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Posted on 4 Aug 2014Mortgages – Power of Sale
A mortgage creates a security interest in land in favour of the mortgagee (lending institution e.g. Commonwealth Bank of Australia, Westpac Banking Corporation and National Australia Bank). The mortgagee does not become the owner…
Posted on 4 Jul 2014What is a Terms Contract or Vendor’s Finance?
Definition of a Terms Contract A contract of sale can be a terms contract on either of two bases: If the purchaser is obliged by the contract to make two or more payments after…
Posted on 4 Jul 2014Pros and Cons of Buying Off the Plan
What does it mean to buy “off the plan”? Buying off the plan means that you are buying a lot on an unregistered plan of subdivision. For example, a landowner may own a large…
Posted on 4 Jul 2014Owner Builder Obligations under the Sale of Land Act 1932
Pursuant to the Sale of Land Act 1962 (Vic), a vendor is required to disclose in the vendor’s statement whether any building permits have been issued for the property in the last 7 years. Where a…
Posted on 4 Jul 2014Amendments to Section 32 of the Sale of Land Act
The Sale of Land Amendment Act 2014 (Vic) (Amendment Act) will amend the Sale of Land Act 1962 (Vic) (SLA). The purpose of the Amendment Act is to re-enact, reform and modernise the provisions relating to statements made…
Posted on 4 Jul 2014Wills and Superannuation
A common misconception arises when people make Wills assuming that their superannuation forms part of their estate and can be gifted in their Will. This is not the case. Superannuation funds and benefits now…
Posted on 4 Jul 2014VCAT Amendment Act 2014
The Victorian Civil and Administrative Tribunal Act has been recently amended and has now come into effect. Significant changes in particular are made with respect to the role of expert witnesses in VCAT matters….
Posted on 4 Jul 2014Independent Contractors v Employees
It is often a complex question to determine whether an individual undertaking services or work is doing so as an “independent contractor” or whether, in truth, the individual is an “employee” of the organisation…
Posted on 4 Jul 2014Bullying in the Workplace
Fair Work Act 2009 was amended in 2013 to provide the Fair Work Commission with broad powers to make orders to prevent workplace bullying. Workplace Bullying Bullying, whether in the school yard or at work,…
Posted on 4 Jul 2014Supplying Goods and Services on Credit
Business proprietors often agree to trade with their clients and customers where “credit terms” are the norm. Businesses in so doing need to ensure that their documentation is adequate. Terms of Trade When contracting…