Recent Developments: Selling off the Plan (A Warning for Developers); Retirement Villages Act Amendments; Adverse Possession
MetadataShow full item record
Property lawyers in Western Australia have been busy keeping up-to-date with several new and interesting cases and some timely amendments to legislation. A recent decision of the Western Australian Court of Appeal has clarified a perplexing and long-uncertain issue involving s 13 of the Sale of Land Act 1970 (WA) and the validity of “off the plan” contracts when properties are sold prior to the developer becoming registered proprietor. In addition, the Supreme Court has considered a novel case about adverse possession where a plaintiff had acquired a mature possessory title which had not been converted to a registered title before the transfer to a Crown agency. The case is interesting as it considered the operation of both the 1935 and 2005 Limitation Acts and their respective operation in such circumstances. Finally, after much discussion and debate, Western Australia’s retirement village legislation has been amended, with further amendments proposed. These legislative changes are not a “magic bullet” but do provide a greater degree of transparency and go some way towards rebalancing rights between residents and village operators.
This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039. legal.thomsonreuters.com.au
Showing items related by title, author, creator and subject.
Decay of enteric microorganisms in biosolids-amended soil under wheat (Triticum aestivum) cultivationSchwarz, Karen; Sidhu, J.; Pritchard, Deborah; Li, Y.; Toze, S. (2014)There is a growing need for better assessment of health risks associated with land-applied biosolids. This study investigated in-situ decay of seeded human adenovirus (HAdV), Salmonella enterica, Escherichia coli, and ...
Schwarz, Karen Rosemary (2012)A research project was undertaken to study the effect of biosolids on the decay times of enteric pathogens in the soil. This is the most comprehensive study in Australia where the persistence of enteric microorganisms in ...
Application of phytotoxicity data to a new Australian soil quality guideline framework for biosolids.Heemsbergen, D.; Warne, M.; Broos, K; Bell, M.; Nash, D.; McLaughlin, M.; Whatmuff, M.; Barry, G.; Pritchard, Deborah; Penney, N. (2009)To protect terrestrial ecosystems and humans from contaminants many countries and jurisdictions have developed soil quality guidelines (SQGs). This study proposes a new framework to derive SQGs and guidelines for amended ...