{"id":"a-2006-38","name":"Civil Law (Property) Act 2006","slug":"civil-law-property-act-2006","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"38 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23192,"registerId":"act-a-2006-38-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Civil Law (Property) Act 2006.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘trustee company—see the Trustee\nCompanies Act 1947, dictionary.’ means that the term ‘trustee company’\nis defined in that dictionary and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Application of Act","content":"5 Application of Act\n(1) This Act does not apply in relation to leasehold land (including leases\nof leasehold land) under the Land Titles Act 1925 so far as there is an\ninconsistency with that Act.\n(2) If a provision of this Act is stated to apply to land under the Land\nTitles Act 1925, the provision is not taken (unless the contrary\nintention appears) to apply exclusively to land of that kind.\n\nConveyancing—preliminary Part 2.1\n","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"1 Conveyancing—preliminary","content":"Part 2.1 Conveyancing—preliminary\n","sortOrder":4},{"sectionNumber":"200","sectionType":"section","heading":"What is a settlement?","content":"200 What is a settlement?\n(1) A settlement is an instrument, or a number of instruments, under\nwhich land is—\n(a) held by people in limited ownership by succession; or\n(b) held in trust for people as limited owners by succession; or\n(c) held in trust for a child in possession; or\n(d) held in limited ownership by a trust for a child in possession.\nExample of settlement\nwill\n(2) If a child is beneficially entitled to land, and because of an intestacy\nor otherwise there is no instrument under which the interest of the\nchild arises or is acquired, a settlement is taken to have been made by\nthe intestate or the person whose interest the child has acquired.\n(3) An interest not disposed of by a settlement, and remaining in or\nreverting to the settlor (or someone deriving title through the settlor),\nis an interest included in the settlement and coming to the settlor (or\nother person) under the settlement.\n\n","sortOrder":5},{"sectionNumber":"201","sectionType":"section","heading":"Instruments required to be in writing","content":"201 Instruments required to be in writing\n(1) An interest in land cannot be created or disposed of by a person\nexcept—\n(a) by writing signed by the person or by the person’s agent properly\nauthorised in writing; or\n(b) by the person’s will; or\n(c) by operation of law.\nNote 1 The Legislation Act, dict, pt 1 defines interest, in relation to land and\nother property, and land.\nNote 2 See also the Legislation Act, s 168 (References to person with interest in\nland include personal representative etc).\n(2) A declaration of trust by a person in relation to an interest in land\nmust be—\n(a) in writing signed by the person; or\n(b) made by the person’s will.\n(3) A disposition by a person of an equitable interest or trust existing at\nthe time of the disposition must be—\n(a) in writing signed by the person or by the person’s agent properly\nauthorised in writing; or\n(b) made by the person’s will.\n\nRules of law on certain points Division 2.2.1\n(4) This section—\n(a) does not affect the creation or operation of a resulting, implied\nor constructive trust; and\n(b) is subject to section 202 (Creation of interests in land by word\nof mouth).\n","sortOrder":6},{"sectionNumber":"202","sectionType":"section","heading":"Creation of interests in land by word of mouth","content":"202 Creation of interests in land by word of mouth\n(1) This section applies to an interest in land if the interest is—\n(a) created by word of mouth; and\n(b) not put into writing signed by the person creating it or by the\nperson’s agent properly authorised in writing.\n(2) The interest is an interest at will only, whether or not consideration is\ngiven for it.\n","sortOrder":7},{"sectionNumber":"203","sectionType":"section","heading":"Exceptions to s 201 and s 202","content":"203 Exceptions to s 201 and s 202\n(1) Section 201 (Instruments required to be in writing) and section 202\n(Creation of interests in land by word of mouth) do not—\n(a) affect the creation by word of mouth of a lease that is at the\nhighest rent reasonably obtainable without taking a fine and that\ntakes effect in possession—\n(i) for a term not longer than 3 years without a right for the\nlessee to extend the term; or\n(ii) for a term not longer than 3 years with a right for the lessee\nto extend the term, at the best rent reasonably obtainable\nwithout taking a fine, for a further period, but so that the\nperiod of the lease and the period of the extension do not\ntotal longer than 3 years; or\n\n(b) invalidate a disposition by will; or\n(c) affect an interest validly created before 26 June 1986; or\n(d) affect the law about part performance.\nNote A ‘fine’ is an amount paid by a tenant to a landlord for the grant, transfer\nor renewal of a lease. It is not an amount reasonably demanded to cover\nthe landlord’s expenses, rather an extortionate amount demanded by a\nlandlord without reasonable cause (see Butterworths, Australian Legal\nDictionary, p 477).\n(2) In this section:\n","sortOrder":8},{"sectionNumber":"204","sectionType":"section","heading":"Proceedings do not lie on certain unwritten agreements","content":"204 Proceedings do not lie on certain unwritten agreements\n(1) A proceeding does not lie against a person on a contract for the sale\nor other disposition of land unless the agreement on which the\nproceeding is brought, or a memorandum or note of the agreement, is\nin writing signed by the person or by the person’s agent properly\nauthorised in writing.\n(2) This section—\n(a) applies to contracts whenever they were made; and\n(b) applies to land under the Land Titles Act 1925; and\n(c) does not affect the law about part performance or sales by a\ncourt.\n\nRules of law on certain points Division 2.2.1\n","sortOrder":9},{"sectionNumber":"205","sectionType":"section","heading":"Assignment of debts and things in action","content":"205 Assignment of debts and things in action\n(1) An absolute assignment, in writing signed by the assignor, of a debt\nor thing in action (other than an assignment expressed to be by charge\nonly) is effective at law to transfer the right to the debt or thing in\naction if written notice of the assignment is given to the debtor,\ntrustee, or other person, (the liable person) from whom the assignor\nwould have been entitled to receive or claim the debt or thing in\naction.\nNote A thing in action (also called a chose in action) is an intangible personal\nproperty right recognised and protected by the law. Examples include\ndebts, money held at a bank, shares, rights under a trust, copyright, and\nthe right to sue for breach of contract.\n(2) The transfer takes effect on the day the notice is given.\n(3) Without limiting subsection (1), the assignee may recover or\notherwise enforce the debt or thing in action without involving the\nassignor.\n(4) However, the transfer is subject to all equities that would have been\nentitled to priority over the right of the assignee apart from this\nsection.\n(5) If the liable person has notice that the assignment is disputed, or of\nany conflicting claims to the debt or thing in action, the liable person\nmay—\n(a) call on anyone claiming the debt or thing in action to interplead;\nor\n(b) pay any amount in dispute into court.\n","sortOrder":10},{"sectionNumber":"206","sectionType":"section","heading":"Merger","content":"206 Merger\nAn estate in land is merged in another estate by operation of law only\nif the beneficial interest in the estate is merged or extinguished in\nequity.\n\n","sortOrder":11},{"sectionNumber":"207","sectionType":"section","heading":"Equitable waste","content":"207 Equitable waste\nAn estate for life without impeachment of waste does not give the\ntenant for life a legal right to commit equitable waste, unless an\nintention to give the tenant for life that right expressly appears in the\ninstrument creating the estate.\n","sortOrder":12},{"sectionNumber":"208","sectionType":"section","heading":"Person may assure property to self or to self and others","content":"208 Person may assure property to self or to self and others\nA person may assure property to—\n(a) himself or herself; or\n(b) himself or herself and anyone else.\n","sortOrder":13},{"sectionNumber":"209","sectionType":"section","heading":"Power for corporations to hold property as joint tenants","content":"209 Power for corporations to hold property as joint tenants\n(1) A corporation may acquire and hold property in joint tenancy in the\nsame way as if it were an individual.\n(2) Without limiting subsection (1), if a corporation and an individual\nbecome entitled to property under circumstances or an instrument that\nwould have created a joint tenancy if the corporation were an\nindividual, the corporation and individual are entitled to the property\nas joint tenants.\n(3) However, the acquisition and holding of property by a corporation in\njoint tenancy is subject to the conditions and restrictions that apply to\nthe acquisition and holding of property by a corporation in severalty.\n(4) If a corporation that is a joint tenant of property is dissolved, the\nproperty devolves on the other joint tenant.\n\nProperty generally Division 2.2.2\n","sortOrder":14},{"sectionNumber":"210","sectionType":"section","heading":"Interpretation of conveyance etc of property to 2 or more","content":"210 Interpretation of conveyance etc of property to 2 or more\npeople together\n(1) A disposition of the beneficial interest in property (whether or not\nwith the legal estate) to or for 2 or more people together beneficially\nis taken to be made to or for them as tenants in common, and not as\njoint tenants.\n(2) However, this section does not apply—\n(a) to people who, under the instrument, are executors,\nadministrators, trustees or mortgagees; or\n(b) if the instrument expressly provides that they are to take as joint\ntenants.\n(3) This section applies to the interpretation of an instrument\ncommencing after 8 May 1958.\n","sortOrder":15},{"sectionNumber":"211","sectionType":"section","heading":"Tenants in common of equitable estate acquiring legal","content":"211 Tenants in common of equitable estate acquiring legal\nestate\n(a) 2 or more people are beneficially entitled as tenants in common\nto an equitable estate in property; and\n(b) they are or become entitled in their own right (whether as joint\ntenants or tenants in common) to the legal estate in the property;\nand\n(c) their legal estate in the property is equal to, and coextensive\nwith, their equitable estate in the property.\n(2) The legal and equitable estates in the property are both to be held by\nthem as tenants in common unless they otherwise agree.\n\n","sortOrder":16},{"sectionNumber":"212","sectionType":"section","heading":"People taking who are not parties","content":"212 People taking who are not parties\n(1) A person may take an immediate or other interest in land or other\nproperty, or the benefit of a condition, right of entry, covenant or\nagreement over or in relation to land or other property, even though\nthe person is not a party to the assurance or other instrument.\n(2) The person may sue, and is entitled to all rights and remedies, in\nrelation to the land or other property as if the person had been a party\nto the assurance or other instrument.\n","sortOrder":17},{"sectionNumber":"213","sectionType":"section","heading":"Presumption of survivorship","content":"213 Presumption of survivorship\n(1) If 2 people die at the same time or in an order that is uncertain, the\ndeaths are, for purposes affecting title to land, taken to have happened\nin order of seniority, and the younger is taken to have survived the\nelder.\n(2) If more than 2 people die at the same time or in an order that is\nuncertain, the deaths are, for purposes affecting title to land, taken to\nhave happened in order of seniority, and the youngest is taken to have\nsurvived the eldest.\n(3) This section is subject to the Administration and Probate Act 1929,\npart 3B (Simultaneous deaths).\n","sortOrder":18},{"sectionNumber":"214","sectionType":"section","heading":"Provisions about supplemental instruments","content":"214 Provisions about supplemental instruments\n(1) An instrument (the supplemental instrument) expressed to be\nsupplemental to a previous instrument is, as far as practicable, to be\nread, and has effect, as if the supplemental instrument contained a full\nrecital of the previous instrument.\n(2) This section does not operate to give a right to production of the\nprevious instrument.\n\nEnding life interests Division 2.2.3\n(3) A purchaser may accept the same evidence that the previous\ninstrument does not affect the title as the purchaser could have\naccepted if it had only been mentioned in the supplemental\ninstrument.\n","sortOrder":19},{"sectionNumber":"215","sectionType":"section","heading":"Meaning of life interest for div 2.2.3","content":"215 Meaning of life interest for div 2.2.3\nlife interest means an interest in property ending on the death of 1 or\nmore people.\n","sortOrder":20},{"sectionNumber":"216","sectionType":"section","heading":"Wrongful holding over of life interest etc","content":"216 Wrongful holding over of life interest etc\n(1) This section applies if a person entitled to a life interest in property\nholds over or continues in possession of the property, the interest in\nthe property, or the rents, profits or income of the property, after the\nend of the life interest without the express consent of the person next\nentitled to the property, or to the rents, profits or income of the\nproperty, on the ending of the life interest.\n(2) The holder of the life interest is liable in damages, to account for the\nrents, profits or income of the property, or both, to the person entitled\nto the property, or to the rents, profits or income, after the end of the\nlife interest.\n","sortOrder":21},{"sectionNumber":"217","sectionType":"section","heading":"Vesting of interests on end of life interest—evidence of","content":"217 Vesting of interests on end of life interest—evidence of\ndeath\n(1) If a reversion, remainder or other interest in property is to vest in\npossession on the death of 1 or more people and the person entitled\nto the interest believes that the interest has become vested in\npossession because of the death of the relevant person, the person\nentitled to the interest (the applicant) may—\n(a) apply to a court for appropriate orders in relation to the property;\nand\n\n(b) give the court evidence of the death of the relevant person.\n(2) If the court is satisfied that the relevant person has died, the court may\nmake appropriate orders in relation to the property in which the\ninterest is held.\n(3) Without limiting subsection (2), if evidence is given to the court that\nthe relevant person has remained outside Australia, or has been absent\nfrom the place in Australia where the person might have been\nexpected to be found, for 7 years or longer, then, unless it is proved\nto the satisfaction of the court that the relevant person is still alive,\nthe court may order that the person is, for the proceeding, taken to\nhave died and make appropriate orders on that basis.\n(4) If judgment is given against the applicant and the applicant later\nbegins another proceeding in a court in which the applicant claims\nthat the relevant person has died, the court in which the other\nproceeding is begun may order that the proceeding be stayed—\n(a) for a stated time; or\n(b) until a further order of the court; or\n(c) permanently.\nrelevant person, in relation to the vesting in possession of a reversion,\nremainder or other interest in property, means the person on whose\ndeath the interest vests in possession or, if the vesting of the interest\nin possession happens on the deaths of 2 or more people, the last of\nthem to die.\n\nEnding life interests Division 2.2.3\n","sortOrder":22},{"sectionNumber":"218","sectionType":"section","heading":"Vesting orders made in error","content":"218 Vesting orders made in error\n(a) a person with a life interest in property (the interest-holder) has\nbeen evicted from the property or deprived of the interest\nbecause of an order made by a court on the basis that the life\ninterest has ended; and\n(b) in a later court proceeding the court is satisfied that the life\ninterest has not ended, or had not ended when the order was\nmade.\n(2) The court hearing the later proceeding may give the interest-holder\nappropriate relief.\n\nPart 2.3 General rules about deeds and\ndocuments of corporations\n","sortOrder":23},{"sectionNumber":"219","sectionType":"section","heading":"Signature and attestation of deeds","content":"219 Signature and attestation of deeds\n(1) A deed (whether or not it affects property) must be—\n(a) signed and sealed; and\n(b) attested by at least 1 witness who is not a party to the deed, using\nany form of words.\n(2) Indenting is not necessary.\n(3) An instrument executed after 1 July 1920 that is signed and attested\nin accordance with this section is taken to be sealed if the instrument\nis expressed to be an indenture or deed or to be sealed.\n(4) A deed executed and attested in accordance with this section may be\nproved in the same way that a deed not required by law to be attested\nmay be proved.\n(5) This section does not affect—\n(a) the execution of a deed by a corporation; or\n(b) a deed executed before 1 November 1951.\n","sortOrder":24},{"sectionNumber":"220","sectionType":"section","heading":"Receipt in deed sufficient","content":"220 Receipt in deed sufficient\nA receipt for consideration in the body of a deed is a discharge for the\nconsideration to the person giving it, even though a receipt is not\nendorsed on the deed.\n\nGeneral rules about deeds and documents of corporations Part 2.3\nOperation of deeds Division 2.3.2\n","sortOrder":25},{"sectionNumber":"221","sectionType":"section","heading":"Receipt in deed or endorsed evidence for subsequent","content":"221 Receipt in deed or endorsed evidence for subsequent\npurchaser\nA receipt for consideration in the body of a deed (or endorsed on it)\nis, for a subsequent purchaser without notice that all or part of the\nconsideration has not been given, evidence of the giving of all the\nconsideration.\n","sortOrder":26},{"sectionNumber":"222","sectionType":"section","heading":"How powers of appointment are to be exercised","content":"222 How powers of appointment are to be exercised\n(1) This section applies if a power of appointment by an instrument other\nthan a will is exercised by—\n(a) a deed executed and attested in accordance with this Act or the\nCorporations Act; or\n(b) an instrument under the Land Titles Act 1925 executed and\nattested in accordance with that Act.\n(2) The deed or instrument is, in relation to the execution and attestation,\na valid exercise of the power, even though the instrument that creates\nthe power requires an additional or another form of execution or\nattestation.\n","sortOrder":27},{"sectionNumber":"Div 2","sectionType":"division","heading":"3.2 Operation of deeds","content":"Division 2.3.2 Operation of deeds\n","sortOrder":28},{"sectionNumber":"223","sectionType":"section","heading":"Limitations may be made by direct conveyance without","content":"223 Limitations may be made by direct conveyance without\nuses\nA limitation that may be made by use operating under this Act may\nbe made by direct conveyance without the intervention of uses.\n","sortOrder":29},{"sectionNumber":"224","sectionType":"section","heading":"In conveyance use of word grant unnecessary","content":"224 In conveyance use of word grant unnecessary\n(1) In a conveyance it is not necessary to use the word ‘grant’ to convey\nland.\n(2) Any words that indicate an intention to convey the land are sufficient.\n\n","sortOrder":30},{"sectionNumber":"225","sectionType":"section","heading":"Rights of entry etc","content":"225 Rights of entry etc\nThe following interests in property may be conveyed by deed:\n(a) a right of entry;\n(b) a contingent remainder;\n(c) a contingent, executory, or future estate, right or interest;\n(d) a possibility coupled with an interest.\n","sortOrder":31},{"sectionNumber":"226","sectionType":"section","heading":"Certain conveyance etc void","content":"226 Certain conveyance etc void\n(1) This section applies to a conveyance of, or an agreement to convey, a\npresent right of entry to land, other than a conveyance or agreement\nto convey to the person in possession of the land (A).\n(2) The conveyance or agreement to convey is void as against A or\nanyone claiming through A unless the person conveying or agreeing\nto convey (B), or the person through whom B claims, has been in\npossession of the land within 1 year from the date of the conveyance\nor agreement.\n","sortOrder":32},{"sectionNumber":"227","sectionType":"section","heading":"Execution of documents by or on behalf of corporations","content":"227 Execution of documents by or on behalf of corporations\n(1) For an honest purchaser, a document is taken to have been properly\nexecuted by a corporation aggregate if the seal of the corporation is\nfixed to the document and the fixing of the seal is attested by—\n(a) the secretary or another officer of the corporation or a deputy of\nthe secretary or other officer; and\n(b) a member of the board of directors, council or other governing\nbody of the corporation.\n\nGeneral rules about deeds and documents of corporations Part 2.3\nDocuments of corporations Division 2.3.3\n(2) If a document has attached to it a seal purporting to be the seal of a\ncorporation aggregate and the fixing of the seal has been attested by\npeople purporting to hold the positions mentioned in subsection (1),\nan honest purchaser may assume the document has been executed in\naccordance with subsection (1).\n(3) The board of directors, council or other governing body of a\ncorporation aggregate may, by resolution or other means, appoint an\nagent to execute documents for the corporation, including registration\ncopies of documents to which the corporation is a party.\n(4) If a person is authorised under a power of attorney or a statutory or\nother power to assure property for a corporation, the person may make\nthe assurance by—\n(a) signing it in his or her name in the presence of at least 1 attesting\nwitness and stating in the assurance the power the person has to\nsign it for the corporation; and\n(b) if the assurance is a deed—further executing the assurance in\naccordance with section 219 (Signature and attestation of\ndeeds).\n(5) If a corporation aggregate is authorised under a power of attorney or\na statutory or other power to assure property for someone else, an\nofficer or employee of the corporation appointed for the purpose by\nthe board of directors, council or other governing body of the\ncorporation may assure the property for the other person.\n(6) If an assurance is made by an officer or employee who purports to be\nappointed under subsection (5), the assurance is taken, in relation to\nan honest purchaser, to have been made by a properly appointed\nofficer or employee.\n(7) This section applies to deeds and other documents executed after\n\n(8) This section does not limit the ways in which a company may execute\na document (including a deed), and any method of execution\nauthorised by law or by practice, or by the law, charter, constitution\nor other instrument establishing the corporation or regulating the\naffairs of the corporation, is (in addition to the methods authorised by\nthis section) as effective as if this section had not been enacted.\nNote The Corporations Act, s 127 provides how a company may execute\ndocuments (including deeds), and s 128 provides that a person is entitled\nto make certain assumptions in s 129 in relation to dealings with a\ncompany.\n","sortOrder":33},{"sectionNumber":"228","sectionType":"section","heading":"Application—div 2.3.4","content":"228 Application—div 2.3.4\nThis division applies to appointments made after 26 June 1986 under\npowers created before, on or after that day.\n","sortOrder":34},{"sectionNumber":"229","sectionType":"section","heading":"Appointments to be valid despite exclusion of object","content":"229 Appointments to be valid despite exclusion of object\n(1) An appointment made under a power to appoint property among 2 or\nmore objects is not invalid only because 1 or more objects of the\npower is not to take a share in the property.\n(2) This section does not affect a provision of the instrument creating the\npower that declares a share in the property from which an object of\nthe power is not to be excluded.\n\nDispositions on trust for sale or with power of sale Division 2.4.1\nDivision 2.4.1 Dispositions on trust for sale or with\npower of sale\n","sortOrder":35},{"sectionNumber":"230","sectionType":"section","heading":"Meaning of purchaser for div 2.4.1","content":"230 Meaning of purchaser for div 2.4.1\npurchaser means a person who acquires an interest in or charge on\nproperty for money or money’s worth.\n","sortOrder":36},{"sectionNumber":"231","sectionType":"section","heading":"Consents to execution of trust for sale etc","content":"231 Consents to execution of trust for sale etc\n(1) If the consent of 3 or more people is required by a disposition for the\nexecution of a trust for sale of property, or the exercise of a power of\nsale of property under a trust, then, for a purchaser, the consent of any\n2 of those people to the execution of the trust or the exercise of the\npower or to the exercise of any statutory or other powers vested in the\ntrustees is enough.\n(2) If a person whose consent is required by a disposition for the\nexecution of a trust for sale of property, or the exercise of a power of\nsale of property under a trust, is a person with a legal disability, the\nperson’s consent is, for a purchaser, taken not to be required.\n(3) However, for the disposition mentioned in subsection (2), the trustees\nmust get the consent of—\n(a) if the person is a child—the parent or testamentary or other\nguardian of the child; or\n(b) if the person is a person with a mental disability—the manager\nof the person’s property under the Guardianship and\nManagement of Property Act 1991; or\n(c) if there is no parent, guardian or manager—the Supreme Court.\n\n","sortOrder":37},{"sectionNumber":"232","sectionType":"section","heading":"Purchaser not to be concerned with trusts of proceeds of","content":"232 Purchaser not to be concerned with trusts of proceeds of\nsale\n(1) A purchaser of property from trustees for sale, or from trustees having\na power of sale, need not be concerned with the trusts affecting the\nproceeds of sale or the income of the property until sale, whether or\nnot the trusts are declared by the same instrument that created the trust\nfor sale or the power of sale.\n(2) Despite anything to the contrary in the instrument (if any) creating a\ntrust for sale of property, or a power of sale of property, or in the\nsettlement of the proceeds of sale of property, proceeds of sale or\nother capital money may only be paid or applied by the direction of\nat least 2 trustees, unless the trust has only 1 trustee and—\n(a) the trustee is a trust corporation; or\n(b) the trustee was appointed as the sole trustee by the instrument\ncreating the trust.\n(3) However, subsection (2) does not affect the right of a sole personal\nrepresentative to give valid receipts for, or direct the application of,\nproceeds of sale or other capital money.\n(4) Also, subsection (2) does not make it necessary to have more than\n1 trustee unless capital money arises on a transaction.\n","sortOrder":38},{"sectionNumber":"233","sectionType":"section","heading":"Settlements of personal property invested in land","content":"233 Settlements of personal property invested in land\n(1) If a settlement contains a power to invest money in the purchase of\nland and land is purchased in the exercise of that power—\n(a) the land is held by the trustees on trust for sale; and\n(b) the net rents and profits from the land must, after paying the\ncosts of repairs properly payable out of income, insurance and\nother outgoings, be paid or applied in the same way as the\nincome of investments made from the sale price of the land\nwould have been payable or applicable if the land had been sold\nand the proceeds invested other than in the purchase of land.\n\nDispositions on trust for sale or with power of sale Division 2.4.1\n(2) This section applies unless the settlement provides to the contrary.\n(3) This section applies only to settlements commencing after\n","sortOrder":39},{"sectionNumber":"234","sectionType":"section","heading":"Powers given to trustees for sale","content":"234 Powers given to trustees for sale\n(1) If property under a disposition on trust for sale includes land, the\ntrustees may take possession of, hold and manage the land until it is\nsold.\n(2) This section applies unless the disposition provides to the contrary.\n","sortOrder":40},{"sectionNumber":"235","sectionType":"section","heading":"Application of income of land under trust for sale","content":"235 Application of income of land under trust for sale\n(1) The net rents and profits of land under a disposition on trust for sale\nmust, after paying the costs of repairs properly payable out of income,\ninsurance, and other outgoings, be paid or applied in the same way as\nthe income of investments made from the sale price of the land would\nhave been payable or applicable if the land had been sold and the\nproceeds invested other than in the purchase of land.\n(2) This section applies subject to any contrary intention in the\ndisposition or in a settlement of proceeds of sale under the\ndisposition.\n","sortOrder":41},{"sectionNumber":"236","sectionType":"section","heading":"Partition of land under trust for sale","content":"236 Partition of land under trust for sale\n(1) If the net proceeds of sale of land under a disposition on trust for sale\nhave, under the trusts affecting the sale, become absolutely vested in\npossession in 2 or more people as joint tenants or tenants in common,\nthe trustees for sale may, with the agreement of the people (if any)\nwho are adults and not annuitants and who have interests in\npossession in the net rents and profits of the land until it is sold—\n(a) partition the land remaining unsold or any part of it; and\n(b) provide (by mortgage or otherwise) for the payment of equality\nmoney.\n\n(2) On a partition being arranged under subsection (1), the trustees for\nsale must give effect to the partition by conveying the land partitioned\nin severalty (subject or not to any mortgage created to raise equality\nmoney) to the people entitled to it under the partition.\n(3) A purchaser of land partitioned under subsection (1) need not be\nconcerned to inquire whether any agreement to the partition required\nby the subsection had been given.\n(4) If a share in the net proceeds belongs to a person who has a physical,\nmental, psychological or intellectual condition relevant to the\nGuardianship and Management of Property Act 1991, section 8, the\ntrustees for sale are protected if they obtain the agreement of—\n(a) the manager of the person’s property under that Act; or\n(b) if there is no manager—the Supreme Court.\n(5) If a share in the net proceeds is affected by an encumbrance, the\ntrustees for sale may either—\n(a) give effect to the encumbrance; or\n(b) provide for the discharge of the encumbrance out of the property\nallotted in relation to the share.\n(6) If a share in the net proceeds is vested absolutely in a child, or in a\nperson who cannot be found or identified, or about whom it is\nuncertain whether the person is living or dead, the trustees for sale\nmay act for the child or person and keep land or other property that is\nthe person’s share.\n\nVoidable dispositions Division 2.4.2\n","sortOrder":42},{"sectionNumber":"237","sectionType":"section","heading":"Powers of Supreme Court if trustees for sale decline to","content":"237 Powers of Supreme Court if trustees for sale decline to\nexercise powers\n(1) If trustees for sale decline to sell or exercise any of the powers given\nby section 234 (Powers given to trustees for sale) or section 236\n(Partition of land under trust for sale), or any agreement cannot be\nobtained, an interested person may apply to the Supreme Court for—\n(a) a vesting or other order to give effect to the proposed\ntransaction; or\n(b) an order directing the trustees for sale to exercise any of their\npowers.\n(2) The court may make any order it considers appropriate.\n","sortOrder":43},{"sectionNumber":"238","sectionType":"section","heading":"Meaning of purchaser for div 2.4.2","content":"238 Meaning of purchaser for div 2.4.2\npurchaser means a purchaser for valuable consideration, and includes\na lessee, mortgagee or other person who, for valuable consideration,\nacquires an interest in property.\n","sortOrder":44},{"sectionNumber":"239","sectionType":"section","heading":"Voluntary dispositions to defraud creditors voidable","content":"239 Voluntary dispositions to defraud creditors voidable\n(1) A disposition of property made with intent to defraud creditors is\nvoidable by a person prejudiced by the disposition.\n(2) However, this section does not apply to an interest in property\ndisposed of to an honest purchaser who did not have, at the time of\nthe disposition, notice of the intent to defraud creditors.\n(3) This section applies to a disposition of property made before or after\nthe commencement of this section.\n\n","sortOrder":45},{"sectionNumber":"240","sectionType":"section","heading":"Voluntary dispositions of land—how far voidable against","content":"240 Voluntary dispositions of land—how far voidable against\npurchasers\n(1) A voluntary disposition of land made with intent to defraud a\nsubsequent purchaser is voidable by that purchaser.\n(2) For this section, if the document by which a voluntary disposition of\nland is made is registered before a subsequent purchase of the land,\nthe voluntary disposition is not taken to have been made with intent\nto defraud a subsequent purchaser—\n(a) only because the disposition was not made for valuable\nconsideration; or\n(b) only because of the subsequent purchase.\n(3) This section applies to a disposition of land made before or after the\ncommencement of this section.\n","sortOrder":46},{"sectionNumber":"241","sectionType":"section","heading":"Acquisitions of reversions at under value","content":"241 Acquisitions of reversions at under value\n(1) An acquisition of a reversionary interest in property honestly made\nfor money or moneys worth must not be set aside only because it was\nmade for less than full value.\n(2) This section does not affect the jurisdiction of a court to set aside or\nchange unconscionable bargains.\n(3) In this section:\nreversionary interest includes an expectancy or possibility.\n\nPartition Part 2.5\n","sortOrder":47},{"sectionNumber":"242","sectionType":"section","heading":"Definitions—pt 2.5","content":"242 Definitions—pt 2.5\ninterested person, in relation to property, means a person with an\ninterest in the property.\nproceeding for partition of property includes a proceeding for sale of\nthe property and distribution of the proceeds.\n","sortOrder":48},{"sectionNumber":"243","sectionType":"section","heading":"Court may order partition of land held in co-ownership","content":"243 Court may order partition of land held in co-ownership\nIf 2 or more people hold an interest in land as joint tenants or tenants\nin common, the Supreme Court may, on an application made by 1 or\nmore of those people (the applicants)—\n(a) order a partition of the interest in the land held by the applicants;\nand\n(b) make any further orders, and give any consequential directions,\nit considers appropriate.\n","sortOrder":49},{"sectionNumber":"244","sectionType":"section","heading":"Power of Supreme Court to order sale instead of partition","content":"244 Power of Supreme Court to order sale instead of partition\n(1) In a proceeding for partition of property, instead of ordering\npartition—\n(a) the Supreme Court may, on the application of an interested\nperson, order the sale of the property if the court considers that\nsale (and a distribution of the proceeds) would be more\nbeneficial than partition because of—\n(i) the nature of the property; or\n(ii) the number of interested people; or\n(iii) the absence or disability of an interested person; or\n(iv) any other circumstances; and\n\n(b) the court must (unless it sees good reason not to), on the\napplication of interested people with a collective interest in the\nproperty of at least a half share in the property, order the sale of\nthe property; and\n(c) the court may, on the application of an interested person, order\nthe sale of the property unless other interested people agree to\nbuy the share of the applying person.\n(2) The power of the Supreme Court to order the sale of property includes\nthe power to order the sale of a part of the property and the partition\nof the rest of the property.\n(3) If the Supreme Court orders the sale of property, it may—\n(a) appoint trustees to receive and apply proceeds of the sale; or\n(b) give any consequential directions it considers appropriate,\nincluding, for example, directions about—\n(i) the valuation of an interested person’s share in the\nproperty; and\n(ii) the application, investment and distribution of proceeds of\nsale.\n(4) In a proceeding for partition of property, it is sufficient to claim sale\nand distribution of the proceeds and it is not necessary to claim a\npartition.\n","sortOrder":50},{"sectionNumber":"245","sectionType":"section","heading":"Authority for interested person to bid","content":"245 Authority for interested person to bid\n(1) The Supreme Court may allow an interested person in relation to\nproperty to bid at the sale of the property under this part on the\nconditions that the court considers appropriate, including, for\nexample, conditions about—\n(a) nonpayment of deposit; or\n(b) setting off or accounting for the purchase money or any part\ninstead of paying it; or\n\nPartition Part 2.5\n(c) anything else.\n(2) This section does not limit section 244 (3).\n","sortOrder":51},{"sectionNumber":"246","sectionType":"section","heading":"Parties to partition proceedings","content":"246 Parties to partition proceedings\n(1) A person who, apart from this part, might have brought a proceeding\nfor partition of property may bring the proceeding against any\ninterested person without serving any other interested person.\n(2) A defendant in a proceeding cannot object for want of parties.\n","sortOrder":52},{"sectionNumber":"247","sectionType":"section","heading":"Several sales in same partition proceeding","content":"247 Several sales in same partition proceeding\n(1) This section applies if, in a proceeding for partition of property—\n(a) 2 or more sales are made; and\n(b) a person (the excluded person) is excluded from participation in\nthe proceeds of any of the sales (the excluded sale).\n(2) If the excluded person establishes the person’s claim to take part in\nthe proceeds of another of the sales, the shares of the other people\ninterested in the proceeds of that sale must be reduced to the extent\nthat their share of the proceeds of the excluded sale were increased\nby the exclusion of the excluded person from the proceeds of that sale.\n(3) The amount mentioned in subsection (2) must be put towards\npayment to the excluded person of the share of the proceeds of the\nexcluded sale that the person would have been entitled to if the person\nhad not been excluded.\n\n","sortOrder":53},{"sectionNumber":"248","sectionType":"section","heading":"Definitions—pt 2.6","content":"248 Definitions—pt 2.6\nannuity includes salary and pension.\ndividend includes—\n(a) a payment called a dividend or bonus; and\n(b) a payment otherwise made out of the revenue of a company that\nis divisible between members of the company, whether or not a\npayment of that kind is usually made or declared at fixed times;\nbut does not include a return of capital.\nrent includes—\n(a) a payment under a rent charge or for rent service; and\n(b) a periodical payment in the nature of rent, or instead of rent.\n","sortOrder":54},{"sectionNumber":"249","sectionType":"section","heading":"Application of pt 2.6 to dividends of companies","content":"249 Application of pt 2.6 to dividends of companies\nFor this part, the divisible revenue mentioned in section 248,\ndefinition of dividend, paragraph (b) is taken to have accrued by equal\ndaily increments during the period in relation to which the payment\nout of revenue is declared or expressed to be made.\n","sortOrder":55},{"sectionNumber":"250","sectionType":"section","heading":"Income apportionable in relation to time","content":"250 Income apportionable in relation to time\nAll rents, annuities dividends and other periodical payments in the\nnature of income (whether reserved or made payable by an instrument\nor otherwise) are, like interest on an amount lent, taken to accrue from\nday-to-day, and must be apportioned in relation to time accordingly.\n\nApportionment Part 2.6\n","sortOrder":56},{"sectionNumber":"251","sectionType":"section","heading":"Time when apportioned part is payable","content":"251 Time when apportioned part is payable\nAn apportioned part of a payment mentioned in section 250 is payable\nor recoverable—\n(a) if the payment is a continuing payment—when the entire portion\nof which the apportioned part forms part becomes payable; or\n(b) if the payment is terminated by re-entry, death or otherwise—\nwhen the next entire portion of the payment would have become\npayable if it had not been terminated.\n","sortOrder":57},{"sectionNumber":"252","sectionType":"section","heading":"Recovery of apportioned parts","content":"252 Recovery of apportioned parts\n(1) In this section:\nlessor means the person who, if the rent for any land had not been\napportionable, would have been entitled to the entire or continuing\nrent for the land.\nperson includes—\n(a) the person’s personal representatives, successors and assigns;\nand\n(b) the personal representatives, successors and assigns of a person\nwhose interest ended on that person’s death.\n(2) The person entitled to an apportioned part of a payment mentioned in\nsection 250 (Income apportionable in relation to time) may recover\nthe part, when payable, in the same way as the person could recover\nthe entire payment if entitled to it.\n(3) However, an apportioned part of a payment of rent for land is not by\nitself recoverable from the person liable to pay the rent, but may be\nrecovered from that person by the lessor together with the remaining\npart of the payment.\n(4) If the lessor does so, the person entitled to the apportioned part may\nthen recover it from the lessor.\n\n","sortOrder":58},{"sectionNumber":"253","sectionType":"section","heading":"Exceptions and application","content":"253 Exceptions and application\n(1) This part does not make apportionable an annual amount payable\nunder a policy of assurance.\n(2) This part does not apply to any case in which it is expressly stipulated\nthat apportionment is not to take place.\n\nChildren and children’s property Part 2.7\n","sortOrder":59},{"sectionNumber":"254","sectionType":"section","heading":"Receipts by certain children","content":"254 Receipts by certain children\nA child in a domestic partnership has power to give valid receipts for\nall income (including statutory accumulations of income made during\nchildhood) to which the child may be entitled as if the child were an\nadult.\n","sortOrder":60},{"sectionNumber":"255","sectionType":"section","heading":"Management of land during childhood","content":"255 Management of land during childhood\n(a) a beneficial interest in land is held in trust for a child; and\n(b) the trustees of the beneficial interest are—\n(i) if the settlement that created the interest appointed trustees\nof the interest—the trustees appointed; or\n(ii) if the settlement that created the interest did not appoint\ntrustees of the interest but there are trustees of the\nsettlement—the trustees of the settlement, unless the\nsettlement or an order of the Supreme Court that appointed\nthe trustees of the settlement or their predecessors in office\nprovides otherwise; or\n(iii) in any other case—people appointed as trustees of the\nbeneficial interest by the Supreme Court on the application\nof a litigation guardian of the child.\nNote Settlement is defined in s 200.\n(2) The trustees of the interest may take possession of, hold and manage\nthe land for the child.\n(3) This section does not apply so far as a contrary intention appears from\nthe settlement that created the beneficial interest of the child.\n\n","sortOrder":61},{"sectionNumber":"256","sectionType":"section","heading":"Power to appoint trustees of child’s property","content":"256 Power to appoint trustees of child’s property\n(a) a child is absolutely entitled under the will, or on the intestacy,\nof a person (the deceased person) to a devise or legacy, or to the\nresidue of the estate of the deceased person, or to a share in the\ndeceased person’s estate; and\n(b) the devise, legacy, residue or share is not, under a will of the\ndeceased person, devised or bequeathed to trustees for the child.\nNote A devise is a disposal of real property by a will. To bequeath property is\nto dispose of personal property (ie property other than real property) by a\nwill.\n(2) The personal representatives of the deceased person may, by\nregistered deed, appoint a trust corporation or 2 or more individuals\n(not more than 4), or both, to be—\n(a) trustees of the devise, legacy, residue or share for the child; and\n(b) trustees for section 255 (Management of land during childhood)\nof any land devised or any land that is, or forms part of, the\nresidue or share.\n(3) If a trust corporation, or a trust corporation and 1 or more individuals,\nare the personal representatives of the deceased person, the personal\nrepresentatives may, by registered deed, appoint the trust corporation\neither alone or with 1 or 2 individuals to be the trustees for the child.\n(4) The personal representatives of the deceased person may—\n(a) appoint 1 or more of themselves to be trustees under\nsubsection (2); or\n(b) appoint 1 or 2 of themselves who are individuals to be trustees\nunder subsection (3).\n\nChildren and children’s property Part 2.7\n(5) On the appointment—\n(a) the Trustee Act 1925, section 9 (Vesting on appointment and\nretirement) applies to the vesting in the trustees of the devise,\nlegacy, residue or share; and\n(b) the personal representatives, in that capacity, are discharged\nfrom further liability in relation to the devise, legacy, residue or\nshare; and\n(c) the rights of the child in relation to the devise, legacy, residue or\nshare are restricted to the property that, under this section and\nthe Trustee Act 1925, section 9, is vested in the trustees for the\nchild and do not extend to any other property; and\n(d) the devise, legacy, residue or share may be kept in its existing\nform or converted into money and the money invested in\naccordance with the Trustee Act 1925.\n(6) If land held under the Land Titles Act 1925 is affected by a registered\ndeed mentioned in this section, the registrar-general must, as the\nregistrar-general considers appropriate—\n(a) make an entry in the register of the vesting of the land; or\n(b) enter or withdraw caveats.\n(7) However, the registrar-general is not required to comply with\nsubsection (6) unless the person the land is to be vested in—\n(a) asks, in writing, that the entry be made; and\n(b) gives any evidence supporting the request that the\nregistrar-general reasonably requires; and\n(c) gives any notice of the request that the registrar-general\nreasonably requires to be given.\n\n(8) In this section:\nregistered deed means a deed registered under the Registration of\nDeeds Act 1957.\ntrust corporation does not include the public trustee and guardian.\n","sortOrder":62},{"sectionNumber":"257","sectionType":"section","heading":"Powers and duties of guardian","content":"257 Powers and duties of guardian\n(1) A guardian of a child—\n(a) may take into the guardian’s custody, and may manage, the\nchild’s real and personal property (other than property held by a\ntrustee under a trust) until the guardian stops being the guardian\nof the child; and\n(b) holds any of the child’s real and personal property that comes\ninto the guardian’s custody as trustee for the child; and\n(c) may bring a proceeding necessary to give effect to all or any of\nthe guardian’s powers under this section, including the\nguardian’s powers as trustee for the child; and\n(d) is responsible for accounting to the child, when the child\nbecomes an adult, for the guardian’s custody and management\nof the property.\n(2) Subsection (1) does not apply in relation to—\n(a) the director-general responsible for administering the Children\nand Young People Act 2008, when the director-general has long-\nterm care responsibility for a child because of that Act; or\n(b) a testamentary guardian of a child.\n\nRights-of-way Part 2.8\nPart 2.8 Rights-of-way\n","sortOrder":63},{"sectionNumber":"258","sectionType":"section","heading":"No right-of-way by user against Territory etc","content":"258 No right-of-way by user against Territory etc\nA right-of-way cannot be created only by continuous use against—\n(a) the Territory; or\n(b) the Commonwealth; or\n(c) a person holding land for a public purpose.\n\n","sortOrder":64},{"sectionNumber":"259","sectionType":"section","heading":"Definitions—pt 2.9","content":"259 Definitions—pt 2.9\nbuyer action period, for a disclosure update notice, means the period\nof 21 days from the day the buyer is given the disclosure update\nnotice.\ncommon property—see the Unit Titles Act 2001, section 13.\ndeveloper—see the Unit Titles Act 2001, dictionary.\ndisclosure statement—see section 260 (1).\ndisclosure update notice—see section 260B (2).\nexcluded change—see section 259A (4).\nmaterial change, to a matter in a disclosure statement, means—\n(a) a type 1 matter; or\n(b) a type 2 matter.\noff-the-plan contract means a contract for the sale of a unit in a units\nplan before the units plan is registered.\nowners corporation—see the Unit Titles (Management) Act 2011,\nregistered means registered with the registrar-general under the Land\nTitles Act 1925 or the Land Titles (Unit Titles) Act 1970.\nunit—see the Unit Titles Act 2001, section 9.\nunits plan—see the Unit Titles Act 2001, dictionary.\nunit subsidiary—see the Unit Titles Act 2001, section 12.\n\nImportant concepts Division 2.9.1\n","sortOrder":65},{"sectionNumber":"259A","sectionType":"section","heading":"Meaning of type 1 matter and type 2 matter","content":"259A Meaning of type 1 matter and type 2 matter\n(1) For this Act, a change to a matter in a disclosure statement for an\noff-the-plan contract—\n(a) is a type 1 matter if the change (other than an excluded change)\nis 1 of the following:\n(i) a decrease in overall floor area of the unit (excluding any\nunit subsidiary) of 5% or more;\n(ii) a decrease or increase in the unit entitlement estimate of\n5% or more;\n(iii) a decrease of 10% or more of a courtyard area or balcony\narea for the unit (whether or not the courtyard or balcony\nis part of the unit or a unit subsidiary);\n(iv) any other prescribed matter; and\n(b) is a type 2 matter if the change (other than an excluded change)\nwill, or is likely to, affect the use or enjoyment of the unit and\nincludes a change to the following:\n(i) the plan mentioned in section 260 (1) (a) if the change will,\nor is likely to, affect the use or enjoyment of the unit or the\ncommon property;\n(ii) the proposed rules of the owners corporation;\n(iii) the developer’s estimate of the buyer’s contribution to the\ngeneral fund if the change is more than the prescribed\namount;\n(iv) the location of an easement or inclusion of a new easement,\nthat will, or is likely to, affect the use or enjoyment of the\nunit (other than an easement mentioned in the Unit Titles\nAct 2001, section 34 and section 35 or the Land Titles Act\n1925, section 123D (5));\n\n(v) a development statement for the units plan that will, or is\nlikely to, affect the use or enjoyment of the unit;\n(vi) the size of a unit subsidiary for the unit, if the change is a\ndecrease of 10% or more and is not a type 1 matter;\n(vii) any other prescribed matter.\n(2) Subject to any disallowance or amendment under the Legislation Act,\nchapter 7, a regulation prescribing a matter for subsection (1) (a) (iv)\ncommences—\n(a) if there is a motion to disallow the regulation and the motion is\nnegatived by the Legislative Assembly—the day after the day\nthe disallowance motion is negatived; or\n(b) the day after the 6th sitting day after the day it is presented to\nthe Legislative Assembly under that chapter; or\n(c) if the regulation provides for a later date or time of\ncommencement—on that date or at that time.\n(3) In calculating a change for subsection (1), any potential variation\nmust be disregarded.\nexcluded change, in a disclosure statement for an off-the-plan\ncontract means a change to a development statement for the units plan\nin the disclosure statement—\n(a) because the territory planning authority has amended a\ndevelopment statement under the Unit Titles Act 2001,\nsection 30; and\n(b) that the buyer has agreed to under the Unit Titles Act 2001,\nsection 30 (2) or (4).\n\npotential variation, in relation to a disclosure statement, means\ninformation in the disclosure statement about the allowable change in\nthe layout or size of the unit, unit subsidiary or unit entitlement\nestimate.\n","sortOrder":66},{"sectionNumber":"260","sectionType":"section","heading":"Contract for sale of unit before registration of units plan","content":"260 Contract for sale of unit before registration of units plan\n(1) Before the buyer and seller enter an off-the-plan contract, the seller\nmust give the buyer a statement (the disclosure statement) including\nthe following matters:\n(a) a plan that shows—\n(i) the proposed location and dimensions of the unit in relation\nto other units and the common property in the units plan;\nand\n(ii) the internal floor plan of the unit; and\n(iii) anything else prescribed by regulation;\n(b) if a building management statement is required or is proposed\nfor a building, or part of a building, subdivided by the units\nplan—the building management statement;\nNote A building management statement is required for a unit title\napplication if the units plan subdivides part of a building that\nincludes a lease additional to the units plan lease (see Unit Titles\nAct 2001, s 17B).\n(c) a statement about the proposed use of each unit in the units plan\nshowing—\n(i) the full list of potential authorised uses under the lease for\nthe unit; and\n\n(ii) if the developer proposes to restrict the use of a unit to a\nsubset of the potential uses mentioned in\nsubparagraph (i)—\n(A) the proposed subset of uses that applies to the unit;\nand\n(B) the conditions (if any) applying to a stated use;\nNote A unit title application under the Unit Titles Act 2001 may\ninclude proposed restrictions on use (see that Act, s 17 (6)).\n(d) the proposed schedule of unit entitlement for the units plan;\n(e) details of each proposed unit subsidiary in the units plan,\nincluding the potential uses of the subsidiary;\n(f) a statement about the potential for, and type of, easements that\nmay be required for the units plan;\n(g) the proposed rules of the owners corporation for the units plan\nincluding any special privilege rule;\n(h) details of any contract the developer intends the owners\ncorporation to enter, including—\n(i) the amount of the buyer’s general fund contribution that\nwill be used to service the contract; and\n(ii) any personal or business relationship between the\ndeveloper and another party to the contract;\n(i) the developer’s estimate, based on reasonable grounds, of the\nbuyer’s general fund contribution for 2 years after the units plan\nis registered;\n(j) the method proposed for working out the contribution to be paid\ninto the general fund by each unit;\n(k) the method proposed for working out the contribution to be paid\ninto the sinking fund by each unit;\n\n(l) if a staged development of the units is proposed—the proposed\ndevelopment statement and any amendment to the statement;\n(m) any other matter prescribed by regulation in relation to the\nfollowing:\n(i) development approval for the building the subject of the\nproposed units plan under the Planning Act 2023;\n(ii) design and construction (including the identity of the\ndeveloper, licensed builder or design architect);\n(iii) sustainability infrastructure;\n(iv) provision of utility services.\nExamples—par (j) and par (k)\n1 the user pays principle\n2 unit entitlement value based on the market value of each unit\n3 fixed cost for each unit regardless of unit value\n(2) For subsection (1), the seller may give the disclosure statement by\nincluding some or all of the disclosure statement in the contract.\n(3) However, a seller does not contravene subsection (1) only because of\na matter included in the disclosure statement is inaccurate or\nincomplete.\nNote A seller who becomes aware of an inaccurate or incomplete matter in a\ndisclosure statement is required to notify the buyer of the matter (see\ns 260B).\nbuilding management statement—see the Land Titles Act 1925,\nsection 123C (1).\ndefault rules—see the Unit Titles (Management) Act 2011,\ndevelopment statement—see the Unit Titles Act 2001, dictionary.\n\ngeneral fund—see the Unit Titles (Management) Act 2011,\nsection 72.\ngeneral fund contribution—see the Unit Titles (Management)\nAct 2011, section 78 (1).\nproposed rules means—\n(a) the default rules; and\n(b) if the developer proposes to register alternative rules of the\nowners corporation under the Unit Titles (Management)\nAct 2011, section 27 or section 27A—a document compiling the\nproposed alternative rules.\nsinking fund—see the Unit Titles (Management) Act 2011,\nsection 81.\nspecial privilege rule—see the Unit Titles (Management) Act 2011,\nsection 112A (1).\nstaged development—see the Unit Titles Act 2001, section 17 (4).\n","sortOrder":67},{"sectionNumber":"260A","sectionType":"section","heading":"Disclosure statement provided late or not at all","content":"260A Disclosure statement provided late or not at all\n(a) 2 parties have entered into an off-the-plan contract; and\n(b) the seller did not give the buyer a disclosure statement as\nrequired under section 260 (1) before the parties entered into the\ncontract.\n(2) The buyer may, by written notice, rescind the contract—\n(a) if the seller has not given the buyer the disclosure statement—at\nany time before the contract is completed; or\n(b) if the seller gives the buyer the disclosure statement after the\ncontract is signed—within 21 days after the day the disclosure\nstatement is given to the buyer.\n\n","sortOrder":68},{"sectionNumber":"260B","sectionType":"section","heading":"Seller to notify material change to matter in disclosure","content":"260B Seller to notify material change to matter in disclosure\nstatement\ndisclosure statement under section 260; and\n(b) the seller becomes aware of a material change to a matter set out\nin the disclosure statement.\n(2) The seller must give the buyer a notice setting out the details of the\nmaterial change (a disclosure update notice), in writing—\n(a) no later than 10 working days after the end of the calendar\nquarter in which the seller first becomes aware of the material\nchange; but\n(b) at least 21 days before the day the buyer is required to complete\nthe contract.\n(3) The disclosure update notice must contain reasonably sufficient\ninformation to enable the buyer to work out whether the buyer will\nsuffer significant prejudice because of the material change.\n(4) For this section, a seller is taken to be aware of a material change to\na matter in the disclosure statement if the seller has actual knowledge,\nor ought reasonably to have knowledge, of the change.\ncalendar quarter means a 3-month period ending on the last day of\nMarch, June, September or December.\n\n","sortOrder":69},{"sectionNumber":"260C","sectionType":"section","heading":"Effect of disclosure update provided in time—type 1","content":"260C Effect of disclosure update provided in time—type 1\nmatter\ndisclosure update notice within the period required under\nsection 260B (2); and\n(b) the material change in the disclosure update notice is a type 1\nmatter; and\n(c) the buyer is significantly prejudiced because of the material\nchange.\n(3) The buyer must include in the written notice to the seller under\nsubsection (2) a summary of the significant prejudice suffered by the\nbuyer because of the material change.\n(4) If, at the end of the buyer action period, the buyer has not taken action\n","sortOrder":70},{"sectionNumber":"260D","sectionType":"section","heading":"Effect of disclosure update provided out of time—type 1","content":"260D Effect of disclosure update provided out of time—type 1\nmatter\ndisclosure update notice later than the period required under\nsection 260B (2); and\n\n(b) the material change in the disclosure update notice is a type 1\nmatter.\n(3) If, at the end of the buyer action period, the buyer has not taken action\n","sortOrder":71},{"sectionNumber":"260E","sectionType":"section","heading":"Effect of disclosure update—type 2 matter","content":"260E Effect of disclosure update—type 2 matter\ndisclosure update notice (whether or not in the period required\nunder section 260B (2)); and\n(b) the material change in the disclosure update notice is a type 2\nmatter; and\n(c) the buyer is significantly prejudiced because of the material\nchange.\n(3) The buyer must include in the written notice to the seller under\nsubsection (2) a summary of the significant prejudice suffered by the\nbuyer because of the material change.\n\n(4) If, at the end of the buyer action period, the buyer has not taken action\n","sortOrder":72},{"sectionNumber":"260F","sectionType":"section","heading":"Buyer action if no disclosure update notice","content":"260F Buyer action if no disclosure update notice\n(1) This section applies if a seller under an off-the-plan contract—\n(a) is required under section 260B to provide a disclosure update\nnotice to a buyer; and\n(b) does not provide the notice.\n(2) The buyer may rescind the contract by written notice given to the\nseller at any time before the contract is completed.\n(3) However, if the requirement mentioned in subsection (1) (a) relates\nto a material change that is a type 2 matter, the buyer—\n(a) may only take action under subsection (2) if the buyer is\nsignificantly prejudiced because of the material change; and\n(b) if taking action under subsection (2)—must include in the\nwritten notice to the seller a summary of the significant\nprejudice suffered by the buyer because of the material change.\n","sortOrder":73},{"sectionNumber":"260G","sectionType":"section","heading":"Seller to notify buyer of registration of units plan","content":"260G Seller to notify buyer of registration of units plan\n(1) The seller must, before an off-the-plan contract for a unit is\ncompleted, give the buyer of the unit a copy of—\n(a) the registered units plan; and\n(b) if there are alternative rules of the owners corporation registered\nunder the Land Titles (Unit Titles) Act 1970, section 27 or\nsection 27A—the alternative rules.\n(2) The buyer is not required to complete the contract earlier than 21 days\nafter the day the seller gives the buyer a copy of the documents\nmentioned in subsection (1).\n\nImplied warranties Division 2.9.3\n","sortOrder":74},{"sectionNumber":"260H","sectionType":"section","heading":"Evidentiary burden—notices","content":"260H Evidentiary burden—notices\nIn a legal proceeding arising out of, or connected with, an off-the-plan\ncontract, the seller bears the onus of proving that a notice required to\nbe given to a buyer under this division, including a disclosure\nstatement, was given to the buyer.\n","sortOrder":75},{"sectionNumber":"261","sectionType":"section","heading":"Meaning of implied warranties—div 2.9.3","content":"261 Meaning of implied warranties—div 2.9.3\nimplied warranties—see section 264.\n","sortOrder":76},{"sectionNumber":"262","sectionType":"section","heading":"Purpose—div 2.9.3","content":"262 Purpose—div 2.9.3\nThis division—\n(a) sets out warranties that are taken to be part of a contract for the\nsale of a unit; and\n(b) provides a right to rescind a contract for the sale of a unit.\n","sortOrder":77},{"sectionNumber":"264","sectionType":"section","heading":"Implied warranties","content":"264 Implied warranties\n(1) The warranties (the implied warranties) in this section are taken to\nbe part of a contract for the sale of a unit.\n(2) The seller of a unit warrants that, at the date of the contract—\n(a) to the seller’s knowledge, there are no unfunded latent or patent\ndefects in the common property or owners corporation assets,\nother than the following:\n(i) defects arising through fair wear and tear;\n(ii) defects disclosed in the contract; and\n(b) the owners corporation records do not disclose any defects to\nwhich the warranty in paragraph (a) applies; and\n\n(c) to the seller’s knowledge, there are no actual, contingent or\nexpected unfunded liabilities of the owners corporation that are\nnot part of the corporation’s normal operating expenses, other\nthan liabilities disclosed in the contract; and\n(d) the owners corporation records do not disclose any liabilities of\nthe corporation to which the warranty in paragraph (c) applies.\n(3) The seller of a unit who enters an off-the-plan contract warrants that\nthe information in the disclosure statement, including any matter\nincorporated in the disclosure statement by a disclosure update notice,\nis accurate.\n(4) The seller warrants that, at the completion of the contract, to the\nseller’s knowledge, there are no circumstances (other than\ncircumstances disclosed in the contract) in relation to the affairs of\nthe owners corporation likely to significantly prejudice the buyer.\n(5) For subsection (2), a seller is taken to have knowledge of a thing if\nthe seller has actual knowledge, or ought reasonably to have\nknowledge, of the thing.\n","sortOrder":78},{"sectionNumber":"265","sectionType":"section","heading":"Rescission of contract for sale of unit","content":"265 Rescission of contract for sale of unit\n(1) The buyer of a unit may, by written notice given to the seller, rescind\nthe contract for the sale of the unit if—\n(a) in relation to the implied warranty mentioned in\nsection 264 (3)—\n(i) there would be a breach of the implied warranty were the\ncontract completed at the time it is rescinded; and\n(ii) the buyer is significantly prejudiced by the breach; or\n(b) in relation to any other implied warranty—there would be a\nbreach of the implied warranty were the contract completed at\nthe time it is rescinded.\n\nImplied warranties Division 2.9.3\n(2) A written notice under subsection (1) must be given to the seller—\n(a) for an off-the-plan contract—\n(i) for a breach of an implied warranty mentioned in\nsection 264 (3)—at any time before the buyer is required\nto complete the contract; or\n(ii) in any other case—not later than 3 days before the buyer is\nrequired to complete the contract; or\n(b) in any other case—not longer than 14 days after the later of the\nfollowing happens:\n(i) the buyer and seller exchange contracts;\n(ii) another period agreed between the buyer and seller ends.\n(3) However, the buyer may not rescind the contract under this section\nonly because of the breach of an implied warranty related to an\namendment to the development statement that is an excluded change.\n","sortOrder":79},{"sectionNumber":"266","sectionType":"section","heading":"Claim for compensation","content":"266 Claim for compensation\n(1) This section applies if, before completion of a contract for the sale of\na unit, the buyer reasonably believes there would be a breach of an\nimplied warranty were the contract to be completed.\n(2) The buyer may, by written notice given to the seller—\n(a) tell the seller—\n(i) about the breach; and\n(ii) that the buyer will complete the contract; and\n(b) claim compensation for the breach.\n(3) A notice under this section must be given—\n(a) if the contract for the unit is entered before the units plan for the\nunit is registered—not later than 3 days before the buyer is\nrequired to complete the contract; or\n\n(b) in any other case—not later than 14 days after the later of the\nfollowing happens:\n(i) the buyer’s copy of the contract is received by the buyer;\n(ii) another period agreed between the buyer and seller ends.\n(4) The buyer may not claim compensation under this section only\nbecause the breach of the implied warranty relates to an amendment\nto the development statement that is an excluded change.\n","sortOrder":80},{"sectionNumber":"267","sectionType":"section","heading":"Operation of part cannot be excluded etc","content":"267 Operation of part cannot be excluded etc\n(1) A provision of a contract for the sale of a unit, or any other agreement\nor arrangement, is void if it would, apart from this subsection, have\nthe effect of excluding, changing or restricting the operation of this\npart.\n(2) This part does not affect any right or remedy available otherwise than\nunder this part.\n","sortOrder":81},{"sectionNumber":"268","sectionType":"section","heading":"Rescission—effect","content":"268 Rescission—effect\nIf the buyer rescinds a contract under this part, the seller must repay\nany amount paid by the buyer to the seller under the contract.\n\nNote to ch 3\nIn this chapter, a reference to a mortgage includes a reference to a charge on\nproperty for securing money or moneys worth (see dict, def mortgage).\n","sortOrder":82},{"sectionNumber":"300","sectionType":"section","heading":"Application—pt 3.1","content":"300 Application—pt 3.1\n(1) This part applies to mortgages made to secure an amount advanced or\nto be advanced as a loan, or to secure an existing or future debt.\n(2) The powers given under this part are subject to anything provided in\nthe mortgage.\n(3) The powers given under this part have the same effect as express\npowers to the same effect in the mortgage would have had and no\nmore.\n","sortOrder":83},{"sectionNumber":"301","sectionType":"section","heading":"Powers incidental to mortgages","content":"301 Powers incidental to mortgages\n(1) If a mortgage is made in writing, the mortgagee has, because of this\nAct, the following powers:\n(a) a power to sell or agree with someone else to sell all or any part\nof the mortgaged property;\n(b) a power to appoint or have appointed, in accordance with this\npart, a receiver of the income of all or any part of the property;\n(c) a power to insure from loss or damage all or any part of the\nproperty and to add the premiums paid for the insurance to the\nprincipal secured at the same rate of interest.\n\n(2) The power of sale under subsection (1) includes the following\npowers:\n(a) a power to sell the property by public auction or private contract\non any reasonable conditions the mortgagee considers\nappropriate;\n(b) a power to rescind or vary contracts for sale;\n(c) a power to buy in and resell the property with all the powers of\nsale given by this section.\n(3) A mortgagee must not exercise the power given by subsection (1) (a)\nor (b) until—\n(a) 1 year after the day the principal becomes payable under the\nmortgage; or\n(b) interest on the principal has been in arrears for longer than\n6 months.\n(4) A mortgagee may exercise the power given by subsection (1) (c) only\nif the mortgagor has failed to pay a premium for insurance that the\nmortgagor is by the mortgage obliged to pay.\n","sortOrder":84},{"sectionNumber":"302","sectionType":"section","heading":"Receipt for purchase money sufficient discharge","content":"302 Receipt for purchase money sufficient discharge\n(1) A receipt for purchase money given by a mortgagee exercising the\npower of sale given under this part is sufficient discharge to the\npurchaser.\n(2) The purchaser need not be concerned with the application of the\npurchase money.\n","sortOrder":85},{"sectionNumber":"303","sectionType":"section","heading":"Notice of sale","content":"303 Notice of sale\nA sale of property may be made under this part only if the person, or\n1 of the people, entitled to the property has been given 6 months\nwritten notice.\n\n","sortOrder":86},{"sectionNumber":"304","sectionType":"section","heading":"Purported exercise of power of sale","content":"304 Purported exercise of power of sale\n(1) If a sale is purportedly made under this part, the purchaser’s title must\nnot be questioned on the ground that—\n(a) no circumstances had arisen to permit the sale; or\n(b) the notice required by section 303 had not been given.\n(2) If a person suffers loss because of an unauthorised sale under this part,\nthe person may recover damages from the mortgagee.\n","sortOrder":87},{"sectionNumber":"305","sectionType":"section","heading":"Application of purchase money by mortgagee","content":"305 Application of purchase money by mortgagee\n(1) The amount received from a sale under this part must be applied by\nthe mortgagee as follows:\n(a) first, in payment of the expenses incidental to the sale or\nincurred in any attempted sale;\n(b) second, in discharge of the interest and costs then owing in\nrelation to the mortgage because of which the sale was made;\n(c) third, in discharge of the principal then owing under the\nmortgage;\n(d) finally, in payment of the balance to or on behalf of the person\nentitled to the property mortgaged.\n(2) To remove any doubt, this section is subject to the Taxation\nAdministration Act 1999, section 56H (Tax payable is charge on\nland).\n","sortOrder":88},{"sectionNumber":"306","sectionType":"section","heading":"Property that may be transferred to purchaser","content":"306 Property that may be transferred to purchaser\nA mortgagee exercising a power of sale over property under this part\nmay transfer to the purchaser, in writing, all the interest in the\nproperty that the mortgagor could dispose of.\n\n","sortOrder":89},{"sectionNumber":"307","sectionType":"section","heading":"Mortgagee may call for documents relating to property","content":"307 Mortgagee may call for documents relating to property\nAt any time after the power of sale under this part has become\nexercisable, the mortgagee may demand and recover from anyone\n(other than a person having an interest in the mortgaged property that\nhas priority to the mortgage) every document relating to the property\nthat a purchaser under the power of sale would have been entitled to\ndemand and recover from the person.\n","sortOrder":90},{"sectionNumber":"308","sectionType":"section","heading":"Appointment of receiver","content":"308 Appointment of receiver\n(1) A mortgagee entitled to appoint a receiver, or have a receiver\nappointed, under this part may appoint the receiver, or have the\nreceiver appointed, in accordance with this section.\n(2) If the mortgage document nominates the person to be appointed\nreceiver, the mortgagee may appoint that person to be the receiver.\n(3) If the mortgage document does not nominate the person to be\nappointed receiver, the mortgagee may, by written notice given to the\nperson entitled to the mortgaged property, require the person to\nappoint an appropriate person to be the receiver not later than 10 days\nafter the day the notice is given.\n(4) A notice under subsection (3) may be given to the person entitled to\nthe mortgaged property—\n(a) by giving the notice to the person entitled to the property, or, if\n2 or more people are entitled to the property, to any of them; or\n(b) by attaching the notice to a conspicuous part of the mortgaged\nproperty.\n(5) If a notice under subsection (3) is given to the person entitled to\nmortgaged property in accordance with subsection (4) and the person\nfails to appoint an appropriate person to be the receiver not later than\n10 days after the day the notice is given, the mortgagee may appoint\na person the mortgagee considers appropriate to be the receiver.\n\n","sortOrder":91},{"sectionNumber":"309","sectionType":"section","heading":"Receiver taken to be agent of mortgagor","content":"309 Receiver taken to be agent of mortgagor\nA receiver appointed under this part is taken to be the agent of the\nmortgagor and the mortgagor is solely responsible for the receiver’s\nacts or omissions, unless the document creating the mortgage\nprovides otherwise.\n","sortOrder":92},{"sectionNumber":"310","sectionType":"section","heading":"Powers of receiver","content":"310 Powers of receiver\n(1) A person appointed as receiver under this part may demand and\nrecover all the income of which the person is appointed receiver, by\nproceeding or otherwise, in the name of either the mortgagor or the\nmortgagee to the full extent of the interest that the mortgagor could\ndispose of.\n(2) The person may give valid receipts for the income of which the person\nis appointed receiver.\n","sortOrder":93},{"sectionNumber":"311","sectionType":"section","heading":"Ending appointment of receiver etc","content":"311 Ending appointment of receiver etc\n(1) The power under this part to appoint a receiver includes power to end\nthe appointment and appoint someone else.\n(2) The power to end the appointment of a receiver and appoint a new\nreceiver is exercisable in the same way, and under the same\nconditions, as the power to make the first appointment.\n(3) The Legislation Act, part 19.3 (which deals with appointments) does\nnot apply to the appointment of a receiver.\n","sortOrder":94},{"sectionNumber":"312","sectionType":"section","heading":"Commission to receiver","content":"312 Commission to receiver\n(1) A receiver appointed under this part is not entitled to the payment of\ncosts, charges or expenses but is instead entitled to a commission on\nthe money received.\n(2) The commission to which the receiver is entitled is the amount, not\nmore than 8% of the gross amount of all money received, stated in\nthe receiver’s appointment or, if no amount is stated in the\nappointment, 4% of the gross amount.\n\n","sortOrder":95},{"sectionNumber":"313","sectionType":"section","heading":"Receiver to insure if required","content":"313 Receiver to insure if required\n(1) The mortgagee may, in writing, direct a receiver appointed under this\npart to insure and keep insured from loss or damage all or a stated part\nof the property included in the mortgage (whether or not a fixture) so\nfar as it is insurable.\n(2) The receiver must comply with the direction.\n","sortOrder":96},{"sectionNumber":"314","sectionType":"section","heading":"Application of amounts received by receiver","content":"314 Application of amounts received by receiver\nAmounts received by a receiver appointed under this part must be\napplied as follows:\n(a) first, in discharge of all taxes, rates and assessments, in payment\nof the receiver’s commission, and in payment of insurance\npremiums;\n(b) second, in discharge of the interest then owing under the\nmortgage because of which the receiver was appointed;\n(c) third, in discharge of the principal then owing under the\nmortgage;\n(d) finally, in payment of the balance to or on behalf of the person\nentitled to the property mortgaged.\n\nMortgages—other provisions Part 3.2\n","sortOrder":97},{"sectionNumber":"315","sectionType":"section","heading":"Effect of repayment on ejectment by mortgagee","content":"315 Effect of repayment on ejectment by mortgagee\n(1) This section applies if a proceeding for ejectment is brought by a\nmortgagee for possession of mortgaged property and no proceeding\nis pending for—\n(a) foreclosure of the mortgagor’s equity of redemption; or\n(b) redemption of the mortgaged property.\n(2) If the mortgagor appears as a defendant in the proceeding and pays\nthe outstanding amount to the mortgagee or into court, the amount\npaid is taken to be full satisfaction and discharge of the mortgage.\n(3) On the payment of the outstanding amount in accordance with this\nsection—\n(a) each mortgagor or defendant in the proceeding is discharged\nfrom liability for the amount; and\n(b) the court must order the mortgagee, at the mortgagor’s cost, to—\n(i) give the mortgagor a discharge of the mortgage under the\nLand Titles Act 1925, section 101 or transfer the interest of\nthe mortgagee in the mortgaged property to the mortgagor;\nand\n(ii) give all documents of title to the mortgaged property that\nare in the possession or control of the mortgagee to the\nmortgagor.\n(4) This section does not affect a subsequent mortgage or encumbrance.\noutstanding amount, for a mortgage, means the total of—\n(a) the amount of the principal of the mortgage that has not been\nrepaid; and\n\n(b) the interest payable under the mortgage; and\n(c) the reasonable costs and expenses of the mortgagee in the\nproceeding for ejectment.\n","sortOrder":98},{"sectionNumber":"316","sectionType":"section","heading":"Section 315 not to apply in certain cases","content":"316 Section 315 not to apply in certain cases\nSection 315 does not apply to a proceeding for ejectment if—\n(a) before the outstanding amount is paid under section 315 (2) of\nthat section, the mortgagee asserts in writing given to the\nmortgagor—\n(i) that the mortgagor does not have a right of redemption; or\n(ii) that the mortgaged property is chargeable with a principal\ndifferent from that stated in the mortgage or admitted to by\nthe mortgagor; or\n(b) there is a dispute between defendants in the proceeding about\nthe right of redemption.\n","sortOrder":99},{"sectionNumber":"317","sectionType":"section","heading":"Redemption if mortgagee absent or unknown","content":"317 Redemption if mortgagee absent or unknown\n(a) a person entitled to receive payment of all or part of a debt\nsecured by a mortgage—\n(i) cannot be found; or\n(ii) is unknown; or\n(b) it is uncertain who is entitled to receive all or part of the debt\nsecured by a mortgage.\n(2) On application by the person entitled to redeem the mortgaged\nproperty, the Supreme Court may, by order, direct that—\n(a) the amount of the debt secured by the mortgage, or part of it, be\nworked out in the way the court directs; and\n\nMortgages—other provisions Part 3.2\n(b) the amount worked out be paid into court.\n(3) A certificate of the registrar of the Supreme Court that a payment into\ncourt was ordered to be made under subsection (2) (b) and has been\nmade may be registered with the registrar-general.\n(4) On registration, the amount paid is a discharge of the mortgage debt,\nor part of it, to the extent of the amount paid.\n(5) However, an amount that is eventually shown by the person entitled\nto the mortgage debt, or a part of it, to have been in fact owing in\naddition to the amount paid into court continues to be a debt owing\non the mortgage.\n(6) On application by the person entitled to an amount paid into court\nunder subsection (2) (b), the Supreme Court may order the amount be\npaid to the person.\n(7) However, an amount must not be paid under subsection (6) until the\nregistrar of the Supreme Court is satisfied that the mortgage\ndocument and all documents of title that were given by the mortgagor\nto the mortgagee for the mortgage have been given to the person who\npaid the amount into court.\n(8) If the amount of principal and interest owing under a mortgage is paid\ninto court under this section and is afterwards paid under an order of\nthe Supreme Court to the person mentioned in the order, the order\noperates as a discharge of mortgage of any land subject to the\nmortgage.\n(9) An order mentioned in subsection (8) takes effect as a discharge of\nmortgage only when it has been registered by the registrar-general.\n\n","sortOrder":100},{"sectionNumber":"400","sectionType":"section","heading":"Lessee’s obligations attach to reversion","content":"400 Lessee’s obligations attach to reversion\n(1) The rent provided for by a lease, the benefit of every provision of the\nlease relating to the subject matter of the lease that is to be complied\nwith by the lessee, and every condition of re-entry and other condition\nof the lease, is attached to, and goes with, the reversionary estate in\nthe land (and in any part of the land) immediately expectant on the\nterm granted by the lease, despite any severance of the reversionary\nestate.\n(2) Any rent, provision or condition mentioned in subsection (1) may be\nrecovered, received, enforced or taken advantage of by the person\nfrom time to time entitled (the entitled person), subject to the term\ngranted by the lease, to the income of all or a part of the land leased.\n(3) The entitled person may recover, receive, enforce or take advantage\nof the rent, provision or condition even though the person becomes\nentitled to the reversionary interest after the condition of re-entry or\nforfeiture has become enforceable.\n(4) This section does not make enforceable by a person a condition of re-\nentry or forfeiture, or any other condition, that had been waived or\nreleased before the person became entitled to enforce the condition.\n(5) This section applies to—\n(a) a lease granted on or after 26 June 1986; and\n(b) a lease granted before 26 June 1986, but only in relation to rent\naccruing due on or after that day and to the benefit of a condition\nof re-entry or forfeiture for a breach of a provision of the lease\ncommitted on or after that day.\n\nLeases—general provisions Part 4.1\nLessee’s and lessor’s obligations Division 4.1.1\n","sortOrder":101},{"sectionNumber":"401","sectionType":"section","heading":"Lessor’s obligations to run with reversion","content":"401 Lessor’s obligations to run with reversion\n(1) If land is leased, the obligation imposed on the lessor by a provision\nof the lease relating to the subject matter of the lease—\n(a) is, so far as the lessor had power to bind the reversionary estate\nexpectant on the term granted by the lease, attached to, and goes\nwith, the reversionary estate in the land (and in every part of the\nland); and\n(b) may be enforced or taken advantage of by the person in whom\nthe term is from time to time vested; and\n(c) may, so far as the lessor had power to bind the person from time\nto time entitled to the reversionary estate, be enforced, and taken\nadvantage of, against a person so entitled.\n(2) This section applies to—\n(a) a lease granted on or after 26 June 1986; and\n(b) a breach committed on or after 26 June 1986 of a provision in a\nlease granted before that day.\n","sortOrder":102},{"sectionNumber":"402","sectionType":"section","heading":"Lessee to give notice of ejectment to lessor","content":"402 Lessee to give notice of ejectment to lessor\n(1) This section applies to a lessee of premises against whom a\nproceeding for ejectment is begun.\n(2) The lessee must give notice of the proceeding to the lessor or the\nlessor’s agent immediately after being served with the originating\nprocess for the proceeding.\n(3) A lessee who contravenes subsection (2) is liable to the lessor for any\ndamage suffered by the lessor because of the failure.\n(4) This section does not—\n(a) apply to a lessee who holds the premises leased under—\n(i) a residential tenancy agreement under the Residential\n\n","sortOrder":103},{"sectionNumber":"Div 4","sectionType":"division","heading":"1.2 Renewal of headlease without surrender of sublease","content":"Division 4.1.2 Renewal of headlease without surrender of sublease\n(ii) a lease under the Leases (Commercial and Retail)\nAct 2001; or\n(iii) a residence contract under the Retirement Villages\nAct 2012; or\n(5) Subsection (4) (b) has effect despite the Legislation Act, section 121\nDivision 4.1.2 Renewal of headlease without\nsurrender of sublease\n","sortOrder":104},{"sectionNumber":"403","sectionType":"section","heading":"Renewal of headlease","content":"403 Renewal of headlease\n(1) This section applies to a lease from which subleases have been\nderived.\n(2) If a lease is surrendered for renewal and a new lease is granted by the\nhead lessor without a surrender of 1 or more of the subleases, the new\nlease is as valid for all purposes as if the subleases had been\nsurrendered for renewal at or before the grant of the new lease.\n","sortOrder":105},{"sectionNumber":"404","sectionType":"section","heading":"Rights on renewal","content":"404 Rights on renewal\nWhen a new lease is granted on the surrender of a lease (the original\nlease)—\n(a) a person in whom an estate for the life of the lessee, or for a\nfixed term, is vested by the new lease—\n(i) is entitled to the rents payable under a sublease derived\nfrom the original lease; and\n(ii) is entitled to have the obligations and duties imposed on\nthe sublessee by a sublease derived from the original lease\nproperly performed; and\n\nLeases—general provisions Part 4.1\nRenewal of headlease without surrender of sublease Division 4.1.2\n(iii) is entitled to the same remedies for the recovery of the\nrents, or for a breach of the obligations or duties, as if the\noriginal lease had not been surrendered but had remained\nin force; and\n(b) a sublessee under a sublease derived from the original lease\ncontinues to hold the lands sublet as if the original lease had not\nbeen surrendered but had remained in force; and\n(c) the head lessor is entitled to the same remedies by way of entry\non the lands sublet by a sublease derived from the original lease,\nfor rents payable under the new lease or for breaches of the\nobligations and duties imposed by the new lease (so far as the\nrents, obligations and duties are not greater than the rents\npayable under, or the obligations and duties imposed by, the\noriginal lease), as the head lessor would have if the original lease\nhad not been surrendered but had remained in force or if each\nsublease derived from the original lease had been surrendered\nand regranted under the new lease.\n\nPart 4.2 Leases to and for children and for absent lessors\nPart 4.2 Leases to and for children and\nfor absent lessors\n405 Leases for children\n(a) a child is entitled to a lease of premises; and\n(b) the child, or someone for the child, applies to the Supreme Court\nfor an order under this section.\n(2) The Supreme Court may, by order, direct a nominated person to—\n(a) surrender the lease; and\n(b) accept instead a lease of the premises to be held by the\nnominated person for the child’s benefit.\n(3) A lease mentioned in subsection (2) (b) must be held—\n(a) on the same terms as the surrendered lease would have been held\nexcept so far as the Supreme Court orders otherwise; and\n(b) for the same purposes as the surrendered lease would have been\nheld; and\n(c) subject to the same trusts, charges, encumbrances, dispositions\nand arrangements as the surrendered lease would have been\nheld.\n","sortOrder":106},{"sectionNumber":"406","sectionType":"section","heading":"Costs of lease authorisation application for child","content":"406 Costs of lease authorisation application for child\n(1) If an order is made under section 405 (2) in relation to a lease for a\nchild, the costs of the order must be paid from the child’s property as\nthe Supreme Court orders.\n(2) The costs of an order mentioned in subsection (1) include—\n(a) the costs of the application for the order; and\n\nLeases to and for children and for absent lessors Part 4.2\n(b) the costs of surrendering the lease the child was entitled to; and\n(c) the costs of obtaining the substitute lease including any fine,\npremium or other amount paid for the lease.\n","sortOrder":107},{"sectionNumber":"407","sectionType":"section","heading":"Renewal of leases by children","content":"407 Renewal of leases by children\n(a) a child could, under a lease or other agreement or arrangement,\nbe compelled to renew a lease if the child were not a child; and\n(b) 1 of the following people applies to the Supreme Court for the\nrenewal:\n(i) the child;\n(ii) someone for the child;\n(iii) a person entitled to the renewal of the lease.\n(2) The Supreme Court may, by order, direct a nominated person to\nrenew the lease for the child and, if necessary for the renewal of the\nlease, accept the surrender of an existing lease.\n(3) A renewal of a lease under an order under subsection (2) must, except\nso far as the Supreme Court orders otherwise, be in accordance with\nthe right of renewal.\n","sortOrder":108},{"sectionNumber":"408","sectionType":"section","heading":"Renewal of leases for people not amenable to process","content":"408 Renewal of leases for people not amenable to process\n(a) a person who is outside the ACT, and not amenable to the\nprocess of the Supreme Court, could be compelled to renew a\nlease if the person were in the ACT and amenable to the process\nof the court; and\n(b) the person (or any of the people) entitled to the renewal of the\nlease applies to the Supreme Court for the renewal.\n\n","sortOrder":109},{"sectionNumber":"Part 4","sectionType":"part","heading":"2 Leases to and for children and for absent lessors","content":"Part 4.2 Leases to and for children and for absent lessors\n(2) The Supreme Court may direct a nominated person to renew the lease\nand, if necessary for the renewal of the lease, accept the surrender of\nan existing lease.\n","sortOrder":110},{"sectionNumber":"409","sectionType":"section","heading":"Preconditions for grant or renewal of lease to be satisfied","content":"409 Preconditions for grant or renewal of lease to be satisfied\n(1) A lease must not be granted or renewed under this part until—\n(a) any fine or other amount required to be paid for the grant or\nrenewal of the lease has been paid; and\n(b) anything required to be done before the lease is granted or\nrenewed has been done.\n(2) A lease or a renewal of a lease to be granted under this part must be\nproperly executed by the lessee.\n","sortOrder":111},{"sectionNumber":"410","sectionType":"section","heading":"Application of amounts paid for lease renewal under","content":"410 Application of amounts paid for lease renewal under\npt 4.2\nAn amount paid for the renewal of a lease under section 407 (Renewal\nof leases by children) or section 408 (Renewal of leases for people\nnot amenable to process) must, after deducting the costs and expenses\npayable for the renewal, be applied as the Supreme Court directs.\n","sortOrder":112},{"sectionNumber":"411","sectionType":"section","heading":"Validity of surrenders and leases under pt 4.2","content":"411 Validity of surrenders and leases under pt 4.2\nA lease or other disposition, or a surrender of a lease, granted, made\nor accepted under this part is as valid as if the person by or for whom\nit was granted, made or accepted had been an adult without a\ndisability who had personally granted, made or accepted it.\n","sortOrder":113},{"sectionNumber":"412","sectionType":"section","heading":"Costs of applications under pt 4.2","content":"412 Costs of applications under pt 4.2\nThe Supreme Court may order that the costs and expenses of, or\nresulting from, an application under this part be raised from the\npremises or leasehold interest in relation to which the application is\nmade in a way the court considers appropriate.\n\nBreach of insurance provisions Part 4.3\n","sortOrder":114},{"sectionNumber":"413","sectionType":"section","heading":"Application—pt 4.3","content":"413 Application—pt 4.3\nThis part applies to—\n(a) a lease for a fixed term, whether or not the lease may be\nterminated before the end of the fixed term; and\n(b) a lease for the life of the lessee.\n","sortOrder":115},{"sectionNumber":"414","sectionType":"section","heading":"Relief against forfeiture for failure to insure","content":"414 Relief against forfeiture for failure to insure\n(1) The Supreme Court may, on application by a lessee under a lease,\ngrant the lessee relief against forfeiture of the lease for breach of a\nprovision of the lease requiring the lessee to insure the leased property\nagainst loss or damage if—\n(a) no loss or damage to which the insurance would have applied\nhas happened; and\n(b) insurance of the kind required by the lease is in effect at the time\nof the application.\n(2) The Supreme Court may grant the relief on conditions.\n","sortOrder":116},{"sectionNumber":"415","sectionType":"section","heading":"Record of relief granted","content":"415 Record of relief granted\nIf the Supreme Court grants relief under section 414 in relation to a\nlease, the court may order that a record of the relief having been\ngranted be endorsed on the lease or be made in some other way.\n","sortOrder":117},{"sectionNumber":"416","sectionType":"section","heading":"Limit on relief","content":"416 Limit on relief\nThe Supreme Court must not grant relief to a person under this part\nin relation to a lease if—\n(a) the court has already granted relief to the person under the part\nin relation to the same provision of the lease; or\n\n(b) a forfeiture of the lease under the same provision has already\nbeen waived for the person other than in a court proceeding.\n","sortOrder":118},{"sectionNumber":"417","sectionType":"section","heading":"Noncomplying insurance","content":"417 Noncomplying insurance\n(1) In this section:\ncomplying insurance, in relation to a lease or mortgage of a lease,\nmeans insurance against loss of or damage to any of the leased\nproperty required by the insurance provisions of the lease or\nmortgage.\ninsurance provisions, of a lease or mortgage of a lease, means\nprovisions of the lease or mortgage requiring the lessee or mortgagor\nto insure any of the leased property against loss or damage.\nnoncomplying insurance, in relation to a lease or mortgage of a lease,\nmeans insurance against loss of or damage to any of the leased\nproperty that was obtained by the lessee or mortgagor to cover his or\nher interest in the property and that does not comply with the\ninsurance provisions of the lease or mortgage.\n(2) The person entitled to the benefit of insurance provisions of a lease\nor mortgage of a lease has the same rights in relation to noncomplying\ninsurance of any of the leased property as the person would have in\nrelation to complying insurance of the property.\n","sortOrder":119},{"sectionNumber":"418","sectionType":"section","heading":"Protection of purchaser of leasehold against forfeiture","content":"418 Protection of purchaser of leasehold against forfeiture\n(1) This section applies in relation to a lease containing a provision (the\ninsurance provision) requiring the lessee to insure any of the leased\nproperty against loss or damage.\n\nBreach of insurance provisions Part 4.3\n(2) An honest purchaser of the leasehold interest under the lease is not\nliable to forfeiture, for damages or in any other way for a breach of\nthe insurance provision that happened before completion of the\npurchase if—\n(a) the purchaser was given the written receipt of the person entitled\nto receive the rent for the last payment of rent owing before\ncompletion of the purchase; and\n(b) there was, at the time of completion of the purchase, insurance\nthat complied with the insurance provision.\n(3) This section does not affect any remedy the lessor has against a lessee\nfor breach of the insurance provision.\n\nPart 4.4 Restriction of effect of licence or waiver by lessor\nPart 4.4 Restriction of effect of licence or\nwaiver by lessor\n419 Application—pt 4.4\n(1) This part applies to—\n(a) a lease for a fixed term, whether or not the lease may be\nterminated before the end of the fixed term; and\n(b) a lease for the life of the lessee.\n(2) This part does not—\n(a) apply to a residential tenancy agreement under the Residential\n(3) Subsection (2) (b) has effect despite the Legislation Act, section 121\n","sortOrder":120},{"sectionNumber":"420","sectionType":"section","heading":"Effect of licence given to lessee","content":"420 Effect of licence given to lessee\n(1) If a lessee is given licence to do an act that contravenes a provision\nof the lease, the licence, unless otherwise expressed, extends only\nto—\n(a) the permission actually given; or\n(b) the particular breach of the provision; or\n(c) anything else specifically authorised to be done by the licence.\n(2) The licence does not prevent a proceeding for a later breach of a\nprovision of the lease unless the licence specifically authorises the\nbreach.\n\nRestriction of effect of licence or waiver by lessor Part 4.4\n(3) Despite the licence—\n(a) all rights under the provisions of the lease remain in force and\nare available against a subsequent breach of the provisions not\nspecifically authorised or waived by the licence in the same way\nas if the licence had not been given; and\n(b) the provision of the lease in relation to which the licence was\ngiven remains in force as if the licence had not been given,\nexcept in relation to the particular thing authorised to be done.\n","sortOrder":121},{"sectionNumber":"421","sectionType":"section","heading":"Operation of partial licences","content":"421 Operation of partial licences\n(1) This section applies if a licence gives a power of re-entry on a lessee\nassigning, subletting or doing another specified act without licence\nand licence is given—\n(a) to 1 of 2 or more lessees to assign or sublet the lessee’s share or\ninterest or to do another act prohibited without licence; or\n(b) to a lessee, or 1 of 2 or more lessees, to assign or sublet part only\nof the property, or to do an act prohibited without licence in\nrelation to part only of the property.\n(2) The licence does not extinguish the right of entry for a breach of a\nprovision of the lease by co-lessees of the other shares or interests in\nthe property, or by the lessee or lessees of the rest of the property, in\nrelation to those shares or interests or the rest of the property, but the\nright of entry remains in force in relation to the shares, interests or\nproperty not subject to the licence.\n\nPart 4.4 Restriction of effect of licence or waiver by lessor\n","sortOrder":122},{"sectionNumber":"422","sectionType":"section","heading":"Apportionment of conditions of entry on severance","content":"422 Apportionment of conditions of entry on severance\n(1) This section applies if the reversion of a lease is severed and the rent\nor other reservations under the lease are apportioned among the\nreversionary interests.\n(2) The assignee of a part of the reversion is, in relation to the apportioned\nrent or other reservation allotted to the assignee, entitled to the benefit\nof all the powers of re-entry for nonpayment of the rent or failure to\nrender the other reservation in the same way as if the powers of re-\nentry had been given to the assignee as incident to the assignee’s part\nof the reversion in relation to the rent or other reservation allotted to\nthe assignee.\n","sortOrder":123},{"sectionNumber":"423","sectionType":"section","heading":"Waiver of benefit of lease provision","content":"423 Waiver of benefit of lease provision\nIf a lessor waives the benefit of a provision of the lease in a particular\ninstance, the waiver is not taken—\n(a) to extend to an instance, or a breach of a provision of the lease,\nother than that to which the waiver specially relates; or\n(b) to operate as a general waiver of the benefit of the provision.\n\nForfeiture of leases Part 4.5\n","sortOrder":124},{"sectionNumber":"424","sectionType":"section","heading":"Definitions—pt 4.5","content":"424 Definitions—pt 4.5\nlease includes—\n(a) a sublease; and\n(b) an agreement for a lease if the person to be the lessee is entitled\nto have the lease granted.\nlessee includes a sublessee.\nlessor includes a sublessor.\nsublease includes an agreement for a sublease if the person to be the\nsublessee is entitled to have the sublease granted.\n","sortOrder":125},{"sectionNumber":"425","sectionType":"section","heading":"Application—pt 4.5","content":"425 Application—pt 4.5\n(1) This part applies to a lease despite any provision of the lease to the\ncontrary.\n(2) However, this part does not apply to a residential tenancy agreement\nunder the Residential Tenancies Act 1997.\n","sortOrder":126},{"sectionNumber":"426","sectionType":"section","heading":"Restrictions on re-entry or forfeiture","content":"426 Restrictions on re-entry or forfeiture\n(1) A right of re-entry or forfeiture under a lease for breach of a provision\nof the lease is not enforceable by proceeding or otherwise unless—\n(a) the lessor gives the lessee a notice—\n(i) specifying the breach; and\n(ii) requiring the lessee to pay compensation for the breach;\nand\n(iii) if the breach can be remedied—requiring the lessee to\nremedy the breach; and\n\n(b) the lessee fails within a reasonable time after being given the\nnotice—\n(i) to pay reasonable compensation for the breach; and\n(ii) if the breach can be remedied—to remedy the breach.\nNote If a form is approved under s 502 for a notice, the form must be used.\n(2) If the lessor under a lease seeks to enforce, by proceeding or\notherwise, a right of re-entry or forfeiture under the lease for breach\nof a provision of the lease, the lessee may apply to the Supreme Court\nfor relief.\n(3) If the lessee applies to the Supreme Court for relief, the court may\ngrant or refuse relief.\n(4) If the Supreme Court grants relief, it may grant relief on the\nconditions it considers appropriate, including the granting of an\ninjunction to restrain similar breaches of the lease in the future.\n(5) This section does not apply in relation to—\n(a) a lease granted by the Territory or the Commonwealth; or\n(b) a lease for a term of 1 year or less; or\n(c) a provision of a lease for forfeiture on the bankruptcy of the\nlessee; or\n(d) the taking of the lessee’s interest in execution; or\n(e) re-entry or forfeiture for nonpayment of rent.\n(6) For this section, the term of a lease limited to continue only while the\nlessee does not breach the lease is taken to be the term for which the\nlease could continue apart from a breach.\n\nForfeiture of leases Part 4.5\n","sortOrder":127},{"sectionNumber":"427","sectionType":"section","heading":"Notices under s 426 (1)","content":"427 Notices under s 426 (1)\n(1) A notice under section 426 (1) must be in writing.\n(2) If the lessee is not in the ACT, the notice may be given to the lessee\nby serving it personally on the lessee’s lawyer or agent in the ACT.\n(3) Subsection (2) does not limit any other territory law that allows\nservice of the notice in another way.\n","sortOrder":128},{"sectionNumber":"428","sectionType":"section","heading":"Protection of sublessees","content":"428 Protection of sublessees\n(1) If the lessor under a lease seeks to enforce, by proceeding or\notherwise, a right of re-entry or forfeiture under the lease for breach\nof a provision of the lease, a person (the interested person) claiming\nan interest in all or part of the leased property as sublessee may apply\nto the Supreme Court for relief.\n(2) If the interested person applies to the Supreme Court for relief, the\ncourt may grant or refuse relief.\n(3) Without limiting subsection (2), the Supreme Court may stay a\nproceeding brought by the lessor to enforce the right of re-entry or\nforfeiture under the lease and vest all or a part of the leased property\nin the interested person as sublessee, or in any other capacity, for a\nterm not longer than the term of the lease.\n(4) If the Supreme Court grants relief, it may grant relief on the\nconditions it considers appropriate.\n(5) For this section, the term of a lease limited to continue only while the\nlessee does not breach the lease is taken to be the term for which the\nlease could continue apart from a breach.\n\nPart 4.6 Leases invalidly granted under\npowers\n","sortOrder":129},{"sectionNumber":"429","sectionType":"section","heading":"Pt 4.6 does not bind the Territory","content":"429 Pt 4.6 does not bind the Territory\n(1) This part does not bind the Territory.\n(2) This section has effect despite the Legislation Act, section 121\n","sortOrder":130},{"sectionNumber":"430","sectionType":"section","heading":"Leases taken to be granted in intended exercise of power","content":"430 Leases taken to be granted in intended exercise of power\nIf—\n(a) a valid power of leasing is vested in or may be exercised by a\nperson granting a lease; and\n(b) the lease cannot have effect, or continue to have effect,\naccording to its terms independently of the power (because of\nthe ending of the estate or interest of the person or otherwise);\nthe lease is, for this part, taken to be granted in the intended exercise\nof the power, even though the power is not mentioned in the lease.\n","sortOrder":131},{"sectionNumber":"431","sectionType":"section","heading":"Certain invalid leases taken to be agreements to lease","content":"431 Certain invalid leases taken to be agreements to lease\n(a) in the intended exercise of a power to lease property, a lease is\ngranted that is invalid against—\n(i) the person entitled to the reversionary interest in the\nproperty at the end of the interest of the person granting the\nlease; or\n(ii) anyone else who, subject to a lease validly granted under\nthe power, would have an interest in the property; and\n(b) the lease is invalid for failure to comply with the terms of the\npower; and\n\nLeases invalidly granted under powers Part 4.6\n(c) the lease is honestly granted; and\n(d) the lessee or a person claiming under the lessee has entered into\npossession of the property.\n(2) An invalid lease mentioned in subsection (1) is taken in equity to be\na contract for the grant, at the request of the lessee, of a valid lease—\n(a) under the same power as the invalid lease was granted under;\nand\n(b) in the same terms as the invalid lease apart from any changes\nnecessary to comply with the terms of the power.\n(3) Anyone who would have been bound by the invalid lease if it had\nbeen validly granted is bound in equity by the contract mentioned in\nsubsection (2).\n(4) However, no-one is entitled under the contract mentioned in\nsubsection (2) to obtain a variation of the lease if the other people\nbound by the contract are willing to confirm the lease without\nvariation.\n","sortOrder":132},{"sectionNumber":"432","sectionType":"section","heading":"Certain leases validated","content":"432 Certain leases validated\n(a) a lease granted in the intended exercise of a power of leasing is\ninvalid because, when the lease was granted, the person granting\nthe lease could not lawfully grant it; and\n(b) the person was at least 18 years old at that time; and\n(c) the person can, at a later time, lawfully grant the lease or a\nsimilar lease under the power.\n\n(2) If this section applies, the lease is taken to have been granted by the\nperson under the power at the later time.\n(3) This part applies to the lease.\n","sortOrder":133},{"sectionNumber":"433","sectionType":"section","heading":"Acceptance of rent taken to be confirmation of lease","content":"433 Acceptance of rent taken to be confirmation of lease\n(1) This section applies if, on or before acceptance of rent under an\ninvalid lease, a written receipt, memorandum or note confirming the\nlease is signed by the person accepting the rent or by someone\nauthorised by that person.\n(2) The acceptance of the rent is, as against the person accepting the rent,\ntaken to be a confirmation of the lease.\n","sortOrder":134},{"sectionNumber":"434","sectionType":"section","heading":"Lessee bound to accept confirmation","content":"434 Lessee bound to accept confirmation\n(a) a person (the first person) is in possession of land under an\ninvalid lease; and\n(b) someone else (the other person) is entitled, subject to the\ninterest of the first person in the land, to possession of the land\nor to receipt of its rents and profits; and\n(c) the other person can confirm the lease without variation.\n(2) The first person (or a person deriving title to the lease under or from\nthe first person), or anyone else who would have been bound by the\nlease if it had been valid, must, if asked by the other person, accept\nconfirmation of the lease by the other person.\n(3) The confirmation may be made by a written memorandum or note\nsigned by the other person and the person accepting the confirmation.\n(4) On the confirmation of the lease, the lease is taken to have been valid\nfrom the time it was granted.\n\nLeases invalidly granted under powers Part 4.6\n","sortOrder":135},{"sectionNumber":"435","sectionType":"section","heading":"Pt 4.6 does not affect certain other rights","content":"435 Pt 4.6 does not affect certain other rights\nThis part does not affect the rights of anyone in relation to a breach\nof a provision of an invalid lease.\nExample\nrights of a person named as lessor of an invalid lease to re-entry or forfeiture for\nbreach of a provision of the lease\n\n","sortOrder":136},{"sectionNumber":"436","sectionType":"section","heading":"Application—pt 4.7","content":"436 Application—pt 4.7\n(1) This part does not—\n(a) apply to—\n(i) a residential tenancy agreement under the Residential\n(ii) a lease under the Leases (Commercial and Retail)\nAct 2001; or\n(iii) a residence contract under the Retirement Villages\nAct 2012; or\n(2) Subsection (1) (b) has effect despite the Legislation Act, section 121\n","sortOrder":137},{"sectionNumber":"437","sectionType":"section","heading":"Who is an agent for pt 4.7?","content":"437 Who is an agent for pt 4.7?\nagent means—\n(a) a person usually employed by a lessor in leasing premises or\ncollecting rents; or\n(b) a person authorised in writing by the lessor of premises to act in\nrelation to the premises.\n\nRecovery of leased premises Part 4.7\n","sortOrder":138},{"sectionNumber":"438","sectionType":"section","heading":"Recovery of possession","content":"438 Recovery of possession\n(1) This section applies—\n(a) if—\n(i) the term of a lease has ended; or\n(ii) a lease has been terminated by a notice to quit or a demand\nfor possession; and\n(b) the lessee, or a person claiming under the lessee who is\noccupying the leased premises or a part of the premises, fails to\nquit and give possession of the premises or a part of the premises\nto the lessor.\n(2) The lessor or the lessor’s agent may apply to the Supreme Court or\nMagistrates Court for an order for recovery of possession of the\npremises.\n(3) If the court is satisfied that the term of the lease has ended or that the\nlease has been terminated, it may make an order for recovery of\npossession of the premises by the lessor and may—\n(a) issue a warrant authorising a police officer or someone else to\nenter (with any reasonable and necessary force) into the\npremises and give possession to the lessor or the lessor’s agent;\nor\n(b) postpone the issue of a warrant mentioned in paragraph (a), or\nsuspend the execution of the warrant, for a time it considers\nappropriate.\n\nPart 5.1 Debts charged on property of deceased person\nPart 5.1 Debts charged on property of\ndeceased person\n500 Charges on property of deceased person to be paid\nprimarily out of property charged\n(1) This section applies if a person dies possessing or being entitled to,\nor, under a general power of appointment, disposes of by will—\n(a) property that at the time of the person’s death is charged with\nthe payment of an amount, whether by legal mortgage, equitable\ncharge or in some other way (including a lien for unpaid\npurchase money); or\n(b) land for which an amount is owing at the time of the person’s\ndeath under a contract of purchase.\n(2) Unless the deceased person has by will indicated a contrary intention,\nthe property charged or land for which purchase money is owing is,\nas between the different people claiming through the deceased\nperson, primarily liable for the payment of the charge or purchase\nmoney and—\n(a) each part of property that is subject to a charge must bear a\nproportionate part of the charge on the whole of the property;\nand\n(b) each part of a parcel of land for which purchase money is owing\nmust bear a proportionate part of the amount owing for the\nwhole parcel.\n\nMiscellaneous Chapter 5\nDebts charged on property of deceased person Part 5.1\n(3) A contrary intention is not taken to be indicated—\n(a) by a general direction in the deceased person’s will for the\npayment of debts, or all debts, of the person out of—\n(i) the person’s personal estate; or\n(ii) the person’s residuary real and personal estate; or\n(iii) the person’s residuary real estate; or\n(b) by a charge in the deceased person’s will of debts, or all debts,\nof the person on any estate mentioned in paragraph (a).\n(4) However, a contrary intention is taken to be indicated by words in the\ndeceased person’s will expressly or by necessary implication\nindicating an intention that a general direction in the will of the kind\nmentioned in subsection (3) (a), or a charge in the will of the kind\nmentioned in subsection (3) (b), is to apply to a charge on property\nmentioned in subsection (1) (a) or an amount of unpaid purchase\nmoney mentioned in subsection (1) (b).\n(5) This section does not affect the right of a person entitled to a charge\non property mentioned in subsection (1) (a), or to unpaid purchase\nmoney mentioned in subsection (1) (b), to obtain payment of the\ncharge or purchase money out of other assets of the deceased person\nor in some other way.\n\n","sortOrder":139},{"sectionNumber":"501","sectionType":"section","heading":"Stipulations not of the essence of contracts","content":"501 Stipulations not of the essence of contracts\nStipulations in a contract, about time or anything else, that, in\naccordance with the rules of equity, are taken not to be, or not to have\nbeen, of the essence of the contract must be interpreted and have\neffect at law in accordance with those rules.\n\nMiscellaneous Chapter 5\nMiscellaneous—other provisions Part 5.3\n","sortOrder":140},{"sectionNumber":"Part 5","sectionType":"part","heading":"3 Miscellaneous—other provisions","content":"Part 5.3 Miscellaneous—other provisions\n","sortOrder":141},{"sectionNumber":"502","sectionType":"section","heading":"Approved forms","content":"502 Approved forms\n(1) The Minister may, in writing, approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\nNote For other provisions about forms, see the Legislation Act, s 255.\n(3) An approved form is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n","sortOrder":142},{"sectionNumber":"503","sectionType":"section","heading":"Regulation-making power","content":"503 Regulation-making power\n(1) The Executive may make regulations for this Act.\nNote A regulation must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n(2) A regulation may make provision in relation to the following:\n(a) requirements about the way plans for section 260 (1) (a) are\nprepared;\n(b) format requirements for plans required under\nsection 260 (1) (a).\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• adult\n• child\n• corporation\n• Corporations Act\n• domestic partnership (see s 169 (2))\n• individual\n• instrument (see s 14)\n• interest\n• land\n• person\n• police officer\n• proceeding\n• provision (see s 16)\n• public trustee and guardian\n• registrar-general\n• territory planning authority.\nNote 3 See also the Legislation Act, s 168 (References to person with interest in\nland include personal representative etc).\nadministrator includes anyone to whom administration of the estate\nof a deceased person is granted, and includes the public trustee and\nguardian acting under the Administration and Probate Act 1929,\npart 6.\nagent, for part 4.7 (Recovery of leased premises)—see section 437.\nannuity, for part 2.6 (Apportionment)—see section 248.\n\nassurance includes a conveyance and a disposition made otherwise\nthan by will.\nbankruptcy includes any act or proceeding in law having effects or\nresults similar to those of bankruptcy.\nExample\nwinding-up of a company\nbuyer action period, for part 2.9 (Unit titles)—see section 259.\ncommon property, for part 2.9 (Unit Titles)—see the Unit Titles\nAct 2001, section 13.\nconveyance includes an assignment, appointment, lease, settlement\nor other assurance by deed of any property.\ndeed, in relation to land under the Land Titles Act 1925, includes an\ninstrument that has the effect of a deed under that Act.\ndeveloper, for part 2.9 (Unit titles)—see the Unit Titles Act 2001,\ndisclosure statement, for part 2.9 (Unit titles)—see section 260 (1).\ndisclosure update notice, for part 2.9 (Unit titles)—see\nsection 260B (2).\ndisposition includes—\n(a) a conveyance; and\n(b) an acknowledgment under the Administration and Probate\nAct 1929, section 56 (Executor may sign acknowledgment\ninstead of conveyance); and\n(c) a vesting instrument, declaration of trust, disclaimer, release or\nany other assurance of property by an instrument other than a\nwill; and\n(d) a release, devise, bequest or appointment of property in a will.\ndividend, for part 2.6 (Apportionment)—see section 248.\n\nencumbrance includes—\n(a) a mortgage; and\n(b) a trust for securing money; and\n(c) a lien or charge of a portion, annuity, or other capital or annual\nsum.\nexcluded change, for part 2.9 (Unit titles)—see section 259A (4).\nexecutor means the executor to whom probate has been granted, and\nincludes an executor by right of representation.\nimplied warranties, for division 2.9.3 (Implied warranties)—see\nsection 264.\nincome, of land, includes rents and profits.\ninstrument includes a deed, a will, an agreement for settlement, and\na law of the Territory, the Commonwealth, a State or another\nTerritory.\ninterested person, in relation to property, for part 2.5 (Partition)—see\nsection 242.\nlease, for part 4.5 (Forfeiture of leases)—see section 424.\nlessee, for part 4.5 (Forfeiture of leases)—see section 424.\nlessor, for part 4.5 (Forfeiture of leases)—see section 424.\nlife interest, for division 2.2.3 (Ending life interests)—see\nsection 215.\nmaterial change, for part 2.9 (Unit titles)—see section 259.\nmortgage—\n(b) for other property—includes a charge on property for securing\nmoney or money’s worth.\n\nmortgagee—\n(b) for other property—includes a person taking title to the\nmortgage under the original mortgagee.\nmortgagor—\n(b) for other property—includes any of the following:\n(i) a person taking title to the equity of redemption under the\noriginal mortgagor;\n(ii) a person entitled to redeem a mortgage, according to the\nperson’s interest in the mortgaged property.\noff-the-plan contract, for part 2.9 (Unit titles)—see section 259.\nowners corporation, for part 2.9 (Unit Titles)—see the Unit Titles\n(Management) Act 2011, dictionary.\npersonal representative means the executor or administrator of a\ndeceased person.\nperson with a legal disability means—\n(a) a child; or\n(b) a person with a mental disability.\nperson with a mental disability means—\n(a) in relation to a proceeding—a person (other than a child) who is\nnot legally competent to be a party to the proceeding; and\n\n(b) in relation to the doing of something—a person (other than a\nchild) who is not legally competent to do the thing;\nand includes such a person even if a guardian or manager has not been\nappointed for the person under the Guardianship and Management of\nProperty Act 1991.\npossession, of land, includes receipt of income from the land.\nproceeding for partition of property, for part 2.5 (Partition)—see\nsection 242.\npurchaser—\n(a) for division 2.4.1 (Dispositions on trust for sale or with power\nof sale)—see section 230; and\n(b) for division 2.4.2 (Voidable dispositions)—see section 238; and\n(c) for any other provision—means a purchaser for valuable\nconsideration, and includes—\n(i) a lessee or mortgagee; and\n(ii) anyone else who acquires an interest in property for\nvaluable consideration.\nregistered means—\n(a) for this Act generally—registered in the appropriate register\nkept by the registrar-general; and\n(b) for part 2.9 (Unit Titles)—see section 259.\nrent—\n(a) includes yearly or other rent; and\n(b) for part 2.6 (Apportionment)—see section 248.\nsecurities includes stocks, funds and shares.\nsettlement—see section 200.\nsublease, for part 4.5 (Forfeiture of leases)—see section 424.\n\ntrust corporation means—\n(a) the public trustee and guardian or a trustee company; or\n(b) the Official Trustee in Bankruptcy under the Bankruptcy Act\n1966 (Cwlth); or\n(c) the trustee in whom the property of a bankrupt is vested.\ntrustee company—see the Trustee Companies Act 1947, dictionary.\ntrustees for sale means the people holding property on trust for sale.\ntrust for sale means a binding trust for sale, whether or not\nexercisable at the request or with the consent of anyone, and with or\nwithout a discretionary power to postpone sale.\nunit, for part 2.9 (Unit Titles)—see the Unit Titles Act 2001,\nsection 9.\nunits plan, for part 2.9 (Unit Titles)—see the Unit Titles Act 2001,\nunit subsidiary, for part 2.9 (Unit Titles)—see the Unit Titles\nAct 2001, section 12.\nvaluable consideration includes marriage, but does not include a\nnominal consideration in money.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":143},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLegislation history 3\n3 Legislation history\nCivil Law (Property) Act 2006 A2006-38\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1)\nremainder commenced 28 March 2007 (s 2 and LA s 79)\nas amended by\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 3 pt 3.5\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3 commenced 18 July 2008 (s 2 (1))\nsch 3 pt 3.5 commenced 27 October 2008 (s 2 (4) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\nJustice and Community Safety Legislation Amendment Act 2010\n(No 3) A2010-40 sch 1 pt 1.1\nnotified LR 5 October 2010\ns 1, s 2 commenced 5 October 2010 (LA s 75 (1))\ns 3, sch 1 pt 1.1 commenced 6 October 2010 (s 2 (1))\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.26\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.26 commenced 1 July 2011 (s 2 (1))\nUnit Titles (Management) Act 2011 A2011-41 sch 5 pt 5.2\nnotified LR 3 November 2011\ns 1, s 2 commenced 3 November 2011 (LA s 75 (1))\nsch 5 pt 5.2 commenced 30 March 2012 (s 2 and CN2012-6)\nJustice and Community Safety Legislation Amendment Act 2013\nA2013-7 sch 1 pt 1.2\nnotified LR 1 March 2013\ns 1, s 2 commenced 1 March 2013 (LA s 75 (1))\nsch 1 pt 1.2 commenced 4 March 2013 (s 2 and see Retirement\nVillages Act 2012 A2012-38, s 2 and LA s 79)\n\n3 Legislation history\nMarriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.4\nnotified LR 4 November 2013\ns 1, s 2 commenced 4 November 2013 (LA s 75 (1))\nsch 2 pt 2.4 commenced 7 November 2013 (s 2 and CN2013-11)\nNote The High Court held this Act to be of no effect (see\nCommonwealth v Australian Capital Territory [2013] HCA 55)\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.8\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.8 commenced 1 April 2016 (s 2 and see Protection of Rights\n(Services) Legislation Amendment Act 2016 A2016-1 s 2)\nRevenue Legislation Amendment Act 2018 A2018-2 sch 1 pt 1.1\nnotified LR 28 February 2018\ns 1, s 2 commenced 28 February 2018 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 March 2018 (s 2)\nUnit Titles Legislation Amendment Act 2020 A2020-4 pt 2\nnotified LR 27 February 2020\ns 1, s 2 commenced 27 February 2020 (LA s 75 (1))\npt 2 commenced 1 November 2020 (s 2 (1) and CN2020-11)\nPlanning and Unit Titles Legislation Amendment Act 2021 A2021-5\npt 2\nnotified LR 8 April 2021\ns 1, s 2 commenced 8 April 2021 (LA s 75 (1))\npt 2 commenced 9 April 2021 (s 2)\nPlanning and Unit Titles Legislation Amendment Act 2021 (No 2)\nA2021-25 sch 1 pt 1.1\nnotified LR 17 November 2021\ns 1, s 2 commenced 17 November 2021 (LA s 75 (1))\nsch 1 pt 1.1 commenced 18 November 2021 (s 2)\nUnit Titles Legislation Amendment Act 2023 A2023-24 sch 1\nnotified LR 23 June 2023\ns 1, s 2 commenced 23 June 2023 (LA s 75 (1))\nsch 1 commenced 1 July 2023 (s 2)\n\nLegislation history 3\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.8\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.8 commenced 27 November 2023 (s 2 (1) and see Planning\nAct 2023 A2023-18, s 2 (2) and CN2023-10)\n\nCommencement\ns 2 om LA s 89 (4)\nApplication of Act\ns 5 am A2010-40 amdt 1.1\nPower to appoint trustees of child’s property\ns 256 am A2016-13 amdt 1.30\nPowers and duties of guardian\ns 257 am A2008-20 amdt 3.13; A2011-22 amdt 1.91\nUnit titles\npt 2.9 hdg ins A2011-41 amdt 5.3\nam R16 LA\nDefinitions—Important concepts\ndiv 2.9.1 hdg ins A2011-41 amdt 5.3\nDefinitions—pt 2.9\ns 259 ins A2011-41 amdt 5.3\ndef buyer action period ins A2020-4 s 5\ndef common property ins A2011-41 amdt 5.3\ndef developer ins A2020-4 s 5\ndef disclosure statement ins A2020-4 s 5\ndef disclosure update notice ins A2020-4 s 5\ndef excluded change ins A2020-4 s 5\ndef material change ins A2020-4 s 5\ndef off-the-plan contract ins A2020-4 s 5\ndef owners corporation ins A2011-41 amdt 5.3\ndef registered ins A2011-41 amdt 5.3\ndef unit ins A2011-41 amdt 5.3\ndef units plan ins A2011-41 amdt 5.3\ndef unit subsidiary ins A2021-5 s 4\nMeaning of type 1 matter and type 2 matter\ns 259A ins A2020-4 s 5\nam A2021-5 ss 5-7; ss, pars renum R12 LA; A2023-24\namdt 1.1; A2023-36 amdt 1.66\n\nAmendment history 4\nOff-the-plan contracts—disclosure\ndiv 2.9.2 hdg reloc from Unit Titles Act 2001 div 3.4 hdg by A2011-41\namdt 5.38\nsub A2020-4 s 6\nContract for sale of unit before registration of units plan\ns 260 reloc from Unit Titles Act 2001 s 31A by A2011-41 amdt 5.38\nsub A2020-4 s 7\nam A2021-5 s 8; A2021-25 amdt 1.1; A2023-24 amdts 1.1-1.3;\nA2023-36 amdt 1.67\nDisclosure statement provided late or not at all\ns 260A ins A2020-4 s 8\nSeller to notify material change to matter in disclosure statement\ns 260B ins A2020-4 s 8\nEffect of disclosure update provided in time—type 1 matter\ns 260C ins A2020-4 s 8\nEffect of disclosure update provided out of time—type 1 matter\ns 260D ins A2020-4 s 8\nEffect of disclosure update—type 2 matter\ns 260E ins A2020-4 s 8\nBuyer action if no disclosure update notice\ns 260F ins A2020-4 s 8\nSeller to notify buyer of registration of units plan\ns 260G ins A2020-4 s 8\nam A2023-24 amdt 1.4, amdt 1.5\nEvidentiary burden—notices\ns 260H ins A2020-4 s 8\nImplied warranties\ndiv 2.9.3 hdg reloc from Unit Titles Act 2001 pt 7A hdg by A2011-41\namdt 5.47\nMeaning of implied warranties—div 2.9.3\ns 261 reloc from Unit Titles Act 2001 s 130A by A2011-41 amdt 5.47\nam A2020-4 s 9\nPurpose—div 2.9.3\ns 262 reloc from Unit Titles Act 2001 s 130B by A2011-41 amdt 5.47\nam A2020-4 s 10, s 11\nImplied warranties and right to cancel—effect\ns 263 reloc from Unit Titles Act 2001 s 130C by A2011-41 amdt 5.47\nom A2020-4 s 12\n\nImplied warranties\ns 264 reloc from Unit Titles Act 2001 s 130D by A2011-41 amdt 5.47\nam A2020-4 s 13, s 14; ss renum R11 LA\nRescission of contract for sale of unit\ns 265 reloc from Unit Titles Act 2001 s 130E by A2011-41 amdt 5.47\nsub A2020-4 s 15\nClaim for compensation\ns 266 reloc from Unit Titles Act 2001 s 130F by A2011-41 amdt 5.47\nam A2020-4 s 16, s 17\nMiscellaneous\ndiv 2.9.4 hdg ins A2020-4 s 18\nOperation of part cannot be excluded etc\ns 267 ins A2020-4 s 18\nRescission—effect\ns 268 ins A2020-4 s 18\nApplication of purchase money by mortgagee\ns 305 am A2018-2 amdt 1.1\nLessee to give notice of ejectment to lessor\ns 402 am A2013-7 amdt 1.2\nApplication—pt 4.7\ns 436 am A2013-7 amdt 1.3\nTransitional\npt 5.4 hdg exp 28 March 2009 (s 506)\nRegulation-making power\ns 503 am A2020-4 s 19\nReferences to repealed Act\ns 504 exp 28 March 2009 (s 506)\nTransitional regulations\ns 505 exp 28 March 2009 (s 506)\nExpiry of pt 5.4\ns 506 exp 28 March 2009 (s 506)\nRepeals and consequential amendments\npt 5.5 hdg om LA s 89 (3)\nLegislation repealed\ns 507 om LA s 89 (3)\nLegislation amended—sch 1\ns 508 om LA s 89 (3)\n\nAmendment history 4\nTransitional—Unit Titles Legislation Amendment Act 2020\npt 5.6 hdg ins A2020-4 s 20\nMeaning of commencement day—pt 5.6\ns 510 ins A2020-4 s 20\nApplication to certain existing off-the-plan contracts—amendments made by\nUnit Titles Legislation Amendment Act 2020\ns 511 ins A2020-4 s 20\nExpiry—pt 5.6\ns 512 ins A2020-4 s 20\nConsequential amendments\nsch 1 om LA s 89 (3)\ndict am A2013-39 amdt 2.9 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013]\nHCA 55)); A2016-13 amdt 1.31; A2023-36 amdt 1.68\ndef administrator am A2016-13 amdt 1.32\ndef buyer action period ins A2020-4 s 21\ndef common property ins A2011-41 amdt 5.4\ndef developer ins A2020-4 s 21\ndef disclosure statement ins A2020-4 s 21\ndef disclosure update notice ins A2020-4 s 21\ndef excluded change ins A2020-4 s 21\ndef implied warranties ins A2020-4 s 21\ndef material change ins A2020-4 s 21\ndef off-the-plan contract ins A2020-4 s 21\ndef owners corporation ins A2011-41 amdt 5.4\ndef registered sub A2011-41 amdt 5.5\ndef trust corporation am A2016-13 amdt 1.33\ndef unit ins A2011-41 amdt 5.6\ndef units plan ins A2011-41 amdt 5.6\ndef unit subsidiary ins A2021-5 s 9\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\n28 Mar 2007\n28 Mar 2007–\n26 Oct 2008\nnot amended new Act\n27 Oct 2008\n27 Oct 2008–\n28 Mar 2009\nA2008-20 amendments by\nA2008-20\n29 Mar 2009\n29 Mar 2009–\n5 Oct 2010\nA2008-20 commenced expiry\n6 Oct 2010\n6 Oct 2010–\nA2010-40 amendments by\nA2010-40\n1 July 2011–\n29 Mar 2012\nA2011-22 amendments by\nA2011-22\n30 Mar 2012\n30 Mar 2012–\n3 Mar 2013\nA2011-41 relocation of\nprovisions from\nUnit Titles Act 2001\nand other\namendments by\nA2011-41\n4 Mar 2013\n4 Mar 2013–\n6 Nov 2013\nA2013-7 amendments by\nA2013-7\n7 Nov 2013\nnever effective A2013-39 (never\neffective)\namendments by\nA2013-39\nR8 (RI)\n24 Feb 2014\n7 Nov 2013–\n31 Mar 2016\nA2013-39 (never\neffective)\nreissue because of\nHigh Court decision\nin relation to\nA2013-39\n1 April 2016–\n28 Feb 2018\nA2016-13 amendments by\nA2016-13\n\nExpired transitional or validating provisions 6\nNo and date\nEffective Last\namendment\nmade by\nfor\n1 Mar 2018\n1 Mar 2018–\n31 Oct 2020\nA2018-2 amendments by\nA2018-2\n1 Nov 2020\n1 Nov 2020–\n8 Apr 2021\nA2020-4 amendments by\nA2020-4\n9 Apr 2021\n9 Apr 2021–\n17 Nov 2021\nA2021-5 amendments by\nA2021-5\n18 Nov 2021\n18 Nov 2021–\nA2021-25 amendments by\nA2021-25\n1 July 2023–\n1 Nov 2023\nA2023-24 amendments by\nA2023-24\n2 Nov 2023\n2 Nov 2023–\n26 Nov 2023\nA2023-24 expiry of\ntransitional\nprovisions (pt 5.6)\n","sortOrder":144},{"sectionNumber":"6","sectionType":"section","heading":"Expired transitional or validating provisions","content":"6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":145}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act was originally enacted to consolidate and simplify historic English-derived rules on conveyancing, deeds, mortgages, leases and apportionment. Its scope has grown well beyond that core purpose through the insertion of Part 2.9 (Unit titles) and repeated amendments (including A2011-41, A2020-4, A2021-5, A2023-24 and A2023-36). These additions introduced prescriptive pre-contract disclosure regimes for off-the-plan unit sales, type 1 and type 2 material change classifications, implied warranties about owners corporation finances and defects, buyer rescission rights, and evidentiary onus shifts. The legislation now functions partly as consumer-protection strata law rather than pure property codification."},"complexity_factors":["Five chapters with 29 parts or divisions covering overlapping topics from deeds to unit titles","Frequent cross-references to the Land Titles Act 1925, Unit Titles Act 2001, Unit Titles (Management) Act 2011, Legislation Act 2001, Trustee Act 1925 and Guardianship and Management of Property Act 1991","Over 50 defined terms in the dictionary plus additional part-specific definitions (e.g. 'type 1 matter', 'material change', 'settlement')","Nested conditional logic in provisions such as relief against forfeiture (ss 414-418), disclosure update effects (ss 260C-260F), and vesting on death (ss 217-218)","Detailed timelines, evidentiary burdens, 'significant prejudice' tests and exclusion clauses in the unit titles Part 2.9 added by later amendments"],"plain_english_summary":"**The Civil Law (Property) Act 2006** brings together and updates many traditional rules about owning, buying, selling, mortgaging, leasing and transferring property in the Australian Capital Territory (ACT). It explains how documents must be written and signed for land deals (to prevent disputes), sets rules for shared ownership like joint tenants versus tenants in common, and covers what happens when someone dies and leaves property. The Act gives lenders (mortgagees) clear powers to sell properties if loans aren't repaid, but with notice requirements and rules on how sale money must be shared out. For renters and landlords, it limits when leases can be ended suddenly (forfeiture), protects sub-tenants, and allows courts to give relief in some cases like missed insurance. A large modern section deals with 'off-the-plan' sales of units in buildings before construction is finished or the plan is registered: sellers must give buyers a detailed disclosure statement about sizes, entitlements, rules, costs and risks, update it if things change significantly, and face buyer rights to cancel or claim compensation if updates are late or cause major prejudice. Implied promises (warranties) protect buyers from hidden defects or unexpected owners corporation debts. Overall it affects buyers, sellers, owners, landlords, tenants, lenders, trustees and developers by making processes more transparent, reducing old technical traps from English law, and balancing interests through court oversight in partitions, trusts for sale, and disputes. It matters because it simplifies everyday property transactions while adding consumer-style protections for complex modern developments."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act began as a consolidation and simplification of property law (see short title and long title). Over time its scope was expanded to incorporate detailed unit‑title and off‑the‑plan sale rules and implied warranties (see pt 2.9: ss 259, 259A, 260–260H, 264–268), and other targeted amendments (for example expanded trustee and guardianship provisions—ss 255–257; and adjustments to mortgage, lease and sale provisions). Those insertions moved substantive consumer protection and technical disclosure requirements (previously located in the Unit Titles Act 2001 and related instruments) into this Act, increasing its regulatory reach into developer/buyer transactions and imposing new statutory compliance and notice regimes (see ss 260B–260G and s 260H)."},"complexity_factors":["Large scope across many property areas: conveyancing, trusts, mortgages, leases, unit titles, partition, apportionment and children’s property (multiple chapters and parts).","Numerous cross‑references to other Acts and external registries (Land Titles Act 1925; Unit Titles Act 2001; Unit Titles (Management) Act 2011; Guardianship and Management of Property Act 1991) increasing interpretive dependencies.","Mixture of bright‑line rules (writing, time limits) and broad judicial discretions (Supreme Court orders under ss 217, 237, 243–245, 414–417) requiring case‑by‑case resolution.","Detailed procedural timeframes and notice requirements for off‑the‑plan disclosures and updates (ss 260, 260B–260G) that impose compliance management burdens.","Delegation of technical detail to approved forms and regulations (ss 502–503), which requires ongoing monitoring of subordinate instruments.","Multiple stakeholder impacts (developers, buyers, mortgagees, trustees, lessors/lessees, courts) creating complex incentive interactions.","Special rules for corporations executing documents (s 227) and for receivers (ss 308–314) that add practical steps and statutory obligations in enforcement scenarios."],"plain_english_summary":"# What this law does (mechanically)\n\n- Consolidates and sets rules for many routine property transactions and relationships across the ACT. It covers when interests in land must be in writing (s 201–204), how trusts and life interests end and vest (s 215–218), how corporations execute and are treated in property dealings (s 219, s 227), powers and duties of trustees and purchasers (e.g. ss 231–237), partition and apportionment of property (ss 243–253), mortgages and receivers (chs 3, ss 300–314, 317), and detailed lease rules including obligations, renewal, forfeiture protections and recovery (ch 4, ss 400–438).\n\n- It creates a separate, detailed regime for unit titles and \"off‑the‑plan\" sales: sellers must give a disclosure statement before entering into contracts and must notify buyers of material changes within set timeframes (ss 259, 260, 260B). The Act distinguishes type 1 and type 2 changes and gives buyers defined remedies (rescission or compensation) and action periods (ss 259A, 260C–260F). Sellers also must give buyers the registered units plan before completion (s 260G). The seller bears the evidentiary onus for giving required notices in disputes (s 260H).\n\n- It gives mortgagees statutory incidental powers (sale, appoint receivers, insure and add premiums to debt) and prescribes procedures for sale, notice periods and application of sale proceeds (ss 301–307, 313–314). It also sets out how receivers act and are paid (ss 308–314).\n\n- The Act authorises the Minister to approve required forms (s 502) and gives the Executive regulation‑making power for technical matters, including plan formats and how plans are prepared (s 503).\n\n# Who it affects\n\n- Buyers of land and units, especially off‑the‑plan buyers (ss 260–268).  \n- Sellers and developers of unit titles (ss 260–260H; ss 264–266 re implied warranties).  \n- Lenders and mortgagees, and appointed receivers (chs 3, ss 300–314).  \n- Lessors and lessees in commercial and other non‑residential leases (ch 4, ss 400–438).  \n- Trustees, beneficiaries and persons dealing with trusts and life interests (pt 2.4, div 2.2.3).  \n- Corporations and their officers when executing property documents (s 227).  \n- The Supreme Court and registrar‑general, who have continuing supervisory and registration roles (e.g. ss 217, 237, 243–245, 256(6)).\n\n# Why it matters (mechanisms, incentives and costs)\n\n- Legal certainty and transaction formalities: the Act requires writing and signatures for creation or disposition of interests in land (s 201). That reduces dispute risk but imposes documentation and legal‑advice costs on parties.\n\n- Buyer protections raise compliance costs for sellers/developers. Sellers must prepare disclosure statements with prescribed items (plans, proposed rules, estimates of fund contributions) and must update buyers of material changes within statutory timeframes (s 260; s 260B). If buyers are significantly prejudiced by a material change they may rescind or seek compensation (ss 260C–260F, 265–266). Those rights create an incentive for sellers to invest in accurate disclosures and to factor potential compensation or delay into pricing.\n\n- Allocation of enforcement and notice burdens. Many statutory powers can be exercised by private parties (mortgagees, trustees) but are subject to procedural constraints: e.g. mortgagee must give 6 months written notice before sale (s 303) and sale proceeds must be applied in prescribed order (s 305). Failure to comply can create liability (s 304(2)). Those rules balance lender remedies with procedural protections for mortgagors and subsequent purchasers.\n\n- Judicial discretion and supervisory role. The Supreme Court has recurring powers to make vesting orders, to order partition or sale, to correct trustees’ inaction, and to grant relief against forfeiture or orders affecting children’s property (ss 217, 237, 243–245, 414–417, 405–412). Where the Act leaves outcomes to the court, the legal and timing risks of litigation (costs, uncertainty) are present.\n\n- Regulatory and administrative detail are delegated. The Minister may require approved forms (s 502) and the Executive can make regulations about technical matters such as plan format (s 503). That concentrates detail in delegated instruments, so compliance depends on updated forms and regulations and creates ongoing administrative compliance costs for practitioners and developers.\n\n- Effects on private choice and contract freedom. The Act preserves some contractual freedom but prevents contracting out of certain statutory protections (for example, operation of the unit‑title consumer protections cannot be excluded; s 267). Sellers’ warranties for off‑the‑plan contracts are implied by statute (s 264) and buyers have time‑bound rights to rescind (s 265). These statutory inserts limit parties’ ability to vary risk allocation by private contract in specified areas.\n\n# Trade‑offs, concentrated benefits and diffuse costs\n\n- Concentrated benefits: mortgagees and lenders gain clear statutory powers for enforcement and receivership (ss 301–314), and developers who comply can rely on statutory mechanics (e.g. safe harbours for purchasers and evidentiary rules like s 260H).  \n- Diffuse costs: individual buyers and many small sellers must comply with disclosure and notice regimes; trustees and trustees’ duties generate administrative burdens.  \n- Implementation risk: many provisions rely on judicial interpretation (court orders) or delegated instruments (forms and regulations), so repeated court involvement or regulatory changes can add time and cost to transactions.\n\n# Practical points to note (where to look in the Act)\n\n- Writing and creation of interests: s 201–204.  \n- Unit titles and off‑the‑plan disclosure and remedies: ss 259, 259A, 260–260H, 264–268.  \n- Mortgagee powers, receivers and proceeds of sale: ss 301–314, 305.  \n- Lease obligations, forfeiture procedure and recovery of possession: ch 4 (ss 400–438), in particular the notice and remedy regime for forfeiture (ss 426–428).  \n- Ministerial forms and regulations that set required formats and details: ss 502–503.\n\nThis summary describes how the Act allocates decision rights, who bears the compliance costs, what behaviour it encourages (documented transactions, timely disclosures), and where enforcement or resolution is left to courts or delegated instruments. It states the statutory mechanisms and the main operational consequences for market participants (sections cited above)."}},"importantCases":[],"_links":{"self":"/api/acts/civil-law-property-act-2006","history":"/api/acts/civil-law-property-act-2006/history","analysis":"/api/acts/civil-law-property-act-2006/analysis","conflicts":"/api/acts/civil-law-property-act-2006/conflicts","importantCases":"/api/acts/civil-law-property-act-2006/important-cases","documents":"/api/acts/civil-law-property-act-2006/documents"}}