James O'Donnell 
A statutory demand is a formal written request issued by a creditor to a company, demanding payment of a debt that is due and payable issued pursuant to section 459E of the Corporations Act. The debt must meet the statutory minimum requirement being $4,000.00 (as at April 2023). It is important to note that a …
The judicial interpretation of the powers and roles of bankruptcy trustees in the sale of jointly owned property can be complex, given the interaction between Federal Bankruptcy Law and State Property Law. The cases of Coshott, Juratowitch and Pekar indicate how Courts and Tribunals can appoint applicant sole trustees for the purposes of selling co-owned land …
Restrictive Covenants limit how land can be used, benefiting neighbouring properties by maintaining standards like building materials or limiting the number of dwellings. Their aim is to protect neighbouring property values and characteristics but can be restrictive for landowners. In this article we explore how you can apply to either remove or modify a restrictive …
Section 173 Agreements are pivotal instruments in land-use planning and development, playing a crucial role in aligning private property interests with broader community and environmental goals. Here’s an introduction and overview of Section 173 Agreements, covering their purpose, key elements, process of initiation, common provisions, and compliance mechanisms. Purpose of Section 173 Agreements Section 173 …
Litigation is awash with legal jargon and common parlance. Here is a guide on what to do if you are served with a lawsuit from the Victorian Civil and Administrative Tribunal (VCAT), Magistrates’ Court, County Court or Supreme Court. Being sued can be stressful and confusing, especially since the process can vary depending on the …
Protection Works Part 7 of the Building Act 1993 (Vic) legislates measures that are to be in place to safeguard adjoining properties from potential damage caused by building works on a neighbouring site. These are known as Protection Works. Responsibilities of Owners Regarding Protection of Adjoining Property 1. Requirement to Carry out Protection Works: …
Contesting a will in Victoria involves several detailed steps and understanding the legal requirements and procedures is critical. Below is an outline of the process for filing a Testators Family Maintenance Claim (TFM claim) under the Administration and Probate Act 1958. Preliminary Steps 1. Obtain a Copy of the Will: Request a copy of the …
Title Insurance Coverage Title insurance is a crucial yet often overlooked aspect of real estate transactions. While the purchase of property can be an exciting venture, it can come with hidden risks that might not be immediately apparent when inspecting a potential property. Title insurance serves as a protective shield for purchasers in a conveyancing …
It is common practice for creditors to have security over property and one form of security is by registering a caveat on the title of land. Caveat A caveat registered on the certificate of title of land signifies to others the ranking held in the “pecking order” of those demonstrating an interest in the property. …
From 3 August 2024, all new certificate of titles from the Register for land in Victoria will be in electronic form. All existing paper certificates will remain valid until they are required for a conveyancing transaction, after which they will need to be electronic. Land transactions can be layered with complexity. If you are buying, …
