Statue & Legislation

Question 1

What are the key acts that people can make claims under and the specific clauses if any?

Answer 1

1) CCLA 2017 - P2,Sp1 for beneficaries that are sufficiently designated // P2,Sp2 for mistakes // S35 Misrepresentation .. S36 // Cancellation
2) FTA 1986 - S9 - general claims for mislead/decep conduct of peoples in-trade / s12a = unsub. rep /// s14 = mislead/dec in land disp - criminal - high burden of proof /
3) Tort of Negligence - NO STATUE but can make claims
4) CGA 1993 - sometimes

Question 2

What are the provisions in the Unit Titles Act to be concerned about and what are the three statements they create? Explain the nature and timing of each statement?

Answer 2

• S146 – Pre-contract disclosure statement [mand. , no specific consequences]
• S147 – Pre-settlement disclosure statement [mand. 5 work. days prior to settlement –> late settle or cancel right otherwise]
• S148 – Additional disclosure statement [non-mand. ,
• S210 – Minority Relief [voting, not majority, suffered harm]
• S140 — developer owner claw back

Question 3

What are the key clauses in the PLA 2007

Answer 3

• S24(1) - Dispositions, in writing, signed by the person i is enforced against — Holmes v Australisian Holdings Ltd had an exception here due to the intention factor expressed in the words “hit us with a contract”
• S119 - mortgagees, without given consent, are not bound by leases
• S227 – Landlord’s should not reasonably withhold assignment consent
• S245&246 —— Rent Arrears Breachs (245) and Other breaches (246) – 10 con-current working days notice and remedy period and reasonable time period for other breaches – careful ddue to invalid otherwise

Question 4

What are the most key clauses in the REAA 2008

Answer 4

• S72 – For defining unsatisfactory conduct
• S73 – For defining misconduct [disgraceful]
• S18 – Bond handling and bond
• S123 – Stakeholder period
• S122 – Legally-entitled person
• S126 - No agency agreement, no commission
• S127 - approved guide
• S130 – 5PM NWD Cooling Off PEriod
• S131 — 90 days+ AA give mutual cancellation right after the 90 days have elapsed.

Question 5

What are the specific clauses in the Fair Trading Act 1986 that have been introduced to allow contracting out? Explain

Answer 5

• 5C - Allows if imposing a higher-standard and/or reducing the trader’s rights
• 5D - Only if BOTH parties are in-trade, it has been agreed to AND is Fair & Reasonable –//Courts will look to context of bargaining power, value, subject etc. when judging this

Question 6

Is there a FTA 1986 Clause governing auctions?

Answer 6

Yes - S36 — Vendor bids, offer timing , vendor withdrawls etc

Question 7

What are the most important clauses in an ADLS SPA?

Answer 7

• C2 - Deposit Payable Timing - Imm. Upon Execution

- C8 - Unit Titles Timing - Clean break etc

Question 8

What are the key things the Land Transfer Act 2017 establishes about Mortgages and how they effect titles and acts as prevention for wronfully lodging caveats

Answer 8

• Mort, are charges, not interests on land

- Non-just caveats lodged will result potentiallly in a claim for damages