Blog

  • How Do They Acquire My Land?

    All governments have the power to acquire land from land owners for a variety of purposes, but there are steps they must take in all instances.

    Generally speaking, a Notice of Intention to Acquire (NOIA) is served first. It is a notice prescribed under the Land Acquisition & Compensation Act (section 6) and it foreshadows that the Acquiring Authority intends to acquire an interest in the land.

  • Insurance Exemption for 2-lot subdivisions

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

    These include:

  • Owners Corporation Certificate for 2-Lot Subdivision

    Section 32(3A) of the Sale of Land Act provides that if the land if affected by  an owners corporation, the vendor must attach to the vendor’s statement a copy of the owner’s corporation certificate and a copy of the documents required to accompany the owners corporation certificate under 151(4)(b) of the Owners Corporations Act. Further, section 32(5) provides that where such required information is not provided, the purchaser may rescind any contract for the sale of the land.

  • What do you do if your land is Compulsorily Acquired?

    MORE IMPORTANTLY, WHAT DO YOU GET?

    So, an authority wants to take your land by way of compulsory acquisition? What can you get?

    In usual circumstances, you can’t prevent a compulsory acquisition. However, in almost all cases, when an authority acquiring your interest gives you formal notice of its intention to undertake an acquisition, with the immediate assistance of an experienced lawyer and an independent valuer, you can be guided through a fair process.

  • The cricketer and the model: A Hypothetical

    You may have heard some discussion of a property settlement between a prominent Australian cricketer and his former model fiancée.  The circumstances set out below are based only on media reports and set out as a hypothetical, given we have little idea of the true details.

    As set out in previous ‘blogs (see 9 and 16 September 2009), to apply for property distribution orders under the Family Law Act a de facto couple must either:

  • Incorporated Associations access to information about members

    The Associations Incorporation Act 1981 (Vic) governs the incorporation of not-for-profit clubs and societies. Every association incorporated under that Act must have Rules, and the Act provides a list of matters for which rules must cover.  The Act also provides that an association or club may simply adopt the Model Rules prescribed in the regulations.

  • Family Court & Appalling Behavior

    In a decision that confirms the worst nightmares of many non-custodial parents, Her Honour Justice Bennett in Wang v Dennison (No 2) declined to Order that the parties two young children live with or spend any time with their father despite some astounding findings.

    Her Honour found the mother had “purposefully conditioned the children to believe that they had been sexually abused by their father when they had not” and that she had done so “in order to cut the father out of the lives of the children".

  • Parenting Laws Review – What Are The Problems And What Are The Solutions?

    On 28 January 2010 the Attorney General released three reports regarding the 2006 Parenting Reforms to the Family Law Act ('the Act'), by the Australian Institute of Family Studies, the Family Law Council of the Law Council of Australia and Prof Richard Chisolm respectively.  They have been reported as concluding:

  • Ignorance may not be bliss

    A recent case in which we acted for a waste management company demonstrated that even when you think you are doing the right thing, that may not be the case.

    The waste management company had processes in place where it reported to the Council when trucks entered a waste site with overweight loads. Our client was at that stage unaware that there was a secondary requirement – VicRoads were to be notified when this occurred pursuant to the Road Safety Act – an oversight which gave rise to potential fines of around $1.6m.

  • The ‘Magic Pudding' does exist

    We recently provided tax advice to a financial advisor on the restructure of a business owned by a husband and wife client which resulted in significant savings. The couple, each aged 55, had during their working life run a small business using a family trust and owning their business premises.

    By working closely with the client’s financial advisors, we were able to have the client: