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Some of you have suggested that this blog has been too quiet of late. There has been a good reason for that – I have been busy finishing the The Mortgagee’s Power of Sale. Clyde Croft (now The Honourable Justice Croft) wrote the first edition, was co-author of the second edition and is co-author of the 3rd edition. The Mortgagee’s Power of Sale will provide an
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Some of Melbourne’s finest legal minds are spending long hours trying to solve the question of whether a landlord can recover from a tenant the costs of complying with the landlord’s obligations under the Building Act 1993 (Act) and regulations. Much of the debate concerns s 251 which provides that: “(1) If the owner of a
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In yesterday’s post I stated that the Fair Trading Act 1999 had been repealed effective 1 July 2012 and replaced with the Australian Consumer Law and Fair Trading Act 2012. Many commercial disputes brought in VCAT were “consumer and trader” disputes within the meaning of s.107 of the FTA. Chapter 7 of the new Act preserves the “consumer and
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The Fair Trading Act 1999 was repealed on 1 July 2012 and replaced by the Australian Consumer Law and Fair Trading Act 2012. Some parts of the ACLFTA have not yet come into force including Part 4.2 (disposal of uncollected goods), Part 5.2 (liability of accommodation providers), s.234 (repeal of Disposal of Uncollected Goods Act 1961), s.235
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It is remarkable what our leaders can inflict upon us in the name of “reform”. At the very least the Personal Property Securities Act 2009 is confusing and messy. That it has been inflicted on business and their advisors in this form says much for how ‘out of touch’ our politicians and public servants are.
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I have been asked to explain the opinion that I proferred on 13 April that a landlord which complies with s 251 of the Building Act 1993 could not recover the costs of compliance from the tenant. Section 251 is similar in many respects to s 52 of the Retail Leases Act 2003: under both Acts the owner/landlord is
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Yesterday I posted an article about s 251 of the Building Act 1993. The effect of s 251 is that if the owner of a property is required by the Act or by the Building Regulations 2006 to keep premises in a specified state: (i) the owner cannot contract out of those obligations by, for example,
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Recently I have attended a number of mediations at which tenants have invoked s.251 of the Building Act 1993 as part of the bargaining process. Section 251 affords tenants a powerful weapon. Section 251 provides that: (1) If the owner of a building or land is required under this Act or the regulations to carry out
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Victorian landlords and tenants should be slow to embrace the draft Uniform Torrens Title Act that has just been published. At present there is no requirement in Victoria to register leases and s.42(2)(e) of the Transfer of Land Act 1958 provides that the interest of a tenant in possession of land is an exception to the rules
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Michael Redfern died last Thursday night. Many readers will know Michael either personally or as one of Australia’s leading property lawyers. Michael had been ill for a number of years. Michael was a fine lawyer, a gentlemen, a mentor to many, generous and kind. Any person who knew Michael could not help but like him. Apart from his many years as a solicitor, Michael made
