Publications

Papers/Audio CDs - Property Law

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Avoiding Conveyancing Catastrophes 2012

August 2012

Avoiding Conveyancing Catastrophes 2012

Barry Northfield, Accredited Specialist - Property Law, Partner, RNG Lawyers and
Peter Window, Partner, Cornwall Stodart Lawyers

In this seminar, accredited property law specialist Barry Northfield of RNG Lawyers discusses how to avoid defects in Section 32 Vendor Statements, the requirements of owner/builder disclosure, issues with plans of subdivision, and how to reduce the risk of a claim being made against you by an unhappy vendor.

Meanwhile, Partner Peter Window from Cornwall Stodart Lawyers explores how to deal with the legal and practical issues arising from delays in respect of contracts of sale, whether initiated by the vendor or the purchaser. He also takes a look at GST and when a supply of real estate is considered a ‘taxable supply’, and the requirements concerning stamp duty.

 

Published: August 2012 - ISBN: 978-1-922-026-12-5

Audio duration: 01:31:32

 

Audio CD (C12/29)
$120.00 (inc. GST)

Caveats - To lodge or not to lodge 2012

June 2012

Caveats - To lodge or not to lodge 2012

Philip Barton, Barrister, Victorian Bar

Philip Barton discusses key concepts with respect to caveats, with reference to leading and recent cases.

 

Published: June 2012 - ISBN: 978-1-922026-19-4

Number of pages: 18

 

Paper (P12/16)
$48.00 (inc. GST)

Conveyancing - The Pitfalls 2012

February 2012

Conveyancing - The Pitfalls 2012

Malcolm Watson, Accredited Specialist - Property Law, Partner, Gadens Lawyers

In a shaky property market, the need for watertight contracts of sale is more important than ever. This paper takes a look at how conveyancing lawyers can protect the interests of their client – whether vendor or purchaser – by avoiding defects in vendor statements, finding a way to terminate a contract of sale, or advising purchasers of the dangers of entering into particular contracts. Malcolm Watson also discusses the impact of the owner builder provisions of the Building Act 1993, the issues and common mistakes that can arise with plans of subdivision and the effect of the changes to the Sale of Land Act which came into force on 30 June 2012.

 

Published: February 2012 - ISBN: 978-1-922026-15-6 

Number of pages: 21

 

Paper (P12/12)
$48.00 (inc. GST)

Owners Corporations - An update on strata legislation and case law 2012

February 2012

Owners Corporations - An update on strata legislation and case law 2012

Tim Graham, Partner, HWL Ebsworth Lawyers

Tim Graham discusses various important issues relating to owners corporations, including recent legislative amendments, the powers exercisable by a committee, committee proxies, standing of individual lot owners in litigation, service of documents and the ability to recover a manager’s costs at VCAT.  He also discusses various cases with respect to owners corporation rules, fees and charges, applications under s34 Subdivision Act 1988 and the appointment of administrators. 

 

Published: February 2012 - ISBN: 978-1-922026-10-1

Number of pages: 18

Audio duration: 00:58:01

 

Paper (P12/07)
$48.00 (inc. GST)
Audio CD (C12/07)
$80.00 (inc. GST)
Audio CD & Paper (PC12/07)
$121.60 (inc. GST)

Personal Property Securities Act 2009 - Attachment, perfection, priority and transfer 2012

March 2012

Personal Property Securities Act 2009 - Attachment, perfection, priority and transfer 2012

David Turner, Barrister, Victorian Bar

The Personal Properties Securities Act 2009 ('PPSA') is an extremely complex piece of legislation and cannot be easily interpreted and understood by simply reading it. This paper assists practitioners by discussing in detail the various PPSA concepts and applicable case law including:

  • What is personal property
  • Security interests, deemed security interests and excluded transactions
  • Security agreement
  • Attachment
  • Perfection
  • Proceeds
  • Priorities
  • Purchase money security interest (PMSI)
  • Transfer, cut-off and extinguishment rules

 

Published: March 2012 - ISBN: 978-1-922026-18-7

Number of pages: 32

 

Paper (P12/15)
$48.00 (inc. GST)

Personal Property Securities Act 2009 - Back to basics (Rookie Lawyers Series) 2012

July 2012

Personal Property Securities Act 2009 - Back to basics (Rookie Lawyers Series) 2012

Paul Duggan, Barrister, Victorian Bar and Stephen Newman, Executive Counsel, Kliger Partners

More than 300 pages thick and replacing approximately 70 pieces of legislation Australia-wide, the Personal Property Securities Act 2009 (Cth) (PPSA) has wide implications for practitioners and their clients, not least because it attempts to be a 'one stop shop' for all the rules relating to security interests.
 
In this seminar, barrister Paul Duggan provides a broad overview of the PPSA, from who is affected by it to the key concepts contained within. Meanwhile, Stephen Newman of Kliger Partners discusses practical issues that arise under the PPSA, including drafting points for a security agreement and when a lien will have priority over other security interests.

 

Published: July 2012 - ISBN: 978-1-922026-18-7

Audio duration: 00:57:36

 

Audio CD (C12/35)
$80.00 (inc. GST)

Personal Property Securities Act 2009 - Essential update on the new legislation 2012

March 2012

Personal Property Securities Act 2009 - Essential update on the new legislation 2012

Bruce Whittaker, Partner, Ashurst

Described as the most significant commercial law reform in decades, the Personal Property Securities Act 2009 (Cth) completely re-writes the notion of what constitutes a security interest.  As a result, it has far-reaching effects for individuals and businesses and intrudes into areas of general corporate and commercial practice in a way that previous security law did not.

Closely involved in the development of the PPS legislative package, Ashurst’s Bruce Whittaker is well-placed to discuss the specific changes and practical legal issues arising out of the Act, and the steps practitioners must take to ensure their clients have an effective security interest. He also reviews a case law example from New Zealand to illustrate the potentially disastrous effect of the legislation on the ownership of an asset if a party fails to realise how the legislation now operates.

 

Published: March 2012 - ISBN: 978-1-922026-13-2

Audio duration: 01:01:03

 

Audio CD (C12/30)
$80.00 (inc. GST)

Planning and Environment List Update - Recent cases and decisions 2012

March 2012

Planning and Environment List Update - Recent cases and decisions 2012

Deputy President Helen Gibson, Victorian Civil and Administrative Tribunal

This paper provides useful insights into various cases considered by VCAT with respect to the interpretation of policy provisions in planning matters. Various environmental cases are detailed, together with issues relating to the weighing of competing planning objectives and the practice and procedures of VCAT. 

 

Published: March 2012 - ISBN: 978-1-922026-07-1

Number of pages: 13 

 

Paper (P12/04)
$48.00 (inc. GST)

Property Law Conference 2012

October 2012

Property Law Conference 2012

This set contains a selection of papers from our Property Law Conference as follows:

  • Essential Services and the Recovery of Expenses (Robert Hay, Victorian Bar)
  • Owners Corporations – Key Issues (Tim Graham, HWL Ebsworth Lawyers)
  • Risk Allocation in Property Transactions (Malcolm Watson, Gadens Lawyers)


Published: October 2012 - ISBN: 978-1-922026-25-5

No of pages: 55

 

Papers (P12/43)
$68.00 (inc. GST)

Property Law Intensive 2013

March 2013

Property Law Intensive 2013

This set comprises a selection of papers from our Property Law Intensive as follows:

 
  • Common Scenarios with Off-the-Plan Sales – John Warren, Victorian Bar
     
  • Property Law Update – Anthony Schlicht, Victorian Bar


Published: March 2013 - ISBN: 978-1-922026-38-5

Number of pages: 24

 
Paper (P13/10)
$48.00 (inc. GST)

Property Transactions & Holding Structures - Taxation issues and strategies 2012

February 2012

Property Transactions & Holding Structures - Taxation issues and strategies 2012

Dr Bill Orow, Barrister, Victorian Bar

In this seminar, tax specialist Dr Bill Orow explores the tax issues that practitioners should consider when dealing with various kinds of property transactions and holding structures, including how to choose the preferable type of asset holding structure, the CGT and stamp duty (transfer and landrich) implications of buying and selling property, and the taxation of disposal proceeds in different holding structures.

 

Published: February 2012 - ISBN: 978-1-922026-15-6

Audio duration: Disc 1 - 0:55:50

                       Disc 2 - 00:49:40

 

Audio CD (C12/32)
$120.00 (inc. GST)

Retail Leasing - An update on recent cases and decisions 2012

March 2012

Retail Leasing - An update on recent cases and decisions 2012

Robert Hay, Barrister, Victorian Bar

This paper discusses the facts and finding of recent cases with respect to the following property related issues:

  • Whether a breach of s52 of the Retail Leases Act 2003 is repudiatory conduct
  • The availability of set-off
  • When a tenant has parted with possession
  • Relief against forfeiture and the nature of an option
  • Whether a premises is a retail premises
  • s440C of the Corporations Act 2001 and landlords taking possession
  • Whether a liquidator can disclaim a tenant’s interest in a lease
  • Section 146 notices
  • Relief against forfeiture of head lease
  • Obtaining an additional term where there was no further option in the lease

 

Published: March 2012 - ISBN: 978-1-922026-12-5

Number of pages: 13

 

Paper (P12/09)
$48.00 (inc. GST)

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