Agreements to agree to purchase land

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Cameron Charnley

Much has been written on the law regarding ‘agreements to agree’ and, in particular, the impact of the High Court decision in Masters v Cameron[1] and subsequent decisions of courts which have applied the principles in that case.

In the recent decision in Patel v Sengun Investment Holdings Pty Ltd,[2] the

Are there any recent cases about a mortgagee's duty under section 420A of the Corporations Act when exercising their power of sale during the pandemic?

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noreply@blogger.com (William Stark)

Readers will recall that I posted about a Queensland decision that dealt with a mortgagee exercising its power of sale during the pandemic (see here: https://melbournepropertylaw.blogspot.com/2021/06/are-there-any-recent-cases-about.html). 

Yesterday, I posted about the Supreme Court of Victoria dealing with a similar scenario (see: https://melbournepropertylaw.blogspot.com/2023/01/are-there-any-recent-victorian-cases.html). 

In Manda Capital Holdings Pty Ltd v PEC Portfolio Springvale Pty Ltd [2022] VSC

Can an Owners Corporation pass a rule that prevents a particular use of a lot in Victoria?

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noreply@blogger.com (William Stark)

It is relatively common for Owners Corporations to seek to restrict the use to which a lot in a building subject to a subdivision can be put. 
 
Both the Supreme Court of Victoria and the Victorian Civil and Administrative Tribunal have found that an owners corporation rule seeking to prohibit a

Is it a good idea to use a template or precedent form of lease?

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noreply@blogger.com (William Stark)

The High Court decision in Gee Dee Nominees Pty Ltd v Ecosse Property Holdings Pty Ltd [2017] HCA 12; (1987) 261 CLR 544; 91 ALJR 486; 343 ALR 58 (29 March 2017) (Kiefel, Bell, Gageler and Gordon JJ with Nettle J dissenting) highlights the risks involved in poor drafting of

Can a gift of land during the donor’s lifetime defeat a claim against his or her estate after death? – follow up

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noreply@blogger.com (William Stark)

Further to my post of 22 September 2020 (see: https://melbournepropertylaw.blogspot.com/2016/01/can-gift-of-land-during-donors-lifetime.html), Teri Konstantinou has written an article about a recent NSW Court of Appeal decision (Mentink v Olsen – [2020] NSWCA 182) in which the trial judge set aside a gift by a dying mother to her daughter. See https://www.linkedin.com/pulse/mentink-v-olsen-2020-nswca-182-elefteria-teri-konstantinou/?trackingId=ZhuaYDE6QPOJRPO5pBsdNw%3D%3D

The background was that the

How does the Supreme Court determine whether modification of a restrictive covenant would substantially injure those entitled to the benefit of the covenant?

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noreply@blogger.com (William Stark)

1.     In Foudoulis v O’Donnell [2020] VSC 248, the Supreme Court (Mukhtar As J) considered the approach to be taken by the Court in assessing whether a proposal to modify a restrictive covenant would substantially injure the persons entitled to the benefit of the covenant.

 

2.     The plaintiff was the registered proprietor of a

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

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

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

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

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

The Sale of Land Amendment Act 2019 has been passed by the Victorian Parliament

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noreply@blogger.com (William Stark)

Further to my post about this issue on 16 April 2019 (see: https://melbournepropertylaw.blogspot.com/2019/04/the-sale-of-land-amendment-bill-has.html), the Sale of Land Amendment Bill 2019 was passed by the Victorian Parliament on 28 May 2019 and it received Royal Assent on 4 June 2019.
WG StarkHayden Starke Chambers

What amendments are proposed to the Sale of Land Act 1962 relating to sunset clauses and sales off the plan?

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noreply@blogger.com (William Stark)

The Sale of Land Amendment Bill 2018 was passed by the Victorian Legislative Assembly and introduced into the Victorian Legislative Council on 20 September 2018. However, with the Victorian state election in November 2018, the legislation lapsed. 

As the state government was re-elected (with an increased majority), I expect that the legislation will

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

What factors does the Family Court take into account when making final property orders?

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noreply@blogger.com (William Stark)

The factors that the Family Court (and the Federal Circuit Court) will take into account in determining what orders to make on the hearing of an application for final property orders are set out in (among others) Sections 75(2) and 79 of the Family Law Act 1975. 

In the recent case of Knight