Staying Informed - Law Institute of Victoria

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Under the caveat provisions, cases can turn on whether a contract exists or has been rescinded with twists involving nominees, unsubdivided land and obligations outstanding after settlement.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

Implementation of the Sale of Land Amendment Act 2019

Property and Environmental Law Section 15 Oct 2019

The LIV has provided a submission to Consumer Affairs Victoria regarding the implementation of the Sale of Land Amendment Act 2019...

Academic Misconduct Conveyancing Real Property

Reminder: Phase out of Plan Acceptance counter services

Property and Environmental Law Section 02 Oct 2019

Land Registry Services is phasing out its face-to-face 'over the counter' lodgment service for plans under the Subdivision Act 1988 and survey-based transactions...

Conveyancing Real Property

LIV/REIV Contract of Sale of Land seminar

Property and Environmental Law Section 01 Oct 2019

The LIV recently hosted a seminar on changes to the new LIV/REIV Contract of Sale of Land...

Conveyancing Real Property

LIV Contract of sale: Moving to transaction-based use

Mark Kurtze 01 Oct 2019

The LIV/REIV Contract of Sale of Land has been redesigned for full online delivery...

Conveyancing Real Property

LIV Contract of sale updated

David P Lloyd, Murray McCutcheon AM and Robert Bradley 01 Oct 2019

The 2019 edition of the LIV/REIV Contract of sale of land varies in many important respects from the Contract of Sale of Real Estate previously in use...

Conveyancing Real Property

Property: Retail lease outgoings

Russell Cocks 01 Oct 2019

The September LIJ column relating to retrospective rent review considered the case of Phillips v Abel [2019] VCAT 1031. The case is of sufficient importance to bear closer examination...

Environment Real Property