How does a party to a contract of sale of real estate in Victoria prove that they are ready, willing and able to perform the contract, in order to obtain an order for specific performance?

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noreply@blogger.com (William Stark)

On 15 March 2023, in Knight 34 Langdon Rd P/L and anor v Bell and others [2023] VSCA 54, the Court of Appeal of the Supreme Court of Victoria (Emerton P, WalkerJA and J Forrest AJA) considered an application by an unsuccessful defendant for leave to adduce further evidence. 

The case concerned

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

What happens if I lodge a caveat over the title to real estate in Victoria when I do not have a caveatable interest?

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noreply@blogger.com (William Stark)

A caveat is an instrument that protects an unregistrable legal or equitable interest in real property. The caveat is a notice to the public that the person lodging the caveat (the caveator) holds an unregistered interest in the property, and provides details of the interest claimed. The caveat prevents the registration of