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 […]

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 […]

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 […]

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. […]