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1 July – All states

1 July 2024 by By Lawyers

1 July updates are always a big focus for By Lawyers. Many Commonwealth and state legislative instruments provide for the scheduled indexing of relevant monetary amounts, and adjustments – usually increases – in government fees and charges. These regular updates occur at the start of every financial year and they impact many different areas of law, and therefore numerous By Lawyers publications.

The 1 July updates include court filing fees, lodgment fees for property dealings, land tax thresholds, minimum weekly compensation amounts for Workers Compensation, the cap on damages in defamation claims, and penalty units for fines for various criminal offences and civil penalty provisions.

By Lawyers always monitor and apply these changes for our subscribers. Each year we ensure our publications are amended where necessary to reflect 1 July updates.

We also monitor and update for similar legislative indexing and increases which occur regularly at other times of the year. These include 1 January changes and other specific dates for various areas of law as prescribed by some statutes.

The 1 July updates have been applied this year, or are in the process of being applied as they get released, to the following By Lawyers publications:

  • Conveyancing and Property;
  • Business and Franchise;
  • Criminal;
  • Defamation & Protecting Reputation
  • Wills;
  • Estates; and
  • Injuries.

Quite separately, there is also new and amending legislation from both Commonwealth and state parliaments that commences on 1 July. Substantive amendments have been made to a number of By Lawyers publications to account for the commencement of such legislation. Please see the various other By Lawyers News & Updates posts dealing with those updates.

By Lawyers is always up to date!

Filed Under: Australian Capital Territory, Business and Franchise, Conveyancing and Property, Federal, Miscellaneous, New South Wales, Northern Territory, Publication Updates, Queensland, South Australia, Tasmania, Victoria, Western Australia, Wills and Estates, Workers Compensation Tagged With: filing fees, fines, litigation, lodgement fees, property law, uniform defamation law, workers compensation

Conveyancing Answers – VIC

28 March 2024 by By Lawyers

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.

Filed Under: Conveyancing and Property, Publication Updates, Victoria Tagged With: 1001 Conveyancing Answers Victoria, property law, property lawyers

Conveyancing cases – VIC

4 December 2023 by By Lawyers

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.

 

Filed Under: Conveyancing and Property, Legal Alerts, Publication Updates, Victoria Tagged With: 1001 Conveyancing Answers Victoria, Conveyancers, conveyancing, property law, property lawyers

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