Cases

real property; equity - Land donee goes away empty-handed

The intended donee of an interest in land possessed both an executed transfer and the property's certificate of title, but still the gift failed.

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• Published: Monday 7 May 2012
• Category: Cases
• Keywords: certificate of title, Corin v Patton [1990] HCA 12, enduring power of attorney, equity, gifts, Public Trustee of Queensland, real property, registration, Torrens title, transfer

real property - Court gives green light to adverse possession claim

The Queensland Supreme Court has held that an adverse possession claim for land held under a pastoral lease is maintainable as a matter of law.

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• Published: Monday 7 May 2012
• Category: Cases
• Keywords: adverse possession, Crown land, Land Act 1962 (Qld), leases, Limitation of Actions Act 1974 (Qld), limitation period, pastoral leases, possession, real property, s 13, s 14(1), s 24, s 373(1), s 5(1), s 5(5), Wik Peoples v Queensland [1996] HCA 40

real property - No escape from single-dwelling covenant

A couple's bid to discharge or modify a single-dwelling covenant affecting their property has failed in the Victorian Supreme Court.

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• Published: Monday 7 May 2012
• Category: Cases
• Keywords: discharge or modification, impede the reasonable user, neighbourhood, obsolete, practical benefits, Property Law Act 1958 (Vic), Prowse v Johnstone & Ors [2012] VSC 4, Re Stani, real property, Restrictive covenants, s 84(1), single-dwelling covenant, Stanhill Pty Ltd v Jackson [2005] VSC 165, subdivision, substantially injure, Supreme Court of Victoria, Vrakas v Register of Titles [2008] VSC 281

contracts - HR company restrains wayward executive

A HR services company has successfully invoked a restraint-of-trade covenant to stop a former executive joining a competing business.

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• Published: Wednesday 11 Apr 2012
• Category: Cases
• Keywords: 'similar to or competitive with', Commonwealth Constitution, contracts, covenant, employee, Fair Work Act 2009 (Cth), Federal Court of Australia, HR, HRX Holdings Pty Ltd v Pearson [2012] FCA 161, public policy, reasonable, restraint of trade, Restraints of Trade Act 1976 (NSW), s 109, s 26(1), s 27(1)(c), s 4(1), void

real property; contracts - Off the plan, off the rails

The Queensland Court of Appeal has ruled against the vendor of several off-the-plan apartment units, finding that the vendor not only repudiated the contracts but also disposed of real estate with the intention of defrauding the purchasers.

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• Published: Tuesday 10 Apr 2012
• Category: Cases
• Keywords: 'off the plan' purchases, community title scheme, contracts, contracts of sale, do all things reasonably necessary, Property Law Act 1974 (Qld), real property, repudiation, s 228, voluntary alienations to defraud creditors

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Legislation

trusts; taxation - New tax breaks for special disability trusts

New laws granting capital gains tax exemptions for special disability trusts have now commenced—with retrospective effect.

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• Published: Friday 9 Dec 2011
• Category: Legislation
• Keywords: beneficiaries, capital gains tax, CGT, Income Tax Assessment Act 1997 (Cth), main residence exemption, principal beneficiary, SDTs, Social Security Act 1991 (Cth), special disability trusts, Tax Laws Amendment (2011 Measures No. 7) Act 2011 (Cth), taxation, trusts, Veterans' Entitlements Act 1986 (Cth)

Business law - Business names registration to go national

A package of Acts and regulations to create a new, national system for the registration of business names has passed into law and awaits commencement.

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• Published: Thursday 1 Dec 2011
• Category: Legislation
• Keywords: business names, Business Names Registration Act 2011 (Cth), Business Names Registration Regulations 2011 (Cth), registration

taxation - First-home buyers to lose duty exemptions

From 1 January 2012, most first-home buyers in NSW will no longer get a duty exemption or concession.

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• Published: Tuesday 20 Sep 2011
• Category: Legislation
• Keywords: concessions, duties, Duties Act 1997 (NSW), Duties Amendment (First Home—New Home) Act 2011 (NSW), exemptions, First Home Plus, First Home-New Home, first-home buyers, real property, taxation

competition and consumer law - Creeping acquisitions and unconscionable conduct: new Bill

A Bill to amend the mergers and acquisitions provisions, and also the unconscionable conduct provisions, of the Competition and Consumer Act 2010 (Cth) has passed the House of Representatives and is now due to be debated in the Senate.

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• Published: Thursday 18 Aug 2011
• Category: Legislation
• Keywords: Australian Consumer Law, Competition and Consumer Act 2010 (Cth), competition and consumer law, Competition and Consumer Legislation Amendment Act 2011 (Cth), contracts, creeping acquisitions, mergers and acquisitions, Part 2-2, s 21, s 22, s 50, unconscionable conduct

real property - New RPA witness certificate rules

From 1 November 2011, witnesses to the execution of Torrens title dealings, primary applications and caveats in New South Wales will have to satisfy more stringent criteria, including carrying out more thorough identity-checks on the person signing the instrument.

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• Published: Monday 11 Jul 2011
• Category: Legislation
• Keywords: conveyancing, identity checks, real property, Real Property Act 1900 (NSW), Real Property Amendment Regulation 2011 (NSW), Real Property and Conveyancing Legislation Amendment Act 2009 (NSW), Torrens title, witness certificates

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