PROPERTY LAW SERIES - 2012 THE SUBDIVISION REVIEW A presentation for the Law Institute of Victoria on 22 March 2012 BY SIMON LIBBIS SUBDIVISION LAWYERS.

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Presentation transcript:

PROPERTY LAW SERIES THE SUBDIVISION REVIEW A presentation for the Law Institute of Victoria on 22 March 2012 BY SIMON LIBBIS SUBDIVISION LAWYERS 0488 LIBBIS

SUBDIVISION REVIEW Simon Libbis Program for Tonight Recent Cases Legislative Changes Hot Spots owners corporation certificates boundaries re-subdivision insurance Off the plan sales vendor risks protecting purchasers Owners corporation rules Open Forum

SUBDIVISION REVIEW Simon Libbis Recent Cases 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

SUBDIVISION REVIEW Simon Libbis Legislative Changes Sale of Land Act 1962 Consumer Affairs Legislation Amendment (Reform) Act 2010 Consumer Acts Amendment Act 2011

SUBDIVISION REVIEW Simon Libbis Owners Corporation Certificates Non-functioning OC Multiple/limited OC’s Validity Compliance issues

SUBDIVISION REVIEW Simon Libbis Boundaries Locating land buildings airspace Common property

SUBDIVISION REVIEW Simon Libbis Re- subdivison Consents required owners corporation other owners mortgagees Staged NICO plans

SUBDIVISION REVIEW Simon Libbis Insurance Buildings on common property Lots on the plan Public liability Multi-level Multiple OC’s Mortgagee requirements Compliance issues

SUBDIVISION REVIEW Simon Libbis Off the plan – vendor risks Sale of Land Act Section 32 Sections 9AA, 9AB & 9AE Section 9AAA! Compliance issues Building legislation

SUBDIVISION REVIEW Simon Libbis Off the plan – protecting purchasers (and yourself) Explain in writing Explore escape routes Identify potential problems Cover your back Financial considerations

SUBDIVISION REVIEW Simon Libbis Owners Corporation Rules Drafting Obtaining resolution Lodging Validity Enforcement

PROPERTY LAW SERIES THE SUBDIVISION REVIEW A presentation for the Law Institute of Victoria on 22 March 2012 BY SIMON LIBBIS SUBDIVISION LAWYERS 0488 LIBBIS