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Property Law and Conveyancing Publications

Double Duty and Land Development

The Victorian Government can assess double duty on a transaction where the purchaser named in the contract of sale is different to the person to whom the property is ultimately transferred, unless an exemption applies. If a purchaser and the subsequent purchaser do...

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Withholding Tax on Real Estate

The Federal Government has introduced legislation that will significantly affect vendors of property valued at $750,000 or more. The aim of the legislation is to prevent foreign residents from avoiding Australian capital gains tax. When a foreign resident disposes of...

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Verification of Identity

From 9 November 2015, we must comply with new verification of identity requirements before any paper instruments or dealings can be lodged at Land Victoria for registration and before we can hand you any duplicate Certificates of Title that we hold for you. This...

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Are electronic signatures valid?

A contract of sale of land must be in writing and signed by the parties. These requirements were principally designed to reduce fraud as it prevents one party to the transaction claiming or denying that an enforceable contract exists. In the 350 or so years following...

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Fencing Laws in Victoria

The Fencing Act 1968 (Act) has been amended by the Fences Amendment Act 2014 (Amendment Act) which commenced on 22 September 2014. The Amendment Act aims to facilitate fairer dealings between neighbours over shared dividing fences and encourages resolution of fencing...

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Caveats

What is a caveat and how does it work? The word caveat derives from Latin and means ‘beware’. A caveat maybe lodged over the title to a property and acts as a warning to anyone who wants to deal with that property, that someone else’s claimed interest has priority....

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