The document is the full set of presenter notes and slide content for the Leo Cussen Centre for Law’s Property Law Intensive CPD session held on 9 March 2023. It is authored by four practitioners – David McKenzie, Todd Allen, Rob Bradley and Bao Ngo – and covers a breadth of contemporary property‑law issues relevant to Victorian practitioners. The material is organised into three main sessions: (1) legislative and case‑law updates, focusing on VCAT jurisdictional shifts (Burns v Corbett, Citta Hobart, Thurin, Vaughan), stamp‑duty changes, adverse‑possession evidentiary burdens, and new pool/spa certification requirements; (2) off‑the‑plan purchases, analysing the statutory test of “materially affect” under s 9AC of the Sale of Land Act, with detailed discussion of Burger v Longboat and related cases, contract special conditions, and remedies; (3) joint ownership and co‑ownership disputes, outlining joint tenancy vs tenants‑in‑common, co‑ownership agreements, VCAT powers, tax and stamp‑duty implications, and procedural considerations. The document also surveys electronic conveyancing, the move to electronic titles, and interoperability challenges of multiple ELNOs, proposing an enterprise‑bus model. Throughout, practical guidance, checklists and practitioner‑focused take‑aways are provided. The content reflects the presenters’ expertise, recent case law, statutory developments, and practical risk‑mitigation strategies for property lawyers.
Topics
VCAT Jurisdictional Realignment: Post‑Burns v Corbett Landscape
Analysis of recent High Court and VCAT decisions (Burns v Corbett, Citta Hobart, Thurin, Vaughan) that limit VCAT’s ability to hear matters involving constitutional or federal issues, and the statutory patches enabling transfer to the Magistrates’ Court.
Electronic Conveyancing Interoperability: Enterprise‑Bus Model Proposal
Discussion of the current ELNO monopoly (PEXA), technical scaling problems of n² API connections, and a recommended enterprise‑bus architecture to enable multiple ELNOs and reporting bodies to interoperate securely and cost‑effectively.
Transition to Electronic Land Titles: Risks and Practitioner Prep
Overview of Land Registry’s plan to phase out paper titles, distinction between recorded and registered transactions, and practical steps for lawyers to manage the shift, including control retrieval and client advice.
Off‑the‑Plan Materiality under s 9AC: Burger v Longboat and Subsequent Authority
Detailed examination of what constitutes a “materially affect” amendment to a plan of subdivision, the objective test, case examples (Burger v Longboat, Harris v K7, Ausgrand v Freeland‑Small), and the range of remedies available to purchasers.
Co‑Ownership Agreements and VCAT Dispute Resolution Framework
Breakdown of joint tenancy vs tenants‑in‑common, essential clauses for co‑ownership agreements (contributions, exit strategy, recording), VCAT’s statutory powers (s 225‑233), and factors the Tribunal weighs when ordering sale, division, or compensation.
Stamp Duty Developments: Late‑Settlement Interest and FHOG Implications
Summary of the Melton Highway decision that penalty interest forms part of dutiable consideration, the interim SRO regime, and how the change affects first‑home‑owner grants, concessions and exemptions.
Adverse Possession Evidentiary Burden Increase
Explanation of the legislative amendment raising the standard of proof for adverse possession claims, with practical advice on evidential requirements for practitioners.
Domestic Pool and Spa Safety Scheme: Certification, Registration and Transactional Impact
Outline of the 2019 Victorian safety regime, registration and inspection obligations, and the effect on property sales where compliance is pending.