New ID law means mortgages could be void

24 September, 2014

Strict requirements for mortgagees to take positive steps to verify the identity of borrowers were introduced in Victoria on 24 September 2014. Similar requirements are already in place in Queensland, New South Wales, South Australia and Western Australia. The Transfer of Land Amendment Act 2014 (Vic) received Royal Assent on 23 September 2014 and commenced […]

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Amended section 32 statement

23 September, 2014

Key points In October 2012 Consumer Affairs Victoria (CAV) released a discussion paper about amending section 32 of the Sale of Land Act 1962 (Vic). In May 2013 CAV released an options paper setting out the CAV proposed amendments and suggestions by stakeholders. CAV also sought submissions relating to the options paper. You can find […]

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Sections 55 and 55A of the Estate Agents Act 1980 (Vic)

11 September, 2014

This bulletin replaces LPLC bulletin dated March 2013 Key points If an agent (or employee or relative) wants to purchase a property or business the agent has been engaged to sell, they must sign a form prepared by Consumer Affairs Victoria (CAV). LPLC recommends practitioners refer their vendor client to a valuer for independent valuation […]

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Land Leases and the PPS Act

11 September, 2013

1.  Introduction Practitioners for both landlords and tenants need to understand that the Personal Property Securities Act 2009 (Cth) (PPS Act) may apply to the lease of premises because: Sometimes a landlord of premises also leases goods to the tenant. A landlord may obtain a cash security deposit from the tenant. A landlord may provide […]

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Sale of Land and the PPS Act

11 September, 2013

1.  Introduction Practitioners for both vendors and purchasers need to understand that the Personal Property Securities Act 2009 (Cth) (PPS Act) may apply to a contract of sale of land because: Sometimes a vendor selling land, also sells goods to the purchaser. Sometimes a vendor selling land also transfers a licence to the purchaser. The […]

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Sale of Business and the PPS Act

11 September, 2013

1.  Introduction The sale of a business often includes the sale of personal property such as equipment, stock in trade and motor vehicles.  Practitioners for both vendors and purchasers need to understand what personal property is included in the sale and how the Personal Property Securities Act 2009 (Cth) (PPS Act) may impact on that […]

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Fire Services Property Levy Act 2012

21 July, 2013

Removed due to content no longer being relevant.

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Retail Leases Update

18 June, 2013

Removed due to content no longer being relevant.

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Solicitor executors and their fees

18 March, 2013

Solicitor executors and their fees The issue of fees and charges a legal practitioner is entitled to charge often arises when practitioners act as executors of estates. The scenarios fall into the following categories: The will contains a clause entitling the practitioner to charge professional fees but is silent on claiming executor’s commission; The will […]

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Off-the-plan contract notices from 1 December 2012

18 November, 2012

The long awaited change to s9AA that will require a notice to consumers of off-the-plan sale contracts will come into operation on 1 December this year(1). The amendment (as set out in the Consumer Affairs Legislation Amendment (Reform) Act 2010 (Vic)) originally required that the notice be on the front cover of the contract. That […]

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