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

Dealing with a dispute in business can be time-consuming, complicated and stressful often with many financial and person…

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Dealing with a dispute in business can be time-consuming, complicated and stressful often with many financial and personal implications that need to be considered. With our extensive experience in the Magistrates Court, County Court, Supreme Court, Federal Court and VCAT, we are committed to delivering professional advice and guidance achieving

Queensland parliament to vote on legalising Torres Strait Island childrearing practices

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ABC Radio

Before the next Queensland election, state parliament will vote on The Torres Strait Islander Traditional Child Rearing Practice Bill. If passed, the legislation will officially recognise the adoption practices of Torres Strait Islanders. This ground breaking bill was introduced into the Queensland Parliament by the first Torres Strait Islander member

Family violence killing found to be a workplace death

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ABC Radio

The NSW Court of Appeal found that the killing of a woman by her de facto husband at home was a workplace death and her family are entitled to workers compensation. This decision was handed down in March, just at the time when millions began working from home due to

New security laws are designed to confuse, says former Hong Kong barrister. And, should the Bernard Collaery trial be held in secret?

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ABC Radio

Hong Kong authorities warned voters choosing pro-democracy candidates in the primaries ahead of September elections that they could fall foul of new National Security legislation. A prominent former barrister says the new laws are designed to confuse. And, the Bernard Collaery trial. How should Australia’s court system balance open justice

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

Covid-19 and family law

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ABC Radio

The Covid-19 crisis has transformed our family law courts. In response to a surge in disputes over parenting plans, the Family Law Courts created a Covid-19 List to hear urgent cases using Microsoft Teams. And this is not an isolated example, right now most hearings are taking place in a

Sexual harassment findings against retired High Court judge. Melbourne lawyer sentenced to jail for theft

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ABC Radio

An independent investigation commissioned by the High Court found that six former staff members were sexually harassed by the former judge Dyson Heydon. A suburban lawyer has been sentenced to jail for stealing from his clients, including taking money from trust accounts. What is the best way to regulate lawyers?

Sexual harassment findings against retired High Court judge. Melbourne lawyer sentenced to jail for theft

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ABC Radio

An independent investigation commissioned by the High Court found that six former staff members were sexually harassed by the former judge Dyson Heydon. A suburban lawyer has been sentenced to jail for stealing from his clients, including taking money from trust accounts. What is the best way to regulate lawyers?

George Floyd killer charged with 2nd degree murder. Australian Black Lives Matter protests. And the case of the Hitler meme.

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ABC Radio

As Derek Chauvin appears in court charged with 2nd degree murder, jurisdictions across the US are looking at how to change police culture. In Australia, what can be done immediately to end black deaths in custody? And a Perth refinery worker sacked for parodying his bosses using a well known

You may be eligible for the new home builder scheme but you’ll have to move quickly to make sure you meet the requiremen…

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You may be eligible for the new home builder scheme but you’ll have to move quickly to make sure you meet the requirements. ​https://theurbandeveloper.com/articles/residential-stimulus-package-to-weather-perfect-storm for more details ​ ​We’re here to help with fast and efficient contracts and property settlements.