Robert Hay Barrister

  • There is a translation key (widget) on the mirrored blog for ease of reading for non-English speaking members of the public or professionals. The mirrored blog can be found at http://roberthaybarrister.blogspot.com.au/   A wise senior building barrister once said to me that in analysing a legal problem you should “always start with the money” – that is…

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  • I recently presented a short paper at the Law Institute of Victoria’s Property Law Conference on the topical question of :   “Whether a landlord can recover from a tenant the costs of complying with the Building Act”   The paper is attached for your download ease.   Property Law Conferencer ( August 2012)(3)

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  • There is a translation key (widget) on the mirrored blog for ease of reading for non-English speaking members of the public or professionals. The mirrored blog can be found at http://roberthaybarrister.blogspot.com.au/   When premises are sold the question often arises as to whether a tenant can enforce  covenants contained in the lease against the new owner? At common…

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  • There is a translation key (widget) on the mirrored blog for ease of reading for non-English speaking members of the public or professionals. The mirrored blog can be found at  http://roberthaybarrister.blogspot.com.au/   What is the effect of a purchaser of land nominating a nominee under a nomination clause contained in the contract: what rights and obligations does…

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  • There is a translation key (widget) on the mirrored blog for ease of reading for non-English speaking members of the public or professionals. The mirrored blog can be found at http://roberthaybarrister.blogspot.com.au/   It is extraordinary how often lawyers overlook the cardinal rule when dealing with land: anything intended to have legal effect must be in writing. See:…

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  • There is a translation key(widget) on the mirrored blog for ease of reading for non-English speaking members of the public or professionals. The mirrored blog can be found at  http://roberthaybarrister.blogspot.com.au/     Where a landlord refuses consent to an assignment of the term of the lease the tenant’s usual remedy is to seek a declaration that the…

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  • Distress for rent

    Section 12 of the Landlord and Tenant Act 1958 provided that distress for rent was abolished on13 August 1948.   Section 12 has been repealed.   The purpose of s.12 was not to abolish distress for rent but to make it clear that distress for rent had been abolished. Practitioners should be aware that the…

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