Risk Management Intensive for 2010

2 June, 2010

The 2010 city Risk Management Intensive will be held on the following dates: Tuesday 3 August 2010 Tuesday 10 August 2010 Wednesday 18 August 2010 Topics to be covered include the following: Unfair terms contracts Personal costs orders against solicitors Solicitors certificates Retirement village and aged care contracts Wills and estates Conveyancing forum A brochure will be sent […]

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GST: Subjective test for ‘use as residential accommodation’

2 June, 2010

Whether or not the sale of a property is considered to be the supply of residential premises to be used predominantly for residential accommodation was confirmed to be a subjective test by Perram J in Sanchen Pty Ltd v Commissioner of Taxation [2010] FCA 21. Perram J noted that while he thought the wording of the relevant section (section 40.65(1) A […]

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Certainty needed for sunset clauses

2 June, 2010

We published a bulletin in July last year about the case of Clifford & Anor v Solid Investments Australia Pty Ltd [2009] VSC 223 concerning off the plan sales. Bonjiorno J found that the special condition allowing the vendor to extend the date for registration of the plan of subdivision contravened section 9AE of the Sale of Land Act 1962 (Vic) because […]

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Timing is everything in the Magistrates’ Court

2 June, 2010

Practitioners should bear in mind the effect of Rule 10.20 of the Magistrates’ Court Civil Procedure Rules 2009 (Vic) when negotiating payment plans with defendants who have not yet filed defences. Subrule 10.20(1) provides that a complaint stands dismissed 15 months after it has been issued if the defendant has not filed a notice of defence and an order in default of a defence has not been made. There is […]

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When is a deceased’s property dutiable?

2 June, 2010

We recently completed our risk management tour around country Victoria. One of the issues that was raised in the wills and estates session was the stamp duty implications when beneficiaries enter into a Deed of Family Arrangement. Where beneficiaries consent to alter the way the assets of the estate are distributed a Deed of Family Arrangement is usually executed […]

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