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How does a court determine whether the negotiations for a lease have ceased and agreement has been reached?

October 18, 2012

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My friend and colleague Bill Stark has just posted on his blog a useful summary of the New South Wales Court of Appeal’s decision in BBB Constructions Pty Ltd v Aldi Foods Pty Ltd [2012] NSWCA 224. In that case, the developer unsuccessfully sued Aldi for damages after Aldi withdrew from lease negotiations.  Executed leases had not […]

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More on the Willmott decision – disclaimer of a contract of sale of land?

October 11, 2012

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For those interested in the Court of Appeal’s recent decision in the Willmott case, the decision was referred to recently by Beach J in the Victorian Supreme Court decision of Grant v Harlgate Pty Ltd & Anor [2012] VSC 464 (9 October 2012). The decision is also relevant to conveyancing lawyers faced with an insolvent […]

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More on disclaimer of a lease – part 2

September 7, 2012

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  For those following the debate about the Court of Appeal’s decision about the disclaimer of leases in the Willmott decision, here is another summary and comment on the decision by King & Wood Mallesons.

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The Mortgagee’s Power Sale 3rd edition out soon

September 7, 2012

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The third edition of Mortgagee’s Power of Sale will be released soon, written by Clyde Croft J and Robert Hay. Earlier editions of the book have been an invaluable resource for mortgage practitioners, and I am sure that the new edition will only enhance the title’s reputation. For more details, see Robert’s post here.

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More on disclaimer of a lease

September 5, 2012

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For those who are interested in the debate following my previous post on the Willmott decision, my friend and colleague Carrie Rome-Sievers has put an excellent summary of the case on her blog here.

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Disclaimer of a lease by the landlord’s liquidator – part 2

September 3, 2012

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The Court of Appeal last week ruled that a liquidator appointed to a land owning company could use the disclaimer power in s 568 of the Corporations Act to extinguish leases granted by that company. This decision may have significant consequences for tenants and their financiers if their landlords are placed into liquidation. The case […]

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Recovery of the cost of essential safety measures and s 251 of the Building Act part II

July 12, 2012

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I recently wrote a short note, available here, in relation to an issue that has emerged about the operation of s 251 of the Building Act on the landlord’s ability to recover certain outgoings. Robert Hay has added another post to his blog on this topic that further advances the debate, available here. Unfortunately, I […]

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Recovery of the cost of essential safety measures and s 251 of the Building Act

June 5, 2012

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A recent journal article has suggested that landlords cannot recover as an outgoing the cost of complying with essential safety measures under the Building Act. Essential safety measures overlap with a significant number of repair and maintenance costs that may otherwise be recoverable by a landlord under the terms of a lease. This has lead […]

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Article in thenewlawyer.com.au about uniform national Torrens System legislation

March 23, 2012

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The website thenewlawyer.com.au has today published an article titled ‘Lawyers call for national property laws‘. The article discusses a draft Uniform Torrens Title Act prepared by the renowned property law academic Professor Peter Butt. Any readers who are interested in the article can find a copy here.

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Michael Redfern

March 5, 2012

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Robert Hay just added the following post to his blog: Michael Redfern died last Thursday night. Many readers will know Michael either personally or as one of Australia’s leading property lawyers. Michael had been ill for a number of years. Michael was a fine lawyer, a gentlemen, a mentor to many, generous and kind.  Any person who knew Michael could not help but like […]

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