Property Law

  • Covenant Removal More Difficult

    Posted by Rob Bradley
    The recent decision of VCAT in Hill v Campaspe Shire Council will make it more difficult to remove or modify a restrictive covenant through the planning process. Aitken Partners property lawyer Rob Bradley says In that case, Deputy President Gibson held that:
    1. if an application is made under clause 52.02 of the Planning Scheme for a planning permit to remove or vary a covenant, objections can be lodged by           
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  • PAOs and Compulsory Acquisitions - What should a Landowner or Tenant do?

    Posted by Anton Dunhill

    Both tenants and land owners have rights under the legislation relating to compulsory acquisitions and planning overlays. It is imperative that you engage lawyers and consultants experienced in the compulsory acquisition and planning overlay process to assist you in obtaining appropriate compensation. These processes are covered by unique legislative regimes which do not follow standard property and conveyancing law practices.

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  • Public Acquisition Overlays and Compulsory Acquisitions - What does it all mean?

    Posted by Anton Dunhill
    Many of us would remember the great Australian film The Castle where the hero Darryl Kerrigan successfully took on a big airport corporation trying to compulsorily acquire his land for an extension. At the end of the day, Darryl won the case and the acquisition did not go ahead.
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  • Property Development JVs - 'Not One Size Fits All'

    Posted by Rob Bradley

    Property Development Joint Ventures can be structured in a variety of ways - with or without companies, trusts or formal partnerships. When choosing the right structure, there is no 'one size fits all' answer, which means you need lawyers who can tailor your joint venture agreement.

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  • Easements and Covenants

    Posted by Rob Bradley

    Easements and Covenants affecting freehold land are the subject of a Consultation Paper published by the Victorian Law Reform Commission.  Submissions from the public have been invited and the deadline is 30 September 2010.

    Aitken's partner, Rob Bradley is a member of a Law Institute of Victoria sub-committee that is examining the Consultation Paper.

    Please contact him if you have any experiences or views that might assist in understanding the inadequacies of the current laws or suggest a better legal structure for the future.

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  • Protection for Home Owners for Domestic Building Works

    Posted by Andrew Blogg

    With many of us undertaking renovation works on our properties, or even purchasing a home where such work has already been done, it is important for home owners to be aware that they do have some protection for domestic building works undertaken on their homes, whether or not they engaged the builder or contractor themselves and regardless of how the builder or contractor was engaged, which, as we know, can often be somewhat informal and not generally governed by a formal contract.

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  • Adverse Possession - Getting what you're paying for?

    Posted by Rob Bradley

    Rob Bradley has been interviewed by Domain in The Age on the concept of adverse possession.

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  • Owners Corporation (2-lot Subdivisions) - Insurance and the Sale of Land Act 1962

    Posted by Rob Bradley

    Section 11 of the Sale of Land Act 1962 states that a person cannot sell a lot affected by an owners corporation unless the vendor or the owners corporation has a current insurance policy in accordance with the Owners Corporations Act 2006 for any insurance required by that Act to be effected by the owners corporation.

    Due to the compliance exemptions contained in section 7, for 2-lot subdivisions there are no requirements for reinstatement and replacement insurance or public liability insurance.

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  • When can you apply the 'Margin Scheme'?

    Posted by Rob Bradley

    The Tax Laws Amendment (2008 Measures No 5) Act 2008 significantly impacted on the operation of the margin scheme. In particular, the changes concerned supplies of property that was previously supplied GST-free due to going concern concessions or farm land concessions.

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  • Insurance Exemption for 2-lot subdivisions

    Posted by Rob Bradley

    Certain insurance exemptions exist for 2-lot subdivisions under section 7 of the Owners Corporations Act 2006.

    These include:

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