Held Lawyers: Law Matters

HELD LAWYERS
Est.1991
Property & Commercial Law
Law Matters
August 2014 Newsletter
Welcome
In this months bulletin, we examine: changes to Vendors Section 32 Statements (again);
landlords passing on repair costs to tenants; and proposed changes to Victorian succession
laws.
If there are topics you would like us to look into, please let us know.
Each bulletin touches on a broad range of topics in an easy to read, practical way. We aim to
give you a brief, but better understanding of current issues as they arise, and food for thought!
We are happy to visit you in 2014 and provide staff or client briefings about a range of topics
or matters of interest to you. Please feel free to contact us in that regard.
We hope to see you (again) soon in person.
Adam Held
Principal
Vendors Section 32 Statements new

disclosure requirements 1 October 2014
In last months Newsletter we discussed the new
disclosure requirements for Vendors Section 32
Statements, which come into effect from 1 October
2014.
The Sale of Land Amendment Act repeals the existing
section 32 and re-enacts the majority of its disclosure
requirements, including new:
Section 32 a vendor is obliged to give to a purchaser
a vendors statement before the purchaser signs the
contract. There is no requirement that a statement is
included in a contract of sale.
Section 32A (financial matters) disclosure of any
mortgage not to be discharged, any existing charge,
details of outgoings and additional terms contract
information;
Section 32B (insurance details) building insurance
(if risk passes to the purchaser) and owner-builder
insurance;
Section 32C (land use) easements and planning
information, including any planning overlays;
Section 32D (notices) notices made in respect of
the land that directly and currently affect the land;

Section 32E (building permits) building permits
issued within the last 7 years, if the property includes
a residence;
Section 32F (owners corporation) owners corporation
particulars, either by owners corporation certificate or
by the owner directly. No certificate is required if the
OC is inactive;
Section 32G (GAIC) growth area infrastructure
information;
Section 32H (non-connected services) only required
to disclose services not connected at the date of sale;
Section 32I (evidence of title) copy of title and plan;
Section 32J (documentation) no proof is required by
way of supporting documentation except for title;
Section 32K purchaser can rescind the contract if
the vendor provides false or inadequate information;
Section 33 vendors of residential property or their
estate agents must provide a due diligence checklist
designed to alert a prospective purchaser to various
consumer protection issues (the checklist will be
published on the Consumer Affairs Victoria website).
Malvern Office
Carlton Office
Postal Address
Contact Details
Level 1, 180-182
Glenferrie Rd
MalvernVIC3144
(corner Winter St)
Melway59C8
113 Cardigan St
CarltonVIC3053
Melway2BF10
P.O. Box 467

Malvern VIC 3144
W: www.heldlawyers.com
T: 03 9509 0710
M: 0407 548 632
F: 03 9500 0805
E: info@heldlawyers.com
Transitional provisions (new Section 52) provide that:

pre 1 October 2014 (old) Vendors Section 32
Statements prepared for and signed by the Vendor
before 1 October 2014 can continue to be used for land
that was put on sale pre 1 October 2014;
the Vendor can amend or update such old Vendors
Section 32 Statements post 1 October 2014;
old Vendors Section 32 Statements cannot be used if
the land is withdrawn from sale and then offered again
for sale post 1 October 2014.
Please contact us if you require our assistance with any
of these matters.
(source, in part: LIJ article by Russell Cocks)
Landlord obligations under the Building Act

who pays 2
In our August 2012 Newsletter we discussed the
uncertainty as to who bears cost of work required to be
done by landlords under the Building Act 1993 (Vic.)
(Act).
The Victorian Small Business Commissioner is using
recently acquired powers to seek clarification from VCAT
as to whether a landlord or tenant should pay the costs of
complying with Essential Safety Measures in commercial
premises.
Amendments to the Small Business Commissioner Act
2003 which came into effect on 1 May 2014 enable the
Victorian Small Business Commissioner (VSBC) to apply
to VCAT for an Advisory Opinion on matters for which the
VSBC has responsibility, where in the public interest to do
so.
On the 15 May 2014 the VSBC made an application to
VCAT for an Advisory Opinion on the question of whether
a landlord of commercial premises could require as part
of a commercial lease a business tenant to meet the
landlords obligations for Essential Safety Measures
under the Building Act 1993, or to pass on the costs
of complying with those obligations to the tenant as
outgoings.
and tenant obligations for repairs and maintenance, in

retail premises.
(source: Victorian Small Business Commissioner website)
Will they or wont they?

In a recent news release, the Law Institute of Victoria
says proposed changes will cut some adult children out
of parents estates - allow testators to avoid parental
responsibility.
The Law Institute of Victoria says proposed changes to
succession laws are the harshest in Australia and will
stop some adult children from challenging their parents
wills, going far beyond what the Victorian Law Reform
Commission recommended.
The Bill introduces a requirement for many people who
make a family provision claim to be wholly or partially
dependent on the deceased for their maintenance and
support at the time of the deceaseds death.
The LIV argues that the change will unduly limit eligible
claimants, disadvantage claims with merit and create
injustice. The Bill retrospectively affects rights unless
proceedings are commenced before the new provisions
are proclaimed. Many wills are not up to date, and may
not accurately reflect the testators current intentions or
the state of family affairs at the time of the will makers
death.
The Bill returns to Parliament on Wednesday 3
September for debate.
(source: LIV website)
Referrals
Should you require non-legal assistance with various
matters, we are happy to provide you with contact details for
a range of service providers, including financial institutions,
accountants, real estate agents, brokers, etc.
Areas of practice
Property Law including conveyancing and leasing
Commercial and Business Law
Regulations 1202 and 1213 of the Building Regulations

2006 define essential safety measures to include a
wide range of safety related provisions including air
conditioning systems, emergency lifts, fire detectors, fire
extinguishers and standby power supply systems.
Banking and Finance Law including mortgages

and guarantees
The Retail Leases Act 2003 places obligations on a

landlord in regard to the repair and maintenance of the
premises, and also enables a landlord to pass on various
costs to a tenant as outgoings.
Litigation
The Advisory Opinion also seeks clarification of the

relationship between these two Acts in regard to landlord
Wills and Estates Law

Intellectual and Industrial Property Law
If you would like further details or assistance or to discuss
information contained in this publication or generally,
please do not hesitate to contact us. For copies of
this and other publications, visit our website at www.
heldlawyers.com.
Disclaimer
This publication is intended to provide commentary and general information only. It should not be relied upon as legal advice. It is not intended to be a complete
or definitive statement of the law on the subject matter covered. Further professional advice should be sought before any action is taken in relation to the matters
described in this publication. Persons listed may not be admitted in all jurisdictions.
Liability limited by a scheme approved under Professional Standards Legislation
ABN: 55 568 546 729

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HELD LAWYERS

Property & Commercial Law

August 2014 Newsletter

Vendors Section 32 Statements new

the land that directly and currently affect the land;

P.O. Box 467

Transitional provisions (new Section 52) provide that:

Landlord obligations under the Building Act

and tenant obligations for repairs and maintenance, in

Will they or wont they?

Regulations 1202 and 1213 of the Building Regulations

Banking and Finance Law including mortgages

The Retail Leases Act 2003 places obligations on a

The Advisory Opinion also seeks clarification of the

Wills and Estates Law

ABN: 55 568 546 729

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