- Laura Vickers wrote an article
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- Laura Vickers wrote an article
- Laura Vickers published an article
- Laura Vickers wrote an article
- Laura Vickers published an article
- Laura Vickers wrote an article
- Laura Vickers published an article
- Laura Vickers wrote an article
- Laura Vickers published an article
- Laura Vickers published an article on Nest Legal
- Laura Vickers published an article on Nest Legal
- Laura Vickers published an article on Nest Legal
- Laura Vickers published an article on Nest Legal
- Laura Vickers published an article on Nest Legal
- Laura Vickers published an article on Nest Legal
- Laura Vickers published an article on Nest Legal
Should I wait until my separation or divorce is finalised before up...
Sometimes I get emails from people who are separating from their partners asking for a referral to a family lawyer. They normally end the email by noting that once all the family law stuff is sorted, they’ll get back in touch about updating their Will. To...
Should you do a pre-purchase building/pest inspection?
There are two types of pre-purchase inspection – building and pest. You can do either or both or none.A building inspection looks at the building, inside and out, and notes any issues from major structural faults to minor defects, maintenance issues and safety hazards. Outside, it may includ...
Should you do a pre-purchase building/pest inspection?
There are two types of pre-purchase inspection – building and pest. You can do either or both or none.A building inspection looks at the building, inside and out, and notes any issues from major structural faults to minor defects, maintenance issues and safety hazards. Outside, it may includ...
The risks of DIY Wills
You know need a Will. Should you do it yourself using a legal kit or should you ask a lawyer to draft it?There are two main risks with DIY Wills. First, there’s a high chance you will sign it incorrectly. Each State in Australia has specific legislation about the signing and witnessing of ...
The risks of DIY Wills
You know need a Will. Should you do it yourself using a legal kit or should you ask a lawyer to draft it?There are two main risks with DIY Wills. First, there’s a high chance you will sign it incorrectly. Each State in Australia has specific legislation about the signing and witnessing of ...
What is a section 27 and should I sign it? The quick guide to early...
When you buy property, there is a constant stream of paperwork, many referred to by unhelpful names like a “Section 27”. Clients are sometimes confused as to why this document exists or whether they should sign, so here’s a quick rundown. The deposit...
What is a section 27 and should I sign it? The quick guide to early...
When you buy property, there is a constant stream of paperwork, many referred to by unhelpful names like a “Section 27”. Clients are sometimes confused as to why this document exists or whether they should sign, so here’s a quick rundown. The deposit...
Why every parent needs a Will
A Will is something every parent should have, regardless of your age, wealth or financial assets. But the thought of making a Will makes most parents squirm and change the subject. No one wants to talk about death, especially the possibility of dying before o...
Why every parent needs a Will
A Will is something every parent should have, regardless of your age, wealth or financial assets. But the thought of making a Will makes most parents squirm and change the subject. No one wants to talk about death, especially the possibility of dying before o...
Why I hate off the plan apartments
I’ll come out and say it: my heart sinks every time a client comes to me with an off the plan contract to review. Why?First, I like it when my clients are happy at the end of our involvement together. And once off the plan apartments are FINALLY finished (usually way over the estimated timefram...
Laura Vickers
answered a question
Can minor have a will?
A Will of an unmarried minor will not be valid unless approved by a court in accordance with s 20 of the Wills Act 1997 (Vic). An application would need to be made to the Supreme Court and the Court would need to be satisfied that your daughter understands the proposed Will and it is reasonable that it be made.
Laura Vickers
answered a question
Can a copy of certificate be given at settlement or does it need to be the original?
If the property has a paper Certificate of Title, the original needs to be provided at settlement. If you or your bank don't have this, you will need to organise a replacement. For more info about doing this, go here:http://www.dtpli.vic.gov.au/property-and-land-titles/land-titles/dealing-with-titles/lost-or-destroyed-titles
To find out whether a property has a paper or electronic certificate of title, you will need a register search statement. You can order these from Landata or ask your lawyer to do this search for you. For more information about electronic certificates of title, go here:http://www.dtpli.vic.gov.au/__data/assets/word_doc/0005/218885/Revised-Guide-to-attending-a-paper-settlement-when-the-CT-is-electronic.doc
Laura Vickers
answered a question
Zoning mistake in sale of land
The vendor's statement must disclose the name of the planning scheme, the zoning of the land and the name of any planning overlay affecting the land. It is then the purchaser's responsibility to find out what this is permitted under this zoning.
That said, you may have an action against the real estate agent or vendor under consumer law if there was an express representation in the marketing material that the land could be used as a dwelling. You may also be able to make a complaint against the lawyer/conveyancer who failed to advise you of the consequences of the property's zoning. The availability of both these remedies will turn on your specific circumstances.
You should also confirm with the Council that no existing use rights exist over the property. In some instances, existing uses of land can continue, despite their prohibition in the planning scheme.
Laura Vickers
answered a question
Loud and abusive neighbours
You can. To give your complaint the best chance of success, keep a diary of when and how long the particular noise occurs and present this to the Council with your complaint.
There are various statutes giving Councils the power to take
action against noisy neighbours.
The Public Health and
Wellbeing Act 2008 (Vic) applies to any nuisances that are, or may be,
dangerous to health, including any noise that is or is liable to be dangerous
to health or noxious, annoying or injurious to personal comfort. If the council
is satisfied that a nuisance exists, it can issue an improvement or prohibition
notice on the person causing the nuisance. If the notice is not complied with,
the council may take them to court.
The Council could also make a direction under s 48A of the Environmental Protection Act 1970, which
makes it an offence for a person to cause or allow unreasonable noise to be
emitted from residential premises. Also,
the Environment Protection (Residential Noise) Regulations 2008 (Vic) prohibit
the use of a range of items during specified hours. They include the use of
motor vehicles, lawn mowers, power tools, domestic air conditioners, record
players and musical instruments.
The Council may also be able to take action under its own
local laws.
If you aren’t satisfied with the attempts made by the Council
to resolve the complaint, you could take your own court action. However, if a
court considers your complaint to be frivolous, it may order you to pay your
neighbour’s legal costs.
Laura Vickers
answered a question
Mortgage brokers or lending institutions
Try both if you are unsure - ask your bank what's the best deal they could do for the particular purchase you have in mind, then meet with a broker to see if they can beat that offer. Meeting with a broker won't cost you anything as they are paid by the lender that you ultimately decide to go with (if any). A broker may also come up with different ways to structure your loan that may protect your interests better in the long run (eg part fixed and part variable). Whichever option you go with, make sure you check that the documents you ultimately receive from the lender match the numbers that you discussed in the initial meeting.
What is a testamentary guardian, and why do I need one for my child?
A testamentary guardian is an adult designated in a parent’s Will to care for that person’s child in case both parents die before the child turns 18.While the thought might make you shudder, you need to write a Will and choose a guardian so the courts don't do it for you should the worst should h...
Why you should make a Will after purchasing property
There are so many good reasons to have a current Will. But it is particularly important to have one if you own real estate.Here are two reasons.1. If you own property on your own or as tenants in commonOnce you die, it will be necessary to transfer your property to someone else (for tax a...
The importance of the final inspection
When purchasing property, under general condition 22, you (or a person nominated by you) have the right to inspect your property-to-be at any reasonable time during the week before and including settlement day.It’s not compulsory but it is a good idea to do a final inspection as close as possible...
Kids from another relationship? Why blended families need Wills
Ok, granted, this topic brings together two things we don’t really like to think about: the competing responsibilities toward spouses and children from past and current relationships, and the possibility we might die. However, if you do find yourself in a blended family (basically, any family wher...
Buying off the plan - are the stamp duty savings worth it?
‘Off the plan’ is the term used to describe the purchase of land that may not yet exist as separate blocks and may not yet be built. In principle, it’s a great opportunity that offers many advantages over buying an existing property. However, if not done right, there can be hidden costs and hassl...
Should I get a lawyer to look at a real estate contract before sign...
It is always preferable to prevent problems, rather than try to fix them after the event. That is why Nest Legal offers two free contract reviews for potential purchasers. We much prefer preventing problems than delivering bad news once it is all too late!Here are some examples of problems that...
Laura Vickers
answered a question
House zoning
You can order a free planning report from here:http://services.land.vic.gov.au/landchannel/jsp/reports/ReportsIntro.jsp
NB: this free report won't include any proposed rezonings - for these, you'll need to order a certificate from Landata here:https://www.landata.vic.gov.au/
If you then want to find out more about the zones and overlays that your house is subject to, go here http://planningschemes.dpcd.vic.gov.au/, choose which planning scheme, then scroll down to the relevant zone/overlay. If the planning report mentions a schedule, you can also find that here - it just means there may be additional requirements under the overlay that your particular property must abide by.