Amendments to the Retail Leases Act 2003 (Vic) that came into effect in late 2020 delivered changes to time frames and requirements for the provision of proposed lease and disclosure documents and refund of security deposits to tenants, and introduced an early market rent review process for tenants. During negotiations for a new lease and …
Paper Certificates of Title still exist! Whilst Land Use Victoria (Land Titles Office) has carried out bulk conversions of paper certificates of title to electronic certificates of title, starting with paper certificates of title where any of the four major banks are registered on title as the first mortgagee and progressing to other financial institutions, …
The Australian Consumer Law has prohibited unfair contract terms in standard form contracts entered into (or existing contracts that are varied or renewed) between businesses where at least one party to the contract is a small business since November 2016. The law applies to standard form contracts for the supply of both goods and services …
In Victoria, General Law Land is land that has not been brought under the operation of the Transfer of Land Act (TLA). General Law Land is also known as Old Law Land or “NUA” Land (Not under the TLA). The title to General Law Land consists of a series of deeds and documents evidencing dealings …
What is adverse possession? The registered proprietor of land will lose the right to reclaim possession of their title land after it has been exclusively and continuously possessed for a period of 15 years. Section 8 of the Limitation of Actions Act 1958 (Victoria) provides that no action shall be brought by any person to …
Registration with local council of pools and spas is now mandatory for owners of land where a swimming pool or spa is located. All swimming pools and spas capable of holding more than 30 cm of water are covered by the law. It includes permanent pools, above ground pools, indoor pools, hot tubs, bathing or …
Changes to the Sale of Land Act 1962 came into effect on 1 March 2020. These changes require that vendors and agents must not knowingly conceal a material fact about a property from a potential purchaser with the intention of inducing the purchaser to buy the land. Section 12(d) of the Act states: Any person …
Have you considered leaving a gift to charity in your Will? According to the Australian Fundraising Institute 7.5% of Australians leave a gift to a charity in their Will. These bequests account for approximately 15% of charities’ fundraising income and help charities carry out crucial work. The Australian Fundraising Institute is running a social change …
A restrictive covenant is an agreement restricting the way a land owner can use his or her land. Restrictive covenants are usually used as a way to regulate land use and their purpose is aimed at preserving the value, character and amenity of the land. Examples of restrictions often included in restrictive covenants are: restrictions …
Intellectual property aspects of a sale of business transaction should not be overlooked when buying or selling a business. From the vendor’s perspective, a thorough analysis of intellectual property rights by a vendor can ensure that the business is properly valued, and a fair sale price achieved. Purchasers need to ensure that all intellectual property …
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