When will I be able to appeal successfully from the dismissal of application to remove caveat under section 90(3) of the Transfer of Land Act?

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noreply@blogger.com (William Stark)

1.     The Court of Appeal (Beach, Kyrou and Kaye JJA), considered whether the Trial Judge erred in dismissing an application to remove a caveat under section 90(3) of the TL Act (see Chan and anor v Liu and anor [2020] VSCA 28).

 

2.     The appeal did not of itself make any

Get the right advice on Structuring and Trusts best suited to your business and personal needs. We can also make changes…

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Get the right advice on Structuring and Trusts best suited to your business and personal needs. We can also make changes to existing structures or trusts in order to fit your requirements. ​ At Sutton Laurence King Lawyers our services include Business Structuring or Business Restructuring including Joint Ventures, Companies,

When will a hand-written licence to occupy premises in a contract of sale of real estate be enforceable?

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noreply@blogger.com (William Stark)

1.     In CAG Company P/L v Cheruku and anor [2020] VCC 13, the County Court (Marks J) considered the interpretation of a handwritten clause in a contract of sale of real estate allowing the purchaser to take possession of the property being sold 5 and 1/2 months before settlement.

 

2.     The plaintiff agreed to

When is it appropriate to seek summary possession under order 53 of the Victorian Supreme or County Court Rules?

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noreply@blogger.com (William Stark)

Summary procedure for possession under order 53

1.     In March 2020, the Court of Appeal (Maxwell P, Tate and Forrest JJA), looked at whether the summary procedure for possession of land under order 53 was appropriate in the case of a dispute between a brother and sister (see Chan and Lin

Can I claim costs against a lawyer who lodges a caveat on behalf of his or her client?

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noreply@blogger.com (William Stark)

1.     In Alliance Developments v Arbab [2019] VSC 832, the Supreme Court of Victoria (Garde J) considered the circumstances in which it may be appropriate to order indemnity costs against a solicitor in respect of an application to remove a caveat lodged on behalf of a client.

 

Background

2.     The Court had previously ordered that

Can I claim compensation from a lawyer who lodges a caveat on behalf of his or her client?

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noreply@blogger.com (William Stark)

1.     In Lanciana v Alderuccio [2020] VSCA 152, the Court of Appeal in a joint judgment (Tate, Hargrave and Emerton JJA) considered the circumstances in which it may be appropriate to order that a solicitor pay compensation under section 118 of the Transfer of Land Act 1958 in respect of a caveat lodged on behalf

Knowing the potential risks and legal implications associated with purchasing a business is highly important. That’s why…

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Knowing the potential risks and legal implications associated with purchasing a business is highly important. That’s why hiring the right legal representative to guide you through the process is needed. We offer services in property development inclusive of commercial, residential and industrial property matters. Do you require our expertise? Get

Tackling modern slavery

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ABC Radio

In the battle to secure PPE to protect ourselves from COVID 19 are we turning a blind eye to forced labour? Is our federal Modern Slavery Act up to the task and why has the separate Modern Slavery legislation in NSW been put on ice? Also, the first criminal conviction

Accidental Discharges from the PPSR

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noreply@blogger.com (Paul Miller)

Even with the best will in the world, every now and again a mistake will get made, and, in addition to the plethora of opportunities for making mistakes in lodging a registration on the PPSR, it is also quite easy to mistakenly discharge one of your registrations.  Unfortunately, unlike the