Browsing All Posts filed under »Property Law«

Mortgagee’s Possession Orders Under the Residential Tenancies Act (Vic) 1997– Ways to Stuff Up an Application!

June 25, 2011

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When a mortgagee obtains judgement against a debtor, one impediment to  making a sale and recouping the debt might be that the property is occupied  by a third party – a tenant. The Residential Tenancies Act (Vic) 1997 ('the Act')  provides a mechanism for a mortgagee* to obtain vacant possession: a  possession order under s325. […]

Hearse v Staunton [2011] NSWCA 139: A warning to conveyancing solicitors: ‘amending’ a contract is not so simple.

June 9, 2011

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A recent decision of the New South Wales Court of Appeal in Hearse v Staunton serves as a warning that contracts of sale of real estate cannot so simply be amended.  The facts of the case are that a contract for sale for the property had initially been prepared showing the wife as the purchaser. […]