2023 Case Law Update
Author : William Stark - 22-03-2023
About The Author
William Stark
Recent Posts
Who is responsible when external cladding fails in an apartment tower during a fire?
William Stark
Date : 10-01-2020
Valuations in Leasing: Renewals, Market Rent Reviews and Valuation Pitfalls
William Stark
Date : 10-01-2020
Can a landlord recover lease incentives from a defaulting tenant or its guarantor?
William Stark
Date : 10-01-2020
Are there any recent Victorian Supreme Court cases about fraud under the Torrens legislation?
William Stark
Date : 10-01-2020
Are there any recent High Court cases about fraud under the Torrens legislation?
William Stark
Date : 10-01-2020
Can an equitable interest take priority over a legal interest in Torrens law?
William Stark
Date : 10-01-2020
Are there any recent cases about whether a builder is liable to an owner's corporation for defective building works?
William Stark
Date : 10-01-2020
Are there any recent cases about whether a builder is liable to an owner's corporation for defective building works?
William Stark
Date : 10-01-2020
Will NSW also adopt the Verification of identity requirements by mortgagees?
William Stark
Date : 10-01-2020
Victorian lenders now required to take 'reasonable steps' to verify the identity of borrowers
William Stark
Date : 10-01-2020
Victorian lenders now required to take 'reasonable steps' to verify the identity of borrowers
William Stark
Date : 10-01-2020
Can I obtain leave to defend an application for summary judgment for possession (part 2)?
William Stark
Date : 10-01-2020
Can I obtain leave to defend an application for summary judgment for possession (part 1)?
William Stark
Date : 10-01-2020
Will Victoria legislate a requirement that lenders must take reasonable steps to identify potential borrowers?
William Stark
Date : 10-01-2020
What are the duties of a mortgagee to a borrower when exercising its power of sale under the Transfer of Land Act?
William Stark
Date : 10-01-2020
Can I obtain an injunction to restrain the imminent mortgagee auction of land?
William Stark
Date : 10-01-2020
Mortgagee allowed to sell luxury mansion in Toorak - part of an ongoing saga
William Stark
Date : 10-01-2020
Can a tenant lodge a caveat to prevent dealings with land by a mortgagee?
William Stark
Date : 10-01-2020
Who will win in priority dispute between a mortgagee and a tenant (Part 3)?
William Stark
Date : 10-01-2020
Who will win in a priority dispute between a mortgagee and a tenant (Part 2)?
William Stark
Date : 10-01-2020
Who will win in a priority dispute between a mortgagee and a tenant (Part 1)?
William Stark
Date : 10-01-2020
When should a solicitor lodge a caveat, and what are the best ways to remove a caveat?
William Stark
Date : 10-01-2020
Sales off-the-plan: Another decision of the Victorian Court of Appeal about the Sale of Land Act, 1962
William Stark
Date : 10-01-2020
Off the plan sales: when does an amendment to a plan of subdivision materially affect a lot?
William Stark
Date : 10-01-2020
Who will win in a priority dispute between a secured creditor and a judgment creditor?
William Stark
Date : 10-01-2020
Are there any recent decisions about the priorities between mortgagees?
William Stark
Date : 10-01-2020
Are there any recent cases about unconscionable conduct and infatuation?
William Stark
Date : 10-01-2020
When does a refusal of a further offer from a defaulting purchaser amount to a failure to mitigate?
William Stark
Date : 10-01-2020
How does a court determine whether the negotiations for a lease have ceased and agreement has been reached?
William Stark
Date : 10-01-2020
Can the Commissioner of Taxation receive the proceeds of sale of land in priority to a registered mortgagee?
William Stark
Date : 10-01-2020
In what circumstances can a liquidator of a landlord disclaim a lease?
William Stark
Date : 10-01-2020
Can a vendor/developer extend the date for registration of a plan of subdivision?
William Stark
Date : 10-01-2020
Have the problems migrating charges from ASIC to the PPS Register been fixed?
William Stark
Date : 10-01-2020
Are there any recent decisions about the enforcement of forged loan documents?
William Stark
Date : 10-01-2020
Are there any recent decisions clarifying unconscionable conduct by a mortgagee?
William Stark
Date : 10-01-2020
When will the latest amendments to the Sale of Land Act, 1962 (dealing with off-the-plan contracts) take effect?
William Stark
Date : 10-01-2020
When can a tenant that has been granted relief against forfeiture be relieved again from forfeiture?
William Stark
Date : 10-01-2020
What is a recent Victorian case analysing notices of default served on a tenant?
William Stark
Date : 10-01-2020
What is the effect of the Personal Property Securities Act on conveyancing and leasing?
William Stark
Date : 10-01-2020
High Court refuses to consider a mortgagee's duties on sale of mortgaged land
William Stark
Date : 10-01-2020
How does a tenant obtain relief against forfeiture of its lease? (Part 3)
William Stark
Date : 10-01-2020
How does a tenant obtain relief against forfeiture of its lease? (Part 2)
William Stark
Date : 10-01-2020
How does a tenant obtain relief against forfeiture of its lease? (Part 1)
William Stark
Date : 10-01-2020
When can a landlord call on a bank guarantee provided by a tenant who defaults under the lease?
William Stark
Date : 10-01-2020
What effect does the Personal Property Securities Act 2009 have on retention of title clauses?
William Stark
Date : 10-01-2020
What are the duties of a mortgagee to a borrower when exercising its power of sale under the Transfer of Land Act?
William Stark
Date : 10-01-2020
What do I need to know about VCAT’s Exclusive Jurisdiction over Retail Leases?
William Stark
Date : 10-01-2020
Can parties to a mortgage agree to contract out of the statute of limitations?
William Stark
Date : 10-01-2020
Who is responsible when external cladding fails in an apartment tower during a fire - Court of appeal?
William Stark
Date : 10-01-2020
Are there any recent cases about a mortgagee';s duty of good faith in selling secured property in pandemic times?
William Stark
Date : 10-01-2020
Are there any cases about the Victorian retail tenancies moratorium due to the Covid-19 pandemic?
William Stark
Date : 10-01-2020
How far above ground level can an owner of land enforce their rights of ownership?
William Stark
Date : 10-01-2020
Can a gift of land during the donor's lifetime defeat a claim against his or her estate after death? - follow up
William Stark
Date : 10-01-2020
Can a gift of land during the donor's lifetime defeat a claim against his or her estate after death?
William Stark
Date : 10-01-2020
Can I claim compensation from a lawyer who lodges a caveat on behalf of his or her client?
William Stark
Date : 10-01-2020
Can a lease cease to be covered by the Retail Leases Act 2003 during its current term?
William Stark
Date : 10-01-2020
Can I challenge an expert valuer's rental determination made under section 37 of the Retail Leases Act 2003?
William Stark
Date : 10-01-2020
What is the ultimate consumer test and how does it affect whether a lease is a retail premises lease?
William Stark
Date : 10-01-2020
What factors does the Family Court take into account when making final property orders?
William Stark
Date : 10-01-2020
Can I lodge a second caveat if my first caveat is removed or lapses in Victoria?
William Stark
Date : 10-01-2020
Are there any substantial amendments planned for the Transfer of Land Act 1958 (Vic)?
William Stark
Date : 10-01-2020
Is a real estate agent an 'agent' for the purposes of a notice under the Sale of Land Act, 1962 (Part 2)?
William Stark
Date : 10-01-2020
When will the PPSA be amended to extend the minimum duration of PPS leases to 2 years?
William Stark
Date : 10-01-2020
Are there any proposed amendments to the Personal Property Securities Act 2009?
William Stark
Date : 10-01-2020
Who will win in priority dispute between a mortgagee and a tenant (Part 5)?
William Stark
Date : 10-01-2020
Who will win in priority dispute between a mortgagee and a tenant (Part 4)?
William Stark
Date : 10-01-2020
Who will win in a PPSA dispute over an unperfected security interest? Part two
William Stark
Date : 10-01-2020
Who will win in a PPSA dispute over an unperfected security interest? Part one
William Stark
Date : 10-01-2020
Are there any recent cases about short stay apartments in Victoria? - Part three
William Stark
Date : 10-01-2020
Are there any recent cases about short stay apartments in Victoria? - Part two
William Stark
Date : 10-01-2020
Are there any recent cases about short stay apartments in Victoria? - Part one
William Stark
Date : 10-01-2020
Can a lender enforce its security if it breaches the Code of Banking Practice? - Part three
William Stark
Date : 10-01-2020
Can a lender enforce its security if it breaches the Code of Banking Practice? - Part two
William Stark
Date : 10-01-2020
Can a lender enforce its security if it breaches the Code of Banking Practice? - Part one
William Stark
Date : 10-01-2020
Can a breach of trust claim defeat an indefeasible title under the Transfer of Land Act, 1958?
William Stark
Date : 10-01-2020
What are the new verification of identity provisions for non electronic land transactions in Victoria?
William Stark
Date : 10-01-2020
Does a right to purchase an apartment off the plan in an undeveloped site create a caveatable interest?
William Stark
Date : 10-01-2020
Can a landlord recover lease incentives from a defaulting tenant or its guarantor?
William Stark
Date : 10-01-2020
Can a landlord recover lease incentives from a defaulting tenant or its guarantor?
William Stark
Date : 10-01-2020
Can a lease be frustrated at law, ending the parties' legal obligations?
William Stark
Date : 10-01-2020