Skip to main content

Claims arising from conveyancing are regular and consistent in nature. Time and cost pressures, in what is a very technical area of the law, can result in simple errors.

More on conveyancing

There has been a spike in duty claims in the last 12 months. Practitioners handling conveyancing matters should review their knowledge and precedents about duty immediately to ensure they reflect the current law.
'Foreign purchaser additional duty' (FPAD) provisions have now been in place in the Duties Act 2000 (Vic) (Vic Duties Act) for over five years. From 1 March 2020, the Victorian State Revenue Office (SRO) changed its approach to FPAD in the context of acquisitions of residential property made by 'family' discretionary trusts. The change of approach has meant there has been, and will be, an increase in discretionary trusts found by the SRO to be foreign trusts liable to pay FPAD when acquiring residential property. Practitioners practicing in conveyancing matters need to be aware of the way the FPAD regime works for discretionary trusts so that clients can be advised of its application.
Acting in a conveyancing transaction today includes certifying that identity and authority have been verified and where there is a paper title, that it has been obtained and either destroyed or invalidated. These certifications need to be taken seriously and only given if they are true. In the case of Trani & Anor v Trani & Ors (No 2) [2019] VSC 723 the Court found a conveyancer was liable for providing false certifications as to identity and authority to the Registrar of Titles.
The Sale of Land Act Amendment Act 2019 (Vic) (the amending Act) introduced several important consumer reforms to the Sale of Land Act 1962 (Vic) (the SL Act). The amending Act makes amendments to the operation of sunset clauses in residential off the plan sales contracts (ROTP contracts).
A checklist covering common issues faced by legal practitioners when dealing with electronic property transaction matters.
A checklist containing a list of issues to consider when writing office policy regarding electronic property transactions and recommended responses.
This checklist contains sixty-one essential questions for the vendor during the sale of land.
This questionnaire includes questions to ask purchasers of land and indicates when practitioners may be required to seek additional information.

Get risk advice on property work