obiter | ByLawyers News and Updates
  • Publication updates
    • Federal
    • New South Wales
    • Victoria
    • Queensland
    • South Australia
    • Western Australia
    • Northern Territory
    • Tasmania
    • Australian Capital Territory
  • By area of law
    • Bankruptcy and Liquidation
    • Business and Franchise
    • Companies, Trusts, Partnerships and Superannuation
    • Conveyancing and Property
    • Criminal Law
    • Defamation and Protecting Reputation
    • Employment Law
    • Family Law
    • Immigration
    • Litigation
    • Neighbourhood Disputes
    • Personal injury
    • Personal Property Securities
    • Practice Management
    • Security of Payments
    • Trade Marks
    • Wills and Estates
  • Legal alerts
  • Articles
  • About
    • By Lawyers FAQs
    • Glossary of By Lawyers terms
    • Tips & Tricks
      • General user
      • LEAP user
    • Our authors
    • Leadership
    • Comments & suggestions
    • Contact
  • Question of the week
  • By Lawyers

Conveyancing VIC

6 February 2017 by By Lawyers

Conveyancing

FEBRUARY 

  • Commentary updated to include a discussion of priority notices which were introduced in Victoria in late 2016.

JANUARY 

  • Additions to the commentary to discuss caveats and special conditions concerning the conduct of auctions.
OCTOBER
  • Commentary update regarding Land Tax Regulations 2015 and notices of dispossession of land no longer required by SRO.
  • Commentary added discussing valid clearance certificates for foreign residents.
  • Costs Agreement
    • Clause added on payment of fees when purchaser not proceeding.
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
    • Included reference to time limit for bringing costs assessment, total estimate of legal costs section with provision for variables, and authority to receive money into trust.
AUGUST 
  • Sale of Real Property – commentary updated to include discussion on bringing co-ownership arrangements to an end via partitioning.
  • Sale and Purchase of Real Property commentaries – further content on Foreign Resident Capital Gains Withholding Payments added
  • Purchase of Real Property – major restructure to ensure commentary follows the natural progression of a typical purchase.
MAY
  • Included foreign resident capital gains withholding payments when over $2 million to all necessary precedents, commentaries and contracts.
APRIL 
  • New precedent added – General advice to purchasers.
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
MARCH
  • New section included in the commentary on powers of attorney for land transactions to accompany power of attorney precedents.
FEBRUARY
  • Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.

Filed Under: Conveyancing and Property, Publication Updates, Victoria Tagged With: conveyancing updates

Priority Notice

24 November 2016 by By Lawyers

Land Titles Office will introduce the Priority Notice in December 2016

2014PresBlog_27AugAs part of the shift from paper-based conveyancing to electronic conveyancing the Land Titles Office will introduce Priority Notices in December 2016. This facility is viewed by the LTO as an important tool in the prevention of fraud in the electronic environment and is supported by s 91C Transfer of Land Act.

Traditionally the paper title has been a bulwark against fraud, with a person dealing with the title having an expectation that the paper duplicate would be produced at settlement. However, removal of the paper title in the electronic environment, hastened by the bulk conversion of over 2 million titles held by the Big Four banks on the weekend of 22 October 2016, means that the ‘protection’ provided by a paper title is diminishing. Priority Notices are intended by the Registrar to constitute a ‘unique baton’ to provide protection during the settlement period.

It is intended that a person dealing with the registered proprietor of land will lodge a Priority Notice to foreshadow that a dealing will be lodged at a future time and will thereby ‘protect’ that dealing. The Priority Notice can only be lodged electronically (presently using PEXA) whether the foreshadowed transaction will be conducted in paper or electronically.

Priority Notices resemble the familiar caveat in many ways. Indeed, there is little difference between the two and practitioners may be hard pressed to decide which of the two to lodge.

Virtues of the Priority Notice are:

  • will appear on any search of the relevant title;
  •  gives notification to the world of an intended dealing;
  •  may be lodged in respect of any intended dealing;
  •  temporarily prevents the registration of any other dealing; and
  • gives priority for 60 days from recording of the Priority Notice on the Register to the instrument foreshadowed in the Priority Notice;

A person lodging an instrument, such as a Transfer of Land, within 60 days of lodging a Priority Notice foreshadowing that Transfer is therefore entitled to expect that the Transfer will be registered in priority to any other dealing lodged during that 60 day period.

Disadvantages of a Priority Notice are:

  • cannot be amended;
  • consent cannot be given to registration of a dealing not protected by the Notice;
  • can be withdrawn and re-lodged, but priority will be lost to any dealing awaiting registration;
  • lapses after 60 days; and
  • a subsequent competing dealing lodged in the 60 day period will be registered immediately the Priority Notice expires.

From the Registrar’s point of view, the Priority Notice regime is an improvement on Caveats as the Registrar is NOT obliged to give notice to the registered proprietor of lodgement of a Priority Notice. There is no doubt that the obligation to give notice (often to an old address) imposes a considerable administrative burden on the Registrar, as does the need to play a role in the removal of caveats by disgruntled registered proprietors. The Priority Notice regime involves much less participation by the Registrar and refers all disputes immediately to the court, with the potential to make orders for removal and compensation. Presumably, as the Priority Notice has a limited life span of 60 days, disputes may be resolved by the effluxion of time, although there will no doubt be circumstances where a registered proprietor may need to seek the assistance of the court.

Caveats appear to provide all of the benefits of Priority Notices and few of the disadvantages in that caveats:

  • may be amended;
  • consent can be given to registration of a dealing: and
  • do NOT automatically expire.

It is this latter point that will have practitioners thinking. 60 day settlements are common, as are 90 day settlements. Both can unexpectedly blow out and so lodging a Priority Notice when entering into a 60 or 90 day contract may find the Priority Notice expiring shortly, or even well, before final settlement leaving the Transfer unprotected. A protocol of lodging 30 days prior to the anticipated settlement date may overcome this problem, but leaves the prior contractual period unprotected.

The small price differential between lodging a Caveat or a Priority Notice will not affect this decision.

Like many of the changes flowing from electronic conveyancing, we will just have to see how they work out at the coalface.

TIP 

Priority Notices are intended to provide protection against fraud

The limited lifespan of Priority Notices may cause concern

Filed Under: Articles, Conveyancing and Property, Publication Updates, Victoria Tagged With: Conveyancing & Property, electronic, fraud, notice, prevention, priority

Criminal Magistrates’ Court VIC

12 October 2016 by By Lawyers

Criminal Magistrates Court

OCTOBER 
  • Costs Agreements
    • Included reference to time limit for bringing costs assessment, total estimate of legal costs section with provision for variables, and authority to receive money into trust.
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
SEPTEMBER 
  • Intervention Orders
    • Further information added on applying for intervention orders
    • New further information link to SmartSafe’s Legal Guide to Family Violence Intervention Orders
APRIL 
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
  • Commentary added under Bail regarding The Bail Amendment Act 2016 which will commence on the 2nd May 2016.
FEBRUARY
  • Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.

Filed Under: Criminal Law, Publication Updates, Victoria Tagged With: criminal, magistrates court, offence, traffic

Business and Franchise VIC

11 August 2016 by By Lawyers

Business and Franchise 

OCTOBER 
  • Costs Agreements
    • Included reference to time limit for bringing costs assessment, total estimate of legal costs section with provision for variables, and authority to receive money into trust.
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
  • Purchase of Business – Clause added on payment of fees when purchaser not proceeding.

April 

  • File Cover Sheets for all publications have been completely re-formatted for a better look.
  • New precedent added – Enclosure – Applying for Trade Marks

February 

  • Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.

Filed Under: Business and Franchise, Publication Updates, Victoria Tagged With: business, business conveyancing, franchise, updates

County Court Civil VIC

11 August 2016 by By Lawyers

County Court Civil 

OCTOBER 
  • Costs Agreements
    • Included reference to time limit for bringing costs assessment, total estimate of legal costs section with provision for variables, and authority to receive money into trust.
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.

APRIL

  • File Cover Sheets for all publications have been completely re-formatted for a better look.

FEBRUARY

  • Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.
  • County Court commentary (VIC) – has been reviewed and updated to reflect County Court Vic practice note changes. These include:
    • Common Law Division (PNCL 1-2016) – this practice note provides information on the operation and management of the Common Law Division (divided into the General, Defamation, Medical, Applications, Family Property, WorkCover, Serious Injury and Confiscation Lists).
    • Commercial Division – these practice notes ensure that practitioners and litigants are that the Commercial Division offer flexible arrangements to circuit matters to ensure that litigants in issuing in those courts are not disadvantaged. These include Banking and Finance Lists, Building Cases Lists and Expedited Cases List.

Filed Under: Litigation, Publication Updates, Victoria Tagged With: civil, County Court, updates

Mortgages VIC

11 August 2016 by By Lawyers

Mortgages

OCTOBER
  • Costs Agreements
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
    • Included reference to time limit for bringing costs assessment included total estimate of legal costs section with provision for variables and included authority to receive money into trust.
JULY
  • The commentary was amended to note that from 1 August 2016, authorised deposit-taking institutions (ADIs) must register stand-alone mortgages and discharges via PEXA.
APRIL
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
FEBRUARY
  • Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.

Filed Under: Conveyancing and Property, Publication Updates, Victoria Tagged With: mortgages

Estates VIC

12 January 2016 by By Lawyers

Estates

DECEMBER
  • Added to Further Information – link to LIV Capacity Guidelines and Toolkit
  • Update link regarding AFSA notes on making deceased estate bankrupt
OCTOBER
  • Initial letter to executor confirming instructions/Initial letter to spouse executor – Added paragraph on SRO notifications regarding interim distribution.
  • Commentaries – Author update on superannuation – notification of death and disappointed beneficiaries.
  • Commentaries – Update on deceased estates and foreign resident capital gains withholding payments.
  • New LINKS TO LPLC guide for executors.
  • New precedent – Letter to attorney re signing acceptance.
  • Costs Agreements
    • Included reference to time limit for bringing costs assessment, total estimate of legal costs section with provision for variables, and authority to receive money into trust.
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
SEPTEMBER
  • To do list – two new precedents summarising activities to be undertaken in a Probate or Administration matter.
  • Update links to Second Schedule to the Trustee Act 1958.
  • Addition to commentaries regarding whether cause of death might give rise to any compensation or damages.
JUNE 
  • LINKS TO Supreme Court Victoria – Probate Online Advertising System – Reseal advertisement – This precedent previously just contained a link to the POAS web site. It now also contains three examples of advertisements for reseal of probate, reseal of letters of administration and reseal of administration will annexed.
MAY
  • New precedent – Initial letter to creditor confirming account.
  • Letters of Administration Commentary – Update to Administrator commission content re Professional administrators.
APRIL
  • File Cover Sheets for all publications have been completely re-formatted for a better look.
  • New precedent added to Probate guide – Exemplification or office copy request
  • New content added to commentary re:
  1. deceased intestate;
  2. renunciation;
  3. documents required for grant of probate;
  4. marks on wills;
  5. multiple copies of will;
  6. testamentary capacity;
  7. distribution;
  8. accounts;
  9. further information links.
FEBRUARY 
  • Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.
  • In Probate and Letters of Administration VIC guides the commentary on dealing with the administration of assets has been expanded. What points should be considered in the sale of assets and distribution of the estate? What taxation, investment, debt, accounting and cost disclosures should be considered?

Filed Under: Publication Updates, Victoria, Wills and Estates Tagged With: estates, letters of administration, probate, reseal, updates

  • « Previous Page
  • 1
  • …
  • 18
  • 19
  • 20

Subscribe to our mailing list

* indicates required
Preferred State

Connect with us

  • Email
  • LinkedIn
  • Twitter

Copyright © 2020 · Privacy Policy
Created and hosted by LEAP · Log in