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Australian Property Law Bulletin (newsletter)
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Volume 32 No 10 — December 2017
Heads of agreement — binding or otherwise?
Rixon v Horseshoe Pastoral Co Pty Ltd — equitable easement as an exception to indefeasibility
Damages for a downpour: McElwaine v Owners – Strata Plan 75975
Rescission and re-entry into a contract for the sale of land: void for illegality by virtue of stamp duty legislation?
Volume 32 No 9 — November 2017
Caltex Australia Petroleum Pty Ltd v Agtan Pty Ltd
Damages for loss of a commercial opportunity
Brannigan v Smith
Park and sail: construction of an easement for use of third-party facilities in connection with the use of marina berths
ACN 151 368 124 v Pro-Pac Packaging (Aust) Pty Ltd
Volume 32 No 8 — October 2017
South Australian retail lease legislation review
Settlement notice or priority notice — what’s in a name?
MSD Securities Pty Ltd v MFB Properties (NQ) Pty Ltd (No 2)
Taste of Tuscany Restaurant Pty Ltd v Papantoniou — the risk of taking a risk
Aboriginal objects under the National Parks and Wildlife Act 1974 (NSW) — is their presence on land a defect in title?
Volume 32 No 7 — September 2017
Woolworths Ltd v About Life Pty Ltd
Be careful what information you pass on during negotiations — you may not be able to rely on a disclaimer
Diakou Nominees Pty Ltd v Gouger Street Pty Ltd — the principle (or lack) of legal certainty
When an agreement is no agreement at all: Nurisvan Investment Ltd v Anyoption Holdings Ltd
Rushcutters Bay Developments Pty Ltd v Dragon Asset Investment Pty Ltd (No 2)
Volume 32 No 6 — August 2017
IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd
Gap in contract terms not remedied by duty to cooperate — Simcevski v Dixon
Masonic Homes Ltd v Oppedisano and Platinum Property Retirement Pty Ltd: contract uncertainty and limits to the role of the surveyor
Best endeavours obligations in an off-the-plan contract of sale according to Hera Project Pty Ltd v Bisognin (No 3)
Do different time considerations apply to the payment of deposits by cheque versus electronic transfer?
Volume 32 No 5 — June 2017
Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd and Pallas Bride and Fashion Pty Ltd v Evans
Extinguishment of easements pursuant to s 89 of the Conveyancing Act 1919 (NSW): Denshire v Newcastle City Council
Back to the future — recovery of land tax by lessors barred (again) in Queensland
Do registered mortgagees need a vesting order to sell disclaimed property? — to escheat or not to escheat
Volume 32 No 4 — May 2017
United Petroleum v Bonnie View Petroleum Pty Ltd (In Liq) — assessment of damage and loss not limited by failure to perform bargain of contract
Tax update for property buyers
Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd (No 4)
Statutory notice to remedy breach of covenant held invalid
Volume 32 No 3 — April 2017
An (estate) agent by any other name — Lo v Russell and amendments to s 31 of the Sale of Land Act 1962 (Vic)
Chamberlain Early Learning Centre Pty Ltd v Precious 1 Pty Ltd as trustee for 4 Chamberlain Holdings Family Trust
Hit the road Jack, there’s no contract!
Implied obligations and the importance of clear drafting — White v Quest Rosehill Pty Ltd
Apartment sales “off the plan”
Volume 32 No 2 — March 2017
Damages for lessor’s breach of repair covenant
Power Rental Op Co Australia, LLC v Forge Group Power Pty Ltd (in liq) (recs and mgrs apptd)
Western Australian Planning Commission v Southregal Pty Ltd; Western Australian Planning Commission v Leith
Newspaper wars: REA Group Ltd v Fairfax Media Ltd
Volume 32 No 1 — February 2017
Upside Property Group Pty Ltd v Tekin
Tighe v Pike — is a development condition binding on a subsequent owner?
Options, ambiguity and standard form contracts: JLF Corp Pty Ltd v Matos
Recent changes to retirement village legislation in South Australia
Laldy Pty Ltd v Archer — the extent of the tenant’s claim for compensation in the event of a (proposed) demolition of retail premises
Bisognin v Hera Project Pty Ltd
Bound to be sold — a cautionary tale of pre-contract agreements: Verrocchi v Messinis
Volume 31 No 10 — December 2016
Kazacos v Shuangling International Development Pty Ltd
Strzelecki Holdings Pty Ltd v Jorgensen
Fuentes v Bondi Beachside Pty Ltd — the essentials
Amendments to the Sale of Land Act 1970 (WA)
Ainsworth v Albrecht — when is it reasonable to alter common property rights?
Volume 31 No 9 — November 2016
Different possible forms of lessor’s consent cause lessee confusion
Segal v Osborne: fixtures or chattels? Damage to property or just plain rubbish?
Dwyer and Varga v Berry
Don’t forget to add GST! The high cost of a (un)common mistake
Taj on Swan in the Federal Court
The pitfalls of deposit bonds and bank guarantees
Volume 31 No 8 — October 2016
Pre-contractual representations: commercial uncertainty follows in equity’s wake
Alignment of the retail leasing legislation between Queensland, New South Wales and Victoria
Pozetu Pty Ltd v Alexander James Pty Ltd
State surcharges on foreign purchases of residential land
Volume 31 No 7 — September 2016
Taluja v Shree Shirdi Sai Sansthan Sydney Ltd
On the road again: Anderson v City of Stonnington
Agreement for lease or invitation to negotiate?
Eureka Operations Pty Ltd v Viva Energy Australia Ltd — what would a reasonable businessperson understand a contract to mean?
Did a contractual arrangement between former partners lead to an interest in land?
Volume 31 No 6 — August 2016
Avoiding the void: when will a deposit be void as a penalty?
Unreasonably withholding consent to the making of improvements
Statutory compensation under s 140 of the Transfer of Land Act 1893 — Binning As Administratrix of the Estate of Cowan v Avsar
Swan v Uecker
Volume 31 No 5 — July 2016
Servcorp WA Pty Ltd v Perron Investments Pty Ltd
The construction of an easement: keeping to the spirit of the grant
Victoria leads the way — Owners Corporations Act reforms to address short-stay accommodation issues
How do you exercise an option when the legislative requirements and the standard contract change before the option expiry date?
Doueihi v Construction Technologies Australia Pty Ltd
Volume 31 No 4 — June 2016
International Palace Pty Ltd v Novaheat Pty Ltd
Nelmeer Ashfield Pty Ltd v Farah
Termination of lease: default, repudiation and notice requirements in Wash Investments Pty Ltd v SCK Properties Pty Ltd
A practical guide to the foreign resident capital gains withholding measure
Volume 31 No 3 — May 2016
Pyrmont Point Pty Ltd v Westacott
Linfield Developments Pty Ltd v Shuangxing Development Pty Ltd — “contracts are meant to be observed”
Statutory easements in Queensland: a wide road over land, worth two in the bush?
Albrecht v Ainsworth
The futility of enforcing covenants to trade in retail leases
Purchasers beware: loss of a chance to bid at auction not an attributable loss recoverable under s 74P Real Property Act 1900 (NSW)
Volume 31 No 2 — April 2016
Representations regarding the comparative value of an “off the plan” apartment: issues of proof and reliance
North East Solution Pty Ltd v Masters Home Improvement Australia Pty Ltd
Rights of preemption: lessons for grantors from Mayfair Property Holdings Pty Ltd v Southland Packers Pty Ltd
Deconstructing the new FIRB regime: new requirements and obligations under the Foreign Acquisitions and Takeovers Act 2015
Du Buisson Perrine v Chan
Volume 31 No 1 — March 2016
Electronic signatures — no guarantee
ATB Morton Pty Ltd v Sentinel Property Group Pty Ltd1
Strata titles reform for WA — a welcome development
Changes to verification of identity requirements for execution of Real Property Act dealings in SA
Has the sun set on the reign of developers? The Conveyancing Amendment (Sunset Clauses) Act 2015 and the decision in Jobema Developments Pty Ltd v Zhu
Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015: the extension of unfair contract terms provisions to small business
Abandonment or not? A lessor’s perennial dilemma
Volume 30 No 10 — January 2016
Don’t blame it on the sunset: reasonable endeavours and rights to rescind “off the plan” sale contracts
Versus (Aus) Pty Ltd v ANH Nominees Pty Ltd
Rubbish held not to be an impediment to the enjoyment of land — vacant possession upon completion of a contract and the factual context
High Court prospects a duffer: Mount Bruce Mining v Wright Prospecting
Landlord’s consent to assignment does not necessitate a binding agreement to be reached in Chamberlain Group Pty Ltd v Kids for Life Academy Pty Ltd
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