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Key developments

  • Repeal of the Land Sales Act 1964
  • Crowd-sourced equity funding
  • Social Security Legislation Amendment (Debit Card Trial) Bill 2015
  • Workers compensation – Cram Fluid Power Pty Ltd v Green
  • Bail Act amendments

Repeal of the Land Sales Act 1964

The Property Law Committee made a short submission to Land and Property Information opposing the repeal of the Land Sales Act 1964. This Act broadly prohibits certain instalment contracts, unless those contracts satisfy the requirements prescribed by the Act.

The Committee agreed with Land and Property Information that the intent of the Act, when introduced, was to protect purchasers under instalment contracts who would be exposed to significant risk if the developer became bankrupt and the land was sold prior to payment of the final instalment.

In the Committee’s view, the fact that instalments contracts are rare may be regarded as evidence that the legislation is fulfilling its purpose and should not be repealed. The Committee also submitted that the Act still has a role to play in providing consumer protection, particularly in times of economic downturn.

The Committee suggested that, instead of repealing the Act, it could be reviewed and its operative provisions consolidated into the Conveyancing Act 1919. The Committee offered to provide more detailed feedback in relation to such a review of the Act, should that occur.

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