SUBDIVISIONS WITH A STING AVOID THE PITFALLS AND KEEP UP TO DATE A presentation for the Australian Institute of Conveyancers ( Vic Division) On 25 June.

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Presentation transcript:

SUBDIVISIONS WITH A STING AVOID THE PITFALLS AND KEEP UP TO DATE A presentation for the Australian Institute of Conveyancers ( Vic Division) On 25 June 2011 BY SIMON LIBBIS SUBDIVISION LAWYERS 0488 LIBBIS

SUBDIVISIONS WITH A STING Simon Libbis Program for Today Understanding Plans of Subdivision Common Property and Owners Corporations Conveyancing Aspects Recent Cases Proposed Legislative Changes Too Hard Basket with Joan Lentini

SUBDIVISIONS WITH A STING Simon Libbis Understanding Plans of Subdivision Stages Depth Limitations Easements Restrictions Boundaries

SUBDIVISIONS WITH A STING Simon Libbis Common Property & Owners Corpor ation (OC) Identifying Common Property Membership of OC Multiple OC’s Limited OC’s Lot Entitlement/Liability OC Rules Insurance

SUBDIVISIONS WITH A STING Simon Libbis Conveyancing Aspects Contractual Issues Disclosure Obligations OC Certificate Insurance Deposits GST

SUBDIVISIONS WITH A STING Simon Libbis Recent Cases Etna v. Arif (1999) V Conv R Everest Project Developments Pty Ltd v. Mendoza [2008] VSC 366 Clifford v. Solid Investments Australia Pty Ltd [2009] VSC 223 Joseph Street Pty Ltd v. Tan [2010] VSC 586 Nicolacapoulos v. Khoury [2010] VCC 1576

SUBDIVISIONS WITH A STING Simon Libbis Proposed Legislative Changes Sale of Land Act – Consumer Affairs Legislation Amendment (Reform) Act 2010 Planning and Environment Amendment (Growth Areas Infrastructure Contributions) Bill 2011

SUBDIVISIONS WITH A STING Simon Libbis Notice to Purchaser

SUBDIVISIONS WITH A STING AVOID THE PITFALLS AND KEEP UP TO DATE A presentation for the Australian Institute of Conveyancers ( Vic Division) On 25 June 2011 BY SIMON LIBBIS SUBDIVISION LAWYERS 0488 LIBBIS