Some notable recent conveyancing cases have been added to 1001 Conveyancing Answers (VIC) and the information in several sections has been updated.
These enhancements are part of an extensive review of the publication by our author Russell Cocks.
Updates include detailed information on:
- recent changes to land tax for vacant residential land;
- the new prohibition against the adjustment of land tax for properties priced under $10,000,000;
- the new prohibition against the adjustment of windfall gains tax; and
- new requirements surrounding building manuals under s 15A Sale of Land Act 1962.
New cases added to the publication include:
- Castaway Avenue Pty Ltd v CSC1957 Investments Pty Ltd [2023] VSCA 30 – a preliminary deposit paid into the purchaser’s solicitors trust account may not be a deposit.
- Valmorbida v Les Denny Pty Ltd [2023] VSC 680 – easement acquired informally by usage.
- Hawkesdale Asset Pty Ltd & Anor v Bennett [2023] VSC 409 – assignment of wind turbine licence.
- Replay Australia Pty Ltd v NightOwl Properties Pty Ltd [2023] QCA 76 – breach of the lease after exercise of option may result in loss of the option.
- Q St Kilda Tenancy Pty Ltd v Kane (Building and Property) [2023] VCAT 75 – a tenant who has mistakenly paid outgoings may not be able to claim them back.
- Dixon (as trustee of the bankrupt estate of Toufic Sassine) v Lennon & Anor [2023] VSC 426 – a charge granted by a client in favour of a solicitor pursuant to a costs agreement supports a caveat.
- Ozella v Owners Corporation RP 14858 (Owners Corporations List) [2023] VCAT 1274 – owners corporation – VCAT can appoint a manager if the owners are in dispute.
- Marshalls & Dent & Wilmoth v Tandos [2024] VSC 44 – costs – solicitors may rely on s 198 of the Legal Profession Uniform Law to extend time for assessment.
1001 Conveyancing Answers (VIC) is available in all By Lawyers conveyancing and property publications in Victoria. This comprehensive reference work assists property lawyers and conveyancers to understand more detailed aspects of the conveyancing process and solve problems for their clients.