What are the key acts that people can make claims under and the specific clauses if any?
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
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?
- 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
What are the key clauses in the PLA 2007
- 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
What are the most key clauses in the REAA 2008
- 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.
What are the specific clauses in the Fair Trading Act 1986 that have been introduced to allow contracting out? Explain
- 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
Is there a FTA 1986 Clause governing auctions?
Yes - S36 — Vendor bids, offer timing , vendor withdrawls etc
What are the most important clauses in an ADLS SPA?
- C2 - Deposit Payable Timing - Imm. Upon Execution
- C8 - Unit Titles Timing - Clean break etc
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
- Mort, are charges, not interests on land
- Non-just caveats lodged will result potentiallly in a claim for damages
