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.

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.

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 […]

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 […]

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 […]

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.

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 […]

Further to the post below, it appears to be possible to obtain leave of the Court to issue a fresh warrant: see Perpetual Ltd v Field [2010] VSC 445. This prevents the need for a new proceeding.  However, it appears that a court appearance is still required (see paragraph [11] of the judgment above). Thanks to […]

I have recently been told that the Sheriff views a warrant for possession as capable of being exercised only once, after which the warrant goes stale. This is probably correct in principal because any continuing trespass is broken by the Sheriff giving possession to the land owner, and a new cause of action accrues against […]

  [ED – the decision in this case has been overturned by the Court of Appeal – see subsequent post here.] Her Honour Davies J in the Victorian Supreme Court has ruled that the liquidator appointed to a land owning company cannot use the disclaimer power under the Corporations Act to disclaim leases over that […]