In the media
NSW
Developers to offer design collaboration with community through 'urban pinboard'
When developers plan new housing projects in the future, they might go directly to locals to explain their schemes, and show sketches of what they'll look like, to receive community feedback before going anywhere near council (29 April 2016). More...
Queensland
Strata reform low-hanging fruit for Qld economy
The Property Council of Australia has called on the Queensland Government to follow the lead of NSW and Western Australia by reforming body corporate legislation to unlock latent potential in the state's economy. Under Queensland's Body Corporate and Community Management Act 1997, the unanimous consent of all the lot holders in a community title scheme is required to terminate a scheme and allow the site to be sold for redevelopment (04 May 2016). More...
In practice and courts
Registrar of Titles directions for the preparation of plans updated
The Registrar of Titles directions for the preparation of plans were updated on 27 April 2016. A list of updates is available online
Land title practice manual
From 1 May 2016, the Land Title Practice Manual will outline new requirements applicable to all instruments and documents executed and witnessed outside Australia, including all Titles Registry forms and powers of attorney which are lodged for registration. Read more about the changes in Titles Registry Alert Issue 125
Cases
Fuentes v Bondi Beachside Pty Ltd [2016] NSWSC 531
CONTRACT — Contract for the sale of land — Vendor's consent required prior to purchaser assigning, novating or otherwise disposing of its interest in the agreement or the property — Sub-sale contract entered into without vendor's consent — Vendor terminated contract for breach — Whether sub-sale a breach of contract – whether an essential breach – no evidence of vendor's suffering damage – purchaser entitled to order for specific performance – vendor entitled to nominal damages. More...
Sydney Developments Pty Limited v Perry Properties Pty Limited [2016] NSWSC 515
REAL PROPERTY – contracts for the sale of land – deposits – purchaser required to make two payments of ten per cent of purchase price as deposits – essential condition – purchaser fails to make second payment – vendor terminates contract and forfeits the first payment – whether condition a penalty – whether termination a wrongful repudiation – whether deposit should be repaid to purchaser. More...
Popescu v A & B Castle Pty Ltd [2016] VSC 175
REAL PROPERTY – Application to remove caveat – Whether estate or interest in land – Whether equitable charge created – Landscaping work – Unpaid debt – Romalpa clause regarding materials used – No serious question to be tried – Caveat disproportionate – Balance of convenience favours removal of caveat – Transfer of Land Act 1958 s 90(3). More...
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