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

Who is responsible when external cladding fails in an apartment tower during a fire?

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noreply@blogger.com (William Stark)

In early 2019, in a judgment that ran to 647 paragraphs, County Court Judge Woodward, sitting as a Vice President at VCAT, had to deal with a claim following a fire at a residential tower in Melbourne that occurred due to faulty cladding (see: Owners Corporation No.1 of PS613436T v LU Simon Builders

New edition of ‘Mortgagee’s Power of Sale’ published

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ROBERT HAY QC COMMERCIAL LAW BARRISTER

The latest edition of The Mortgagee’s Power of Sale has been published by LexisNexis  Now in its fourth edition this book started life in 1980. The book is primarily written for practitioners and the text is arranged, as far as possible, in the same chronological order as the steps a mortgagee may take in

What is the doctrine of marshalling?

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noreply@blogger.com (William Stark)

In my post dated 12 April 2013 (see: https://melbournepropertylaw.blogspot.com/2013/04/are-there-any-recent-decisions-about_12.html), I discussed the doctrine of marshalling and its potential impact in modern lending law. 

Another example of the relevance of the doctrine of marshalling arose in the May 2019 Court of Appeal decision in Burness (in their capacity as trustees of the bankrupt estate

When will the registration of my security interest under the Personal Property Securities Act 2009 expire?

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noreply@blogger.com (William Stark)

The Personal Property Securities Register (“PPSR”) commenced operation on 30 January 2012. 

A large number of securities registered under that Act by financiers were for 7 years. 

As a result, there will be a significant number of registered security interests automatically expiring on 30 January 2019.

Any security holder should be reviewing their registrations