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Victoria’s real estate industry thrown into chaos after Court denies estate agent’s right to receive commission – Floodgates open for claims by vendors/developers seeking to recover commission paid

A recent decision of the Victorian Court of Appeal in Advisory Services Pty Ltd (trading as Ray White St. Albans) v Augustin & Anor [2018] VSCA 95 (Advisory Services) is sure to strike fear in the heart of estate agents, particularly those acting for developers. The decision of Vi
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What is “Protection Work” under the Building Act 1993 (Vic)?

For the uninitiated, being served with a Form 3 “Protection Work Notice” can be confusing. We have endeavoured to provide a short explanation of what “Protection work” actually is, and the process involved. Building Permit If a building permit is required, then
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Variations to the plan of subdivision – Are you jeopardising your presales?

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Securing presales is a critical aspect of any property development project – but that’s only half the battle. The trick is making sure they settle. Long construction lead times and project delays mean settlement may not occur until up to several years after a purchaser signs a c
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Managing Settlement Risk

Ted Vlahos, Director at Pointon Partners, writes about managing settlement risk in high-volume, off-the-plan transactions in the current property development market. This article was recently published on page 6 in Marshall White’s newsletter. MW Project Market Newsletter_E10_V9
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Vendor claims back $3 million in sales commission due to agent’s failure to disclose – The cost of not complying with the Estate Agents Act.

On 31 July 2015, the County Court of Victoria handed down a judgment requiring a real estate agent to refund $3 million in commissions received due to its failure to strictly comply with its disclosure obligations contained in the Estate Agents Act 1980 (the Act). In the case of Cross
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Overhaul of Section 32 of the Sale of Land Act 1962 (Vic)

Is Your Vendor’s Statement Compliant? New laws came in to force on 1 October 2014, changing how and what vendors must disclose prior to the sale of property. The requirement for the Vendor to make disclosures to prospective purchasers stems from section 32 of the Sale of Land Act 1962
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PPSR Alert – New Zealand Case Creates Possible Defence for Guarantor if Supplier Failed to Register its Retention of Title Arrangement on PPSR

PPSR Alert – New Zealand case creates possible defence for guarantor if supplier failed to register its retention of title arrangement on PPSR Facts: In Haar v Eastland Tyres Ltd [2013] NZHC 692 an appeal was brought by a former director-shareholder (‘the Director’) of Gisborne
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Duties Act

Sweeping changes to the duties act set to significantly affect numerous transactions From 1 July 2012, Victoria’s land-rich regime was replaced by new landholder duty rules, which brought Victoria largely into line with all other Australian jurisdictions (except for Tasmania). The lan
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