New conveyancing cases have been added to By Lawyers reference manual 1001 Conveyancing Answers (VIC) as part of a review by our author Russell Cocks. The publication has been generally updated for recent developments in the law and practice.
New cases on various aspects of the conveyancing process have been added, including:
- Definition of domestic building work – Li v Smith [2023] VCAT 112 – construction of a brick wall at a residential property found to meet the definition of domestic building work.
- Caveatable interests – PEXA – A F Welco Holdings P/L v Canterbury Hills P/L [2022] VSC 490 – considering the overlap between the different types of caveatable interests that are listed in PEXA and all the possible caveatable interests.
- Solicitors and caveats – Lanciana v Alderuccio [2019] VSC 198 – a solicitor who lodges a caveat on behalf of a client is not a person who lodges within the meaning of s 118 of the Transfer of Land Act 1958.
- Discharging obsolete covenants – City of Stonnington v Wallish [2021] VSC 84 – a successful application to discharge obsolete restrictive covenants where the plaintiff intended to carry out construction on the land, including social facilities.
- Payment of deposit – Castaway Av P/L v CSC1957 Investments P/L [2023] VSCA 30 – a preliminary deposit paid into the purchaser’s solicitors trust account may not be considered a deposit under the contract.
- Objection to release of deposit – GLP Batesford Holdings P/L v 68 Bridge Road Land P/L [2022] VSC 614 – once a purchaser has raised an objection in relation to financial information provided, that is sufficient to stop the release of the deposit under s 27 of the Sale of Land Act 1962.
- Legal professional privilege – Regent 125 P/L v Brdar [2019] VSC 177 – privilege will rarely arise in relation to conveyancing transactions but may do so in limited circumstances.
Practical commentary has also been added about setting up and running electronic workspaces in the electronic lodgement platforms.
1001 Conveyancing Answers (VIC) is available in the Reference Materials folder on the matter plan in all Victorian By Lawyers conveyancing and property guides. It contains many conveyancing cases with summaries and hyperlinks. It assists property lawyers and conveyancers to understand more complex issues in the conveyancing process and solve problems for their clients.