find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Property lawyer - Melbourne
Category: Property Law | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Impressive client list, national firm · Well-led and high-performing team
View details
Senior family lawyer - Melbourne
Category: Family Law | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Outstanding national firm · High-calibre family law team
View details
Australian Property Law Bulletin - February 2008 (Vol 22 No 6)

Australian Property Law Bulletin - February 2008 (Vol 22 No 6)

In the February issue: Preparation of contracts by real estate agents in Queensland: a return to the past or the present revisited?By Prof Sharon Christensen, QUEENSLAND UNIVERSITY OF…

In the February issue:

Preparation of contracts by real estate agents in Queensland: a return to the past or the present revisited?


The Legal Profession Act 2007 (Qld), which commenced on 1 July 2007, altered the rules applying to the preparation of contracts by real estate agents and other licensees under the Property Agents and Motor Dealers Act 2000 (Qld). Subsequently, the government altered the provisions dealing with real estate agents through the Legal Profession (Transitional) Amendment Regulation (No 1) 2007 (Qld). This article examines the question of whether it makes any substantial change to the 2007 Act concerning the right of an agent to prepare contracts.

Oral leases and agreements to lease: the ADT sidelines the Statute of Frauds

By Robert Riddell and Daniel Fitzpatrick, GADENS

Can a binding agreement for the lease of a retail shop premises be concluded by word of mouth alone? If there is no written agreement, is part performance (such as the occupation of the premises or payment of rent) needed at all? The Administrative Decisions Tribunal's decision in Perhauz sidelined the Statute of Frauds by enforcing a wholly oral agreement to lease where there had been no part performance. The recent decision in Thai Star has cemented the Tribunal's view that the Retail Leases Act overrides conflicting provisions of the Conveyancing Act.

Transfer of mortgage does not transfer collateral obligations


The recent High Court decision of Queensland Premier Mines v French raises a very important practical issue concerning the efficacy of assigned mortgages where they secure debts owed under a separate loan agreement. The crux of the case concerned the interpretation of s 62 of the Land Title Act 1994 (Qld), and its practical consequences are most noteworthy.

Are poker machine entitlements tradeable during the currency of the lease?

By Jodie Masson and Esther Ku, MIDDLETONS

The right to deal with the property rights inherent in poker machine entitlements, including the right of disposal, may be affected by contractual rights, including rights granted under a lease. In Boreland v Docker, a dispute arose between a tenant and a landlord when the landlord claimed the beneficial ownership in poker machine entitlements associated with leased premises, and wanted to precent the tenant from transferring its entitlements during the term of the lease.

Reactivation of rights of first refusal

By Jodie Masson and Farid Fanaian, MIDDLETONS

In Octra Nominees Pty Ltd v Chipper, a tenant argued before the full Federal Court that, although it had rejected an offer to purchase under a right of first refusal, it was entitled to a second offer based on varied terms, since the owner had made a variation to the contract for sale it had entered into with a third-party purchaser. This article discusses the implications of the case.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Australian Property Law Bulletin - February 2008 (Vol 22 No 6)
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Aug 23 2017
NT Law Society sounds alarm on mandatory sentencing
The Law Society Northern Territory has issued a warning over mandatory sentencing, saying it hasn’...
Aug 22 2017
Professionals unite in support of marriage equality
The presidents of representative bodies for solicitors, barristers and doctors in NSW have come toge...
Aug 21 2017
Is your firm on the right track for gig economy gains?
Promoted by Crowd & Co. The way we do business, where we work, how we engage with workers, ev...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...