Staying Informed - Law Institute of Victoria

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

High Court judgments

Dr Michelle Sharpe 01 Feb 2021

Torrens system.

Courts Criminal Procedure Judgment Practice & Procedure Real Property

Property: Cladding update

Harriet Warlow-Shill and Maddison Reznik 01 Feb 2021

Under Cladding Safety Victoria Regulations 2020, what are the rules relating to seeking funding from Cladding Safety Victoria?

Real Property

Property: Renewing a lease

Paul Nunan 01 Dec 2020

The Retail Leases Amendment Act has substantially altered the process to be followed by landlords and tenants.

Real Property

Family Law judgments

Robert Glade-Wright & Craig Nicol 01 Nov 2020

Husband fined $54,000 for buying $180,000 of cryptocurrency in breach of an injunction

Courts Family Court Judgment Practice & Procedure Real Property

Property: Cladding solution limited

Harriet Warlow-Shill 01 Nov 2020

The cost of rectifying combustible cladding will vastly exceed the $600 million Cladding Safety Victoria has to work with, meaning most owners corporations will be out of pocket.

Real Property

Property law: Concealment and sale of land

Philip Barton 01 Oct 2020

Non-disclosure inducing a sale of land, not involving s32 statements, attracts civil litigation and the Sale of Land Act 1962 as amended in 2019 criminalises knowing concealment of material facts with the intention of inducing a sale.

Real Property