Inactive owners corporations – are they really?

17 January, 2019

Have you had vendor clients tell you their owners corporation is inactive because they have never had any meetings? If an owners corporation is ‘inactive’ as defined in section 32F of the Sale of Land Act 1962 (Vic) (SL Act) a vendor must state this in the section 32 statement but doesn’t have to provide […]

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Requests for information about validity of will

12 December, 2018

Have you been asked to provide a statement as to the circumstances surrounding the preparation and execution of a will and to also provide copies of the will file? Did the request refer to Larke v Nugus? Larke v Nugus is an English case concerning resistance to a grant of probate of a will on […]

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Retainer going nowhere? Don’t let it drift!

30 November, 2018

What steps should you take to ensure your potential new client provides complete instructions? What if the proposed work is complicated by the involvement of an intermediary purporting to have the client’s authority, such as a spouse, child, relative, friend or another advisor? It is risky to just let the matter drift without proactively managing […]

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When seven years isn’t long enough

16 November, 2018

How long should you keep your file after a matter has concluded? Some practitioners routinely destroy files seven years after closure with client authorisation. In some instances experience tells us you should keep files for longer, especially where a cause of action can accrue more than six years after the retainer has ended. Retaining files […]

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Addition to Local Govt. Act 1989 (Vic): potential effects of cladding rectification agreements and charges on land

9 November, 2018

  New service charges may be placed on land pursuant to a new part 8B in the Local Government Act 1989 (Vic) inserted by the Building Amendment (Registration of Building Trades and Other Matters) Act 2018 (Vic). The new part came into operation on 30 October 2018 and provides for: councils to enter into agreements […]

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