Like many other lawyers, we get enquires regarding Bank Mortgages and Guarantees and the paperwork a borrower or guarantor needs to be completed with a lawyer, sometimes called a Solicitor Certificate. A lot of clients ring up and say “we just need to sign this in front of a lawyer- that’s what the bank told us- so …
Contract Law

The following update has been released from the Australian Institute of Conveyancers Victoria (some notable deadlines have been underlined). It details information on the move to digital conveyancing or electronic conveyancing in Victoria. Transitioning to 100% Digital Conveyancing As we have been saying for a couple of years, electronic conveyancing through an ELNO will supercede paper …

You are not a bank but you decide to lend someone money….. There are a lot of families I see where they have lent a considerable amount of money to their adult working children with the expectation that it will be paid back, but there is nothing actual concrete to ensure it happens. The accountability …

PEXA is electronic conveyancing platform for use by conveyancers, lawyers, banks, purchasers and sellers of property. It replaces the traditional face to face conveyancing settlements. Apart from arranging settlements of purchases and sales, conveyancers and lawyers are now also able to lodge caveats using PEXA. The lodgement of the caveat is lodged directly on title in …

Recently changes were made to the law regarding identification requirements for entering into land transactions. These changes were designed to prevent fraud on titles and other financial transactions. This is especially important now that conveyancing can be done electronically. “Verification of Identity” is now required for any land transaction. If you’re buying, selling or transferring property, …

1. Lease Cost Determine the monthly cost of the leased premises by multiplying the square metres of the premises by the price per square metre and then divide this number by 12. The resulting figure is the monthly cost. Negotiate rent free periods or a discount on the annual cost to limit your costs. 2. Term …

A binding financial agreement or prenup as the casual term, is an written agreement between two parties setting out the assets, liabilities, property and other financial information of how it will be divided should there be a relationship breakdown. Binding financial agreements can be made before, during or after a marriage or de-facto relationship. Lets …

The law of business leases The primary legislation covering retail leasing in Victoria, and for most shops and businesses – is the Retail Leases Act 2003 Vic (the Act) and the Retail Leases Regulations 2003 Vic (the Regulations). The commencement date for the Act and Regulations was 1 May 2003. All current leases that are …

What is the legal meaning of a deposit? The purpose of the deposit for a purchase of land contract– is to show that the purchaser is serious in completing the transaction. The deposit is usually paid at the time that the contract is signed by the purchaser and is usually 10% of the purchase price …

What is an Occupancy Permit? An occupancy permit tells anyone interested in purchasing a newly built or renovated property that the property is suitable for occupation. Occupation of the home is not permitted until the certificate is issued: it is otherwise an offence. The occupancy permit is different from a Certificate of Final Inspection which …