Category Archives: Property Law

Commonwealth Bank of Australia v Tallents [2014] WASC 218

ON 24 JUNE 2014, Supreme Court of WA delivered Commonwealth Bank of Australia v Tallents [2014] WASC 218 (24 June 2014).

http://www.austlii.edu.au/au/cases/wa/WASC/2014/218.html

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Sydney, Australia

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Mareva Compania Naviera SA v International Bulkcarriers SA (“The Mareva”) [1980] 1 All ER 213 | 23 June 1975

ON 23 JUNE 1975, the English Court of Appeal delivered Mareva Compania Naviera SA v International Bulkcarriers SA
(“The Mareva”)
[1980] 1 All ER 213.

http://www.uniset.ca/other/cs4/19801AER213.html

The court introduced the asset freezing Mareva injunction by ordering that the defendant be restrained from removing its assets from it’s jurisdiction pending trial.

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Sydney, Australia

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Magna Carta | 15 June 1215

ON 15 JUNE 1215, King James executed the Magna Carta at Runnymede. King James agreed to this document which limited the power of the Crown and granted the barons and citizens certain individual rights, freedoms, liberties and protections. The document laid the constitutional foundations for government under the rule of law.

http://bailii.austlii.edu.au/uk/legis/num_act/1215/magna__carta.html

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NSW Trustee and Guardian v Ralph Stern [2014] NSWSC 808

ON 28 MAY 2014, the Supreme Court of NSW delivered NSW Trustee and Guardian v Ralph Stern [2014] NSWSC 808 (28 May 2014).

http://www.austlii.edu.au/au/cases/nsw/NSWSC/2014/808.html

Justice Hammerschlag delivered a judgment providing opinion, advice or direction under s63(1) of the Trustee Act 1925 with respect to trusts established by orders of Justice Ward on 7 May 2010 concerning Carol Judy Jennifer Sekers and others.

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Sydney, Australia

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New swimming pool laws

ON 29 OCTOBER 2012, new swimming pool laws were introduced with the amendment of the Swimming Pools Act 1992 (NSW) by the Swimming Pools Amendment Act 2012 No 77 (NSW).

The Swimming Pools Act 1992 (NSW) contains a range of measures to restrict access to private swimming pools in the interests of public safety.

Under the new measures, it is compulsory from 29 APRIL 2014 that:

    • Private swimming pools be registered on the Online Swimming Pools Register by 19 November 2013.
    • Certificates of compliance be included in contracts for sale or lease of land before a property can be sold or leased.
    • Councils every 3 years conduct mandatory periodic inspections of pools connected with tourist, visitor accommodation and multiple occupancy premises.

In addition to freehold and leasehold, the laws apply to strata schemes, community schemes and Crown leases.

For further information, go to http://www.swimmingpoolregister.nsw.gov.au/.

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Sydney, Australia

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State of Western Australia v Brown & Ors [2014] HCA 8

ON 12 MARCH 2014, the High Court of Australia delivered State of Western Australia v Brown & Ors [2014] HCA 8. Native title rights and interests asserted by the Ngarla People of the Pilbara were not extinguished by mineral leases because the leases did not exclude any and everyone from access to the land.

http://www.austlii.edu.au/au/cases/cth/HCA/2014/8.html

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Real Property Amendment (Electronic Conveyancing) Act 2014 No 7

ON 12 MARCH 2014, the NSW Parliament enacted the Real Property Amendment (Electronic Conveyancing) Act 2014 No 7.

The Act amends the Real Property Act 1900 (NSW) so as to facilitate a national scheme of electronically settling real property transactions and the electronic lodgement and registration of land transactions under the Electronic Transactions National Law (NSW).

The Act commenced on 12 March 2014.

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2012 | JT International SA v Commonwealth of Australia

ON 5 OCTOBER 2012, the High Court of Australia delivered JT International SA v Commonwealth of Australia [2012] HCA 43 (5 October 2012).

http://www.austlii.edu.au/au/cases/cth/HCA/2012/43.html

Lawyer
Peter O’Grady
BA, LLB, Grad Cert Leg Prac, Acc Spec Lawyer

Officeworks Superstores Pty Ltd re Officeworks Agreement 2012

Officeworks Superstores Pty Ltd re Officeworks Agreement 2012 [2012] FWAA 4358 (21 May 2012)

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Personal Property Securities Act 2009 (Cth)

ON 15 DECEMBER 2009, the Personal Property Securities Act 2009 commenced.

http://www.austlii.edu.au/au/legis/cth/consol_act/ppsa2009356

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