considered.

By Philip Barton

Please dispose of thoughtfully: New laws for uncollected goods

LANDLORD AND TENANT

Please dispose of thoughtfully: New laws for uncollected goods

A new part to the Australian Consumer Law and Fair Trading Act is intended to enable bailees to dispose of bailors' uncollected goods in a manner equitable to both parties.

By Bill Hazlett and Hannah Linossier

Safe deposits

LAND TRANSFER

Safe deposits

The change to the standard form of land sales contract puts stakeholders at risk if they release deposits before settlement without a statement signed by the purchaser. A special condition is required.

By William Rimmer

Taking the castle: Compulsory acquisition of land

COMPULSORY ACQUISITION

Taking the castle: Compulsory acquisition of land

Being forced to give up one's home or land can be a painful and emotional experience for a landowner, so practitioners need to be both knowledgeable and supportive.

By Phillip Nolan

 



Publications Department

(for LIJ (Law Institute Journal) and LIV Directory and Diary inquiries only) Tel:(61 3) 9607 9319 Fax:(61 3) 9607 9451 Email: CFord@liv.asn.au Managing editor: Carolyn Ford. Sub-editor/publications coordinator: Mary Kerley. Journalist: Karin Derkley. Sub-editor/proofreader: Libby Brown. Art director: Katherine Alexander. Editorial & administrative assistant: Sophie Suelzle. Advertising: Lisa Crowle.

 

Editorial committee

Chair: Gerry Bean Members:  Tony Burke, Geoff Gronow, Melissa Macken, Chris Molnar, Cameron Ross and Carolyn Ford.

 

Editorial policy

All contributions and letters to the editor to be addressed to: Managing editor, Carolyn Ford, Law Institute of Victoria Ltd, GPO Box 263, Melbourne 3001. Tel: (61 3) 9607 9319. Mob: 0406 004 935. Fax: (61 3) 9607 9451. Email: CFord@liv.asn.au. Views expressed by contributors are not necessarily endorsed by the Law Institute of Victoria. No responsibility is accepted by the Institute, the editor or the printers for the accuracy of information contained in the text and advertisements.

CAB audit logoLIJ (Law Institute Journal) circulation September 2014 12,785 - CAB audited.

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