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ABOUT THE BOOK
Victorian Edition:
The book follows an alphabetical approach, from A for adjustments to W for wills
Topics:
ADJUSTMENTS
BREACH OF CONTRACT
CAVEAT
CONTRACT
CO-OWNERS
COVENANT
DEPOSIT
EASEMENTS
FOREIGN INVESTMENT
GUARANTEE
LEASE TENANCY
MEASUREMENTS
MORTGAGE
NOTICES
POWER OF ATTORNEY
RESCISSION & REPUDIATION
SETTLEMENT
STAMP DUTY
TRADE PRACTICES
WARRANTS |
ADVERSE POSSESSION
BUILDERS LIABILITY
CHATTELS & FIXTURES
COOLING OFF
CORPORATIONS
DETERIORATION & INSURANCE
DEFECTS
ESTATE AGENT
GST
INSOLVENCY
LEASE RETAIL
MERGER
MORTGAGEE SALE
OWNER-BUILDERS
PRIORITY
SALE OF BUSINESS
SOLICITOR
SUBDIVISION
VENDOR STATEMENT
WILLS & ESTATES |
The book is designed to provide easy-to-find, short, sharp answers to common questions that arise in day to day conveyancing practice. For instance, if the question was whether a registered proprietor can lodge a caveat, reference is made to CAVEATS:
8. CAVEAT BY REGISTERED PROPRIETOR
The Titles Office takes the view that the owner’s title is adequately protected by registration as registered proprietor, but will accept a caveat by the registered proprietor in two cases:
• where the owner does not have control of the duplicate title, for instance if the duplicate title has been lost,
• where the owner has grounds to suspect the possibility of fraud, for instance where one of two joint proprietors has control of the duplicate and there is a fear of fraud.
In both cases the estate or interest claimed is “an estate in fee simple as registered proprietor” and the grounds of claim are “as a proprietor who does not control the certificate of title for the prevention of improper dealing”.
LIJ. 1996 Feb. 60
compare however Swanston Mortgage P/L v Trepan Investments P/L [1994] 1 VR 672
doubted in Vasiliou v Westpac [2004] VSC 208
see also 1995 ALJ 935
Commonwealth Bank v Kryiackou (2003) VConvR 54-673
or if the question is which party is liable to pay the rates for the day of settlement, reference is made to ADJUSTMENTS:
7. SETTLEMENT DAY
The vendor is liable to pay the rates, and is entitled to receive the rent, for settlement day.
(1984) LIJ Dec 1396
New South Wales Edition:
It is divided into four sections:
- Pre-Contract
- During Contract
- End Contract
- General
These sections contain the following topics:
- ADJUSTMENTS
- ADVERSE POSSESSION
- BREACH OF CONTRACT
- CAVEAT
- CHATTELS & FIXTURES
- CONTRACT
- COOLING OFF
- CO-OWNERS
- CORPORATIONS
- COVENANT
- DEFECTS
- DEPOSIT
- DETERIORATION & INSURANCE
- EASEMENTS
- ESTATE AGENT
- FOREIGN INVESTMENT
- GST
- HOME BUILDER’S LIABILITY
- INSOLVENCY
- MERGER
- MISDESCRIPTION & MEASUREMENTS
- MORTGAGEE SALE
- NOTICES
- PRIORITY
- RETAIL LEASE
- REQUISITIONS
- SETTLEMENT
- STAMP DUTY
- STRATA MANAGEMENT
- SUBDIVISION & TITLE
- TERMINATION & RESCISSION
- TRADE PRACTICES
- VENDOR DUTY
- WRITS
The book is designed to provide easy-to-find, short, sharp answers to common questions that arise in day to day conveyancing practice. For instance, if the question was whether a registered proprietor can lodge a caveat, reference is made to CAVEATS:
7. CAVEAT BY REGISTERED PROPRIETOR
A registered proprietor who has lost the certificate of title and fears an improper dealing may lodge a caveat.
s.74F(2) RPA
or if the question is which party is liable to pay the rates for the day of settlement, reference is made to ADJUSTMENTS:
5. ADJUSTMENT DAY
The vendor is liable to pay the rates, and is entitled to receive the rent, for the adjustment date.
SFC 14.1
If the purchaser takes possession of the property before completion, rates are to be adjusted upon giving of possession. Unless an occupation fee or rent is agreed, none is payable.
SFC 18.7
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