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
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Legal Counsel
Category: Corporate and Commercial Law | Location: North Sydney NSW 2060
· 18 month fixed term contract · 3-5 years PQE with TMT exposure
View details
Australian Property Law Bulletin - March 2008 (Vol 22 No 7)

Australian Property Law Bulletin - March 2008 (Vol 22 No 7)

In the March issue: The dangers of developing contaminated land - what lies beneathSuzanne S Dickey, FINLAYSONSProperty developers and past polluters will find plenty to digest in the Victorian…

In the March issue:

The dangers of developing contaminated land - what lies beneath

Suzanne S Dickey, FINLAYSONS

Property developers and past polluters will find plenty to digest in the Victorian Supreme Court's comprehensive decision in Premier Building and Consulting v Spotless Group. For property developers, this case presents a cautionary tale. For polluters, the case presents the possibility that a corporation can be held liable for contamination caused by one of its deregistered subsidiaries, if the corporation made decisions involving the operations of that subsidiary during the time the pollution occurred.

Building and Construction Industry Security of Payment Bill 2007 (SA)


An overview of this prospective legislation, introduced into the SA Legislative Council in September 2007.

The clock is ticking on ‘pre-lease' misrepresentations

By Robert Riddell and Daniel Fitzpatrick, GADENS

The Appeal Panel of the Administrative Decisions Tribunal (ADT) has recently upheld an appeal against important aspects of the landmark decision in Armstrong Jones Management Pty Ltd v Saies Bond & Associates Pty Ltd. The Appeal Panel's decision significantly alters the retail lease litigation landscape, in many cases introducing a six-month limitation period on claims for compensation in respect of pre-lease misrepresentations.

Estoppel in the fact of statute and rights to terminate land contracts

By Prof W D Dunchan and Prof Sharon Christensen, QUEENSLAND UNIVERSITY OF TECHNOLOGY

The decision of Juniper v Roberts raises very interesting points concerning the ability of a buyer to be estopped from relying on breaches of the Property Agents and Motor Dealers Act 2000 (Qld) (the Act) by a seller. In SA, a similar question arose in Astill v South Esplanade Developments, where the Land and Business (Sale and Conveyancing) Act 1994 (SA) (the SA Act) provided for the seller to give a written statement in an approved form to the buyer. Both the relevant respective provisions of the Act and the SA Act are notably very prescriptive as to the requirements of a seller with respect to the entitlement of buyers entering residential contracts.

NSW Court of Appeal qualifies exceptions to indefeasibility of title: City of Canada Bay Council v Bonaccorso

By Jodie Masson, Chris Lyons and Rachel Carter, MIDDLETONS

This decision concerns two parcels of land owned by the Canada Bay Local City Council. Both the primary Judge and the Court of Appeal affirmed that the land concerned was classified as ‘community land'. This meant that the legitimacy of the transfer was potentially impeded by s 45(1) of the Local Government Act 1993 (NSW). This case reminds practitioners that courts will make efforts to uphold the primacy of the indefeasibility provisions of the Real Property Act 1900 (NSW) and that statutes will be construed as operating in tandem if it is at all possible. The decision also provides other important guidance in relation to the Real Property Act.

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 - March 2008 (Vol 22 No 7)
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
LCA president Fiona McLeod SC
Aug 17 2017
Where social fault lines meet the justice gap in Aus
After just returning from a tour of the Northern Territory, LCA president Fiona McLeod SC speaks wit...
Marriage equality flag
Aug 17 2017
ALHR backs High Court challenge to marriage equality postal vote
Australian Lawyers for Human Rights (ALHR) has voiced its support for a constitutional challenge to ...
Give advice
Aug 17 2017
A-G issues advice on judiciary’s public presence
Commonwealth Attorney-General George Brandis QC has offered his advice on the public presence of jud...
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 & ...