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A warrant for possession can only be executed once – Part II

February 22, 2012

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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 […]

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A warrant for possession can only be executed once

February 22, 2012

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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 […]

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Disclaimer of a lease by the landlord’s liquidator does not extinguish the tenant’s property

February 9, 2012

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  [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 […]

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Summary judgment for possession easier under Civil Procedure Act 2010 (Vic) – Dattner v Wharton [2011] VSC 610

December 1, 2011

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A client of mine received summary judgment for possession in an interesting case today. The judgment suggests that it is harder for a rogue tenant to resist summary judgment for possession since the introduction of the Civil Procedure Act 2010 (Vic). In today’s case: the defendant had entered into a vendor’s terms contract; both the […]

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New Greens List website with useful resources

September 21, 2011

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Greens List (my clerk) has just launched a new website with resources that followers of this blog might be interested in. Michael Green had this to say about the new site: Especially valuable to solicitors is the library with over 90 papers in it, many of which can have been filmed and can be viewed. There is […]

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Adverse possession of disused laneways

September 16, 2011

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Solicitors with clients who possess old laneways should consider lodging caveats to protect their clients’ possessory title and making an adverse possession application to the Registrar or Titles as soon as possible. Under s 7B of the Limitation of Actions Act 1958 (Vic): 7B            No title by adverse possession against Councils  (1) Despite any rule […]

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Relief from forfeiture of a franchise agreement

September 7, 2011

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Many retail operators occupy their shops under a franchise agreement and outlet licence granted to them by the franchisor who holds a head lease of the property.   As it is usually associated with terminated leases, relief from forfeiture is often overlooked by both franchisors and franchisees when a franchise agreement and outlet licence are terminated. […]

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