Conveyancing
A complete matter-management solution allowing conveyancers and support staff to run a busy conveyancing practice. Each step in the transaction is set out in sequential order with easy access to all required precedents and a simple but comprehensive commentary. Includes the By Lawyers Contract of Sale of Land.
Commentary covers all issues that arise regularly and more complex issues that arise from time to time. The publication includes our reference manuals 1001 Conveyancing Answers, 101 Section 32 Answers and 101 Section 27 Answers.
Recent updates can be viewed at Obiter - News & Updates, via the link above.
Popular precedents include:
- Contract of sale of land – By Lawyers
- Letter to council with outstanding rates and notice of acquisition
- Letter to water authority with outstanding rates and notice of acquisition
- Initial letter to purchaser
- Letter to vendor's solicitor with adjustments
- Letter to vendor enclosing transfer and goods declaration
- Direction to pay to purchaser's solicitor
- Letter to purchaser after settlement
- General advice to purchaser
- Letter to discharging mortgagee requesting discharge
- Contract of Sale of Real Estate
Guides in this publication
MATTER PLAN
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“ Commentaries ”
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“ Generally2 Legal basis for adjustment3 ”
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“ Answers A collection of common practitioner enquiries in relation to release of deposit under s 27 Sale of Land Act Victoria ”
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“ Contents ”
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“ In the legal profession the term ‘costs’ refers to the fees and other expenses a solicitor charges a client for their professional services and other payments that arise out of the provision of legal services, including disbursements such as court fees. Costs are one of the most heavily regulated ... ”
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“ Nature of disclosure1 Timing of disclosure2 ”
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“ Costs disclosure is not required in relation to certain clients, described in the legislation as ‘sophisticated clients’ or ‘government or commercial clients’ as defined by the relevant legislation to include clients such as lawyers, law firms, public companies, liquidators and government entities. ... ”
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“ Cost agreements are not always required although clearly as between the practitioner and their client there will be disclosure but without the need for formal compliance with the regulation. The limits are: ”
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“ In NSW & VIC there is a standard costs disclosure for fees under $3,000 which is included in the precedents. If the total legal costs in a matter (excluding GST and disbursements) are not likely to exceed $3,000 (the higher threshold), a law practice may, instead of making a disclosure under ... ”
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“ Knowing that clients are disinclined to read, sign and return cost agreements, the letter sending them usually provides that unless heard to the contrary the practice will assume agreement. There will almost always be a later opportunity to have the agreement signed. Of course, many practitioners ... ”
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“ Costs are remuneration for professional work when acting in the capacity of a barrister or solicitor. Payments to a practitioner for work which is not professional work, are not costs. Disbursements are payments made, or liabilities incurred in the course of practice and which the practitioner is ... ”
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“ Firms are required to provide an estimate of the total of costs, excluding GST and disbursements, and information on the impact of any significant change to these costs. A law practice must take all reasonable steps to satisfy itself that the client has understood and consented to the proposed ... ”
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“ What is a disbursement Disbursements are payments made, or liabilities incurred in the course of practice, and which the practitioner is bound to pay whether put in funds by the client or not; or payments which, by established custom and practice of the profession, the practitioner is bound to pay. ... ”
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“ A lawyer may request money on account of fees be paid into a trust account before the commencement of work. This is particularly so in criminal and other court matters where the inclination to pay may wane with an unwanted outcome. The funds may cover legal fees as well as disbursements and the ... ”
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“ The costs agreement will set out the billing cycle. Commonly a regular monthly billing cycle is adopted covering work undertaken during the previous month. ”
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“ A lump sum invoice is one which sets out a recital describing the legal service provided and a total amount. An itemised invoice is one which sets out in detail each of the legal services provided, the date they were provided, and the cost for each service. An itemised invoice allows for an invoice ... ”
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“ A law practice cannot charge for the time spent in preparing an invoice. A law practice cannot charge for the time spent in preparing an itemised invoice for a client who has already received a lump sum invoice. ”
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“ All bills should be accompanied by a written statement setting out the avenues that are open to the client in the event of a dispute and any time limits that apply to the taking of such action. Under the uniform law in NSW and VIC each bill or covering letter must be signed by a principal of the ... ”
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“ In 1991 the Australian Competition and Consumer Commission released guidelines to assist businesses in the withdrawal on one and two cent pieces. In the purchase of goods or services for cash, businesses were advised to round the final payment: ”
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“ – When to charge and how to charge Goods and Services Tax (GST) is a broad-based tax of 10% applied to most goods and services, including legal services. Businesses are required to register for GST if their turnover exceeds the $75,000 threshold. If turnover is less than $75,000 than registration ... ”
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“ Reducing fees can create good will but needs to be handled with care as some take offence to the implication that they cannot afford to pay for the work they have retained. It is also a hard won reality that comes from experience that people are inclined not to value any advice given for free. ”
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“ Credit terms are quite common and need to be clearly documented and administered. ”
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“ Notification of rights is a requirement in all states and is found in all example invoice precedents. If the client has not been advised of their rights in a costs agreement, then practitioners must advise the client of their rights at the time of issuing the invoice. ”
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“ Monthly accounting for work in progress is recommended in order to achieve target lockup days. If debtors are not followed up promptly cash flow reduces making it imperative to adopt a debtor’s policy for effective debtor control. All overdue accounts must be followed up promptly and repeatedly. ”
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“ When a retainer is terminated before completion, a practitioner may claim costs for the work done to the date of termination on a quantum meruit basis if: The client terminates the entire retainer; ”
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“ When there are costs owing to the practitioner from the client, the lawyer may retain possession of the client’s documents which are legitimately in the practitioner’s possession. However, the Australian Solicitors’ Rules specify that when a practitioner claims to exercise a lien for unpaid legal ... ”
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“ If a practitioner has an equitable charge over the client’s property incorporated into the costs agreement, ordinarily the practitioner could exercise that power in seeking payment of costs. However, general charges such as a charge over ‘all my estate, rights, title and interest in and to any real ... ”
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“ Sound financial management is absolutely critical to the success of the law practice. There is a high correlation between practices with poor financial management and increased probability of experiencing professional negligence claims. The link is clear. Principals, who do not manage their ... ”
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“ Methods of payment include: Credit card; ”
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“ All By Lawyers cost agreements include the following authority to transfer money to pay their invoices: Trust money ”
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“ Lawcover recommends that practitioners use the costs assessment scheme to recover costs. Instituting proceedings against a disgruntled client who refuses to pay an outstanding bill exposes practitioners to the risk of a cross-claim in negligence being filed. The advantage of the cost assessment ... ”
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“ The following outline of costs assessment was written for NSW but the procedure is similar in the other states. This publication will be expanded to cover cost assessment in the other states in due course. In the interim refer to the relevant State Supreme Court. NSW Procedure ”
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“ A client may be entitled to complain to the Legal Services Commissioner about a costs dispute. If the complaint is made after the law practice or client has already applied for assessment of such costs, the assessment will ordinarily be stayed until the complaint has been determined. Similarly, if ... ”
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“ Land Use Victoria Lodging Book – Land Use Victoria ”
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“ Purchase of Real Property (VIC) 1001 Conveyancing Answers for Victoria ”
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“ Conveyancing is the process of transferring the legal ownership of land. It is not adversarial but must necessarily be investigative in nature. Once agreement is reached between the parties as to price and inclusions, it is for their legal practitioners to document and effect their agreement. ”
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“ Instructions are received in many different ways. If from an existing client or an agent for an existing client then it is likely you will not see the client until a sale eventuates. Once the sale is made and you see your client to go through the contract make sure that you go through the Retainer ... ”
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“ Taking good instructions When receiving instructions from the client, the use of the precedent Retainer Instructions – Sale of Real Property is a very useful risk management tool. It prevents overlooking important issues and records instructions which cannot be contradicted later. ”
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“ See the detailed commentary A brief explanation of the transition to E-conveyancing for information on transactions that must be completed electronically, transactions that can be completed electronically and the full timeline for implementation. See the PEXA Help Centre for detailed guidance on ... ”
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“ VOI ”
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“ The requirement for purchasers to withhold the GST and remit it to the commissioner on taxable supplies of certain real property under subdivision 14-E Schedule 1 of the Taxation Administration Act 1953 came into force on 1 July 2018. Subdivision 14-E applies to all contracts that settle after 1 ... ”
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“ The contract between a vendor and purchaser is the primary document setting out the obligations of the parties. It is an executory document, meaning that it establishes the rights and obligations of the parties to be performed over a period of time, culminating with payment by the purchaser of the ... ”
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“ By Lawyers introduced a new form of contract on 1 March 2018. This contract is specifically designed for residential conveyancing transactions and seeks to smooth some of the traditional roadblocks that arise in these transactions. Part 1 of the By Lawyers contract includes the section 32 ... ”
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“ Both contracts commence by setting out the essential agreement between the parties with the statement that the vendor agrees to sell and the purchaser agrees to buy the property, being the land and the goods, for the price and on the terms set out in this contract. The modern word ‘goods’ has been ... ”
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“ In both the LIV contract and the By Lawyers contract panels identifying the parties and their practitioners are followed by the panel headed ‘Land’ which makes it plain that all improvements and fixtures on the land are included in the sale. The ‘Payment’ panel allows for details of the price and ... ”
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“ The LIV contract and the By Lawyers contract deal with most matters addressed in the general conditions in the same way. A comparison follows. Title conditions ”
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“ Some practitioners add special conditions. Some have many pages, often changing minor matters in the standard form and providing for every conceivable situation, whether relevant to the particular matter or not. This is poor communication and part of the trend that sees conveyancing as adversarial ... ”
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“ Goods and services tax Most practitioners feel unqualified to advise in this area. However, GST in particular is an ever-present consideration and conscious decisions about it must be made in every matter. If unsure of the answer then the client should be directed to their accountant or a ruling ... ”
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“ Section 32 of the Sale of Land Act 1962 requires a vendor to disclose certain matters to the purchaser before the purchaser enters into a contract. These requirements are as follows. Give signed statement ”
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“ Some practitioners add special conditions. Some have many pages, often changing minor matters in the standard form and providing for every conceivable situation, whether relevant to the particular matter or not. This is poor communication and part of the trend that sees conveyancing as adversarial ... ”
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