BLOG AUTHOR : William Stark
Welcome to our Legal Blog with posts from expert barristers covering a vast range of jurisdictions, issues and updates in the law.
How can I have a mortgage discharged if the lender has been wound up?
- 15 November 2023
2023 Case Law Update
- 22 March 2023
Are there any recent cases about Section 9AC of the Sale of Land Act and material changes to plans of subdivision before registration?
- 31 May 2022
Is it a good idea to use a template or precedent form of lease?
- 22 February 2022
Can parties to a mortgage agree to contract out of the statute of limitations?
- 02 September 2021
Who is responsible when external cladding fails in an apartment tower during a fire - Court of appeal?
- 04 June 2021
Are there any recent cases about a mortgagee's duty of good faith in selling secured property in pandemic times?
- 03 June 2021
Can I enforce an unregistered restrictive covenant?
- 08 February 2021
How far above ground level can an owner of land enforce their rights of ownership?
- 06 October 2020
Can a gift of land during the donor's lifetime defeat a claim against his or her estate after death? - follow up
- 25 September 2020
Can a gift of land during the donor's lifetime defeat a claim against his or her estate after death?
- 23 September 2020
How does the Supreme Court determine whether modification of a restrictive covenant would substantially injure those entitled to the benefit of the covenant?
- 08 September 2020
Can I claim compensation from a lawyer who lodges a caveat on behalf of his or her client?
- 25 August 2020
Who is responsible when external cladding fails in an apartment tower during a fire?
- 10 January 2020
Valuations in Leasing Part 1: Options to Renew
- 30 November 2018
Valuations in Leasing: Renewals, Market Rent Reviews and Valuation Pitfalls
- 15 November 2018
When will there be a concluded lease, and what compensation will be payable if the landlord wrongfully breaches the lease?
- 23 May 2018
Can a lease cease to be covered by the Retail Leases Act 2003 during its current term?
- 16 April 2018
Can I challenge an expert valuer's rental determination made under section 37 of the Retail Leases Act 2003?
- 16 April 2018
What is the ultimate consumer test and how does it affect whether a lease is a retail premises lease?
- 04 March 2018
What residential tenancy reforms are proposed in Victoria in 2018?
- 28 February 2018
What factors does the Family Court take into account when making property orders where one party to the marriage is under a disability?
- 27 February 2018
What factors does the Family Court take into account when making final property orders?
- 24 February 2018
Can I lodge a second caveat if my first caveat is removed or lapses in Victoria?
- 19 December 2017
Are there any substantial amendments planned for the Transfer of Land Act 1958 (Vic)?
- 21 September 2017
Is a real estate agent an 'agent' for the purposes of a notice under the Sale of Land Act, 1962 (Part 2)?
- 16 August 2017
New definition of PPS Lease under the PPSA is now law
- 06 June 2017
When will the PPSA be amended to extend the minimum duration of PPS leases to 2 years?
- 15 May 2017
Are there any proposed amendments to the Personal Property Securities Act 2009?
- 22 April 2017
Who will win in priority dispute between a mortgagee and a tenant (Part 5)?
- 22 April 2017
Who will win in priority dispute between a mortgagee and a tenant (Part 4)?
- 18 March 2017
Can I rely on the transitional provisions of the Personal Property Securities Act 2009 to enforce an unregistered security interest?
- 06 March 2017
Who will win in a PPSA dispute over an unperfected security interest? Part two
- 05 March 2017
Who will win in a PPSA dispute over an unperfected security interest? Part one
- 02 March 2017
Can parties to a Contract of Sale of Real Estate for a sale 'off the plan' agree to make the purchaser responsible for the costs of subdivision?
- 20 December 2016
Are there any recent cases about rent review clauses on the exercise of an option for a further term in Retail Leases in Victoria?
- 13 October 2016
Are there any recent cases about short stay apartments in Victoria? - Part three
- 18 August 2016
Are there any recent cases about short stay apartments in Victoria? - Part two
- 17 August 2016
Can a lender enforce its security if it breaches the Code of Banking Practice? - Part three
- 11 August 2016
Can a lender enforce its security if it breaches the Code of Banking Practice? - Part two
- 10 August 2016
Are there any recent cases about short stay apartments in Victoria? - Part one
- 15 August 2016
Can a lender enforce its security if it breaches the Code of Banking Practice? - Part one
- 09 August 2016
Can a breach of trust claim defeat an indefeasible title under the Transfer of Land Act, 1958?
- 30 April 2016
What are the new verification of identity provisions for non electronic land transactions in Victoria?
- 16 March 2016
Are there any recent cases about whether a builder is liable to an owner's corporation for defective building works?
- 18 December 2014
Can a landlord recover lease incentives from a defaulting tenant or its guarantor?
- 21 October 2015
Taxation issues relating to leasing transactions - follow up
- 29 February 2016
Victorian lenders now required to take 'reasonable steps' to verify the identity of borrowers
- 01 October 2014
When is electronic conveyancing going to happen in Victoria?
- 03 March 2015
Retail Leasing Seminar on 25 March 2015
- 25 March 2015
Can an equitable interest take priority over a legal interest in Torrens law?
- 26 May 2015
Can a binding agreement to lease be created by email?
- 22 June 2015
Can a contract to purchase real estate be formed by email?
- 23 June 2015
Recent developments in Property Law
- 07 September 2015
How does GST operate when leased premises are sold?
- 09 September 2015
Fraudulent activity in Property transactions
- 16 October 2015
Are there any recent High Court cases about fraud under the Torrens legislation?
- 18 October 2015
Are there any recent Victorian Supreme Court cases about fraud under the Torrens legislation?
- 19 October 2015
Does a right to purchase an apartment off the plan in an undeveloped site create a caveatable interest?
- 20 January 2016
Can a landlord recover lease incentives from a defaulting tenant or its guarantor?
- 20 October 2015
Can a landlord recover lease incentives from a defaulting tenant or its guarantor?
- 21 October 2015
Solicitor's Certificates - Tips and Traps
- 03 March 2016
Are there any recent cases about whether a builder is liable to an owner's corporation for defective building works?
- 18 December 2014
Will NSW also adopt the Verification of identity requirements by mortgagees?
- 17 December 2014
How do I verify a potential borrower's identity?
- 05 November 2014
Victorian lenders now required to take 'reasonable steps' to verify the identity of borrowers
- 30 September 2014
Can I obtain leave to defend an application for summary judgment for possession (part 2)?
- 01 September 2014
Can I obtain leave to defend an application for summary judgment for possession (part 1)?
- 29 August 2014
Will Victoria legislate a requirement that lenders must take reasonable steps to identify potential borrowers?
- 25 August 2014
What are the duties of a mortgagee to a borrower when exercising its power of sale under the Transfer of Land Act?
- 20 August 2014
Taxation issues relating to leasing transactions
- 02 September 2015
Can I obtain an injunction to restrain the imminent mortgagee auction of land?
- 04 June 2014
More on a mortgagee's duty to a mortgagor on a mortgagee sale
- 29 May 2014
Mortgagee allowed to sell luxury mansion in Toorak - part of an ongoing saga
- 27 May 2014
Review of the PPS Act
- 19 May 2014
When can a borrower challenge the lender's legal costs?
- 20 May 2014
Lending to mature aged borrowers
- 19 May 2014
Can a tenant lodge a caveat to prevent dealings with land by a mortgagee?
- 27 March 2014
Dispute resolution in Retail and Commercial Leasing
- 19 March 2014
PPSA - first case about removal of a PPSR registration
- 19 December 2013
When does the PPSA transitional period end?
- 19 December 2013
Who will win in priority dispute between a mortgagee and a tenant (Part 3)?
- 09 October 2013
Who will win in a priority dispute between a mortgagee and a tenant (Part 2)?
- 09 October 2013
Who will win in a priority dispute between a mortgagee and a tenant (Part 1)?
- 09 October 2013
Off the Plan Sales - How to Avoid Them & When to Enforce Them
- 13 September 2013
Strategic Use of Guarantees
- 14 August 2013
Are there any recent cases about PPS leases and the PPSA?
- 04 March 2016
What are my rights when selling a home in Victoria, Australia?
- 29 July 2013
Personal Property Securities Act - who will win a priority dispute between an equipment financier and a general financier?
- 18 July 2013
When should a solicitor lodge a caveat, and what are the best ways to remove a caveat?
- 19 June 2013
High Court to hear appeal about Willmott
- 19 June 2013
Sales off-the-plan: Another decision of the Victorian Court of Appeal about the Sale of Land Act, 1962
- 24 May 2013
How can I obtain leave to appeal from VCAT on a question of law?
- 08 May 2013
Off the plan sales: when does an amendment to a plan of subdivision materially affect a lot?
- 02 May 2013
Who will win in a priority dispute between a secured creditor and a judgment creditor?
- 23 April 2013
Who will win in a priority dispute between 2 defrauded lenders?
- 16 April 2013
What happens if a lender misleads a borrower or a guarantor?
- 14 April 2013
Are there any recent decisions about the priorities between mortgagees?
- 12 April 2013
Are there any recent cases about unconscionable conduct and infatuation?
- 14 February 2013
Personal Property Security Law Conference
- 31 January 2013
When does a refusal of a further offer from a defaulting purchaser amount to a failure to mitigate?
- 10 December 2012
Are there any proposed changes to section 32 (vendor) statements?
- 10 December 2012
Can the sheriff sell land in Victoria without a reserve - part 2?
- 07 December 2012
Can the sheriff sell land in Victoria without a reserve - part 1?
- 07 December 2012
Are there any cases decided under the PPSA - part 2?
- 31 October 2012
How does a court determine whether the negotiations for a lease have ceased and agreement has been reached?
- 17 October 2012
PPSR data migration issues update
- 16 October 2012
Can the Commissioner of Taxation receive the proceeds of sale of land in priority to a registered mortgagee?
- 17 October 2012
In what circumstances can a liquidator of a landlord disclaim a lease?
- 13 September 2012
Are there any cases about the Personal Property Securities Act?
- 12 September 2012
Can a vendor/developer extend the date for registration of a plan of subdivision?
- 11 September 2012
Have the problems migrating charges from ASIC to the PPS Register been fixed?
- 27 August 2012
Are there any recent decisions about the enforcement of forged loan documents?
- 23 August 2012
Are there any recent cases on 'Severance of joint tenancies'?
- 21 August 2012
Are there any recent decisions clarifying unconscionable conduct by a mortgagee?
- 22 August 2012
Personal Property Securities Act further update
- 17 August 2012
What are a developer vendor's obligations to use its best endeavours to obtain registration of a plan of subdivision in a timely fashion?
- 03 August 2012
Is there a recent court decision finding lenders negligent?
- 16 July 2012
Is asset-based lending doomed in Victoria and Australia?
- 13 July 2012
When will the latest amendments to the Sale of Land Act, 1962 (dealing with off-the-plan contracts) take effect?
- 03 July 2012
Retail Leases Seminar
- 31 May 2012
When can a tenant that has been granted relief against forfeiture be relieved again from forfeiture?
- 29 May 2012
What is a recent Victorian case analysing notices of default served on a tenant?
- 24 May 2012
When does a variation to a lease amount to a surrender and re-grant?
- 07 May 2012
What is the effect of the Personal Property Securities Act on conveyancing and leasing?
- 24 April 2012
Recent developments in Property Law
- 30 March 2012
New form of contract of sale of real estate
- 21 March 2012
What's hot in mortgage enforcement?
- 13 March 2012
Personal Property Securities Act commences 30 January 2012
- 25 January 2012
How does a tenant obtain relief against forfeiture of its lease? (Part 3)
- 06 November 2011
How does a tenant obtain relief against forfeiture of its lease? (Part 2)
- 29 October 2011
Personal Property Securities start date may be deferred again!
- 24 October 2011
New form of contract of sale of real estate
- 27 February 2012
How does a tenant obtain relief against forfeiture of its lease? (Part 1)
- 20 October 2011
Will the new 'landholder' model of land tax in Victoria affect me?
- 17 October 2011
Severance of joint tenancies update
- 14 February 2012
When will the Personal Properties Securities Act 2009 commence?
- 28 September 2011
When can a landlord call on a bank guarantee provided by a tenant who defaults under the lease?
- 18 September 2011
What effect does the Personal Property Securities Act 2009 have on retention of title clauses?
- 12 September 2011
Timing is everything! Start date for PPSA deferred (again!)
- 04 September 2011
How does the new Personal Property Securities Act 2009 affect me?
- 04 September 2011
What are the duties of a mortgagee to a borrower when exercising its power of sale under the Transfer of Land Act?
- 24 August 2011
What do I need to know about VCAT’s Exclusive Jurisdiction over Retail Leases?
- 20 August 2011
High Court refuses to consider a mortgagee's duties on sale of mortgaged land
- 31 January 2012
