HELD LAWYERS

Est.1991

Property & Commercial Law

Law Matters

December 2012 Newsletter

Welcome
With the year 2012 drawing rapidly to a close, we take the opportunity to send you seasons
greetings and wish you a safe and prosperous 2013.
Our Malvern and Carlton Offices will be closed from Christmas Eve until Tuesday 8 January
2013. If you or your clients require legal assistance during that time, we will be regularly
monitoring telephone, SMS and e-mail and will respond.
We are happy to visit you in 2013 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.
See you next year!
Adam Held
Principal

Off-the-plan sale notices contract of sale

(update)
Section 9AA of the Sale of Land Act 1962 (Vic) deals
with deposits. Proposed amendments to Section 9AA
for off-the-plan contracts of sale took effect from
1 December 2012.
The wording for the conspicuous notices suggested
by the LPLC and Law Institute of Victoria and which is
apparently acceptable to Consumer Affairs Victoria is:
IMPORTANT NOTICE TO PURCHASERS OF OFF THE
PLAN PROPERTIES
a. The Purchaser may negotiate with the Vendor about
the amount of the deposit moneys payable under
the Contract, up to ten per cent (10%) of the
Purchase Price;
b. A substantial period of time may elapse between
the day on which the Purchaser signs the Contract
of Sale and the day on which the Purchaser
becomes the registered proprietor of the lot; and
c. The value of the lot may change between the day

on which the Purchaser signs the Contract of Sale

and the day on which the Purchaser becomes the
registered proprietor of the lot.
(This information is provided to the Purchaser under
Section 9AA(1A) of the Sale of Land Act 1962)
Contrary to previous information, failure to place the
notices will not give the buyer the right to rescind the
contract under Section 9AE that right of rescission
will not apply to Section 9AA(1A).
(source: LPLC Bulletin, November 2012)

Changes to Land Tax legislation

From 5 December 2012, a number of Land Tax Act
changes have come into force. These include:
changes to the Principal Place of Residence (PPR)
exemption means
now applies to contiguous land (adjoins or is
adjacent to a persons PPR) which may also be
exempt, where that land enhances a persons
primary home and is used solely for their private

Malvern Office

Carlton Office

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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

benefit and enjoyment e.g. swimming pool, tennis

court or garden, but not a separate residence
now applies to land used and occupied as
the PPR of a beneficiary of a trust, where the
beneficiary has a present vested interest in the
trust land
where a separate residence on PPR land
is subject to a residential lease, land tax is
apportioned and only assessed on that portion
subject to the lease
new PPR exemption for individuals that lose the
ability to live independently and have to move out of
their home
limiting the circumstances in which the
Commissioner of State Revenue can recover
unpaid land tax from a lessee or occupier of land
that is unrelated to the land owner.

and the proposed tenant must receive the above

copies at least
seven (7) days before a new lease is entered into
twenty-one (21) days before the end of the
current lease term for a lease renewed by option
fourteen (14) days after an agreement to renew
for a lease renewed by agreement

Incorporated Associations Victoria

On 26 November 2012, the Associations Incorporation
Reform Act 2012 replaced the Associations Incorporation
Act 1981. Under the new Act:
existing associations are deemed incorporated
under the new Act
the secretary takes over public officer
responsibilities

(source, in part: SRO General Information Bulletin Gen

2/12, Dec 2012)

existing rules continue to apply for a 12 month

transitional period, subject to certain
requirements / limitations

Christmas / New Year Leave

there is a new 3 tier annual reporting structure,

based on revenue

Many businesses close down over the Christmas / New

Year period. Can employers force employees to take paid
annual or unpaid leave in such circumstances?
For employees covered by the federal Fair Work Act
2009 (Cth), for the Christmas / New Year period:

office holders duties & liabilities are modelled on

those under the Corporations Act 2011 (Cth)
Areas of practice
Property Law including conveyancing and leasing

if covered by an award or enterprise agreement,

employers should check if they can direct such
employees to take leave

Commercial and Business Law

if not covered by award/agreement, employers can

reasonably require employees to take paid annual
leave, but not unpaid leave (subject to contract)

Wills and Estates Law

For employees not covered by the federal Fair Work Act

2009 (Cth), consideration will need to be given to the
specific circumstances.

Changes to Retail Leases legislation

From 21 November 2012, changes to retail leases
legislation include:

Banking and Finance Law including mortgages

and guarantees
Intellectual and Industrial Property Law
Litigation
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.

a lessor will no longer be obliged to notify the Small

Business Commissioner (SBC) of details of a
lease/renewal within fourteen (14) days after the
lease/renewal is signed by all parties
clarification that any person who offers or advertises
premises for lease must provide, as soon as
negotiations are entered into, a copy of the
lease
SBC prescribed Information Brochure (a new
version has been released)

Disclaimer
This publication is intended to provide a general outline. 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.
Liability limited by a scheme approved under Professional Standards Legislation

ABN: 55 568 546 729