131Transitional Provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009

131 Transitional Provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009 Section 27D(7), as in force immediately before its amendment by the **Statute Law Amendment (Evidence Consequential Provisions) Act 2009**, continues to apply to a hearing that commenced before the day that Act commences and that— (a) continued on or after that day; or (b) was adjourned until that day or a day after that day. Schedules Sch. 1 repealed by No. 42/2017 s. 7. Schs 2–4 repealed by No. 9976 s. 11. Ss 16, 20, 28. No. 5842. Sch. 5 amended by Nos 10128 s. 6(4), 128/1986 s. 10, 18/1989 s. 12(Sch. 1 item 185 (c)(d)). Fifth Schedule Sch. 5 Pt. 1 repealed by No. 18/1989 s. 12(Sch. 1 item 185(a)). Sch. 5 Pt. 2 substituted by No. 18/1989 s. 12(Sch. 1 item 185(b)). Part II LIMITATIONS This folio is LIMITED [AS TO DESCRIPTION OF LAND *or* AS TO TITLE *or* AS TO BOTH DESCRIPTION OF LAND AND TITLE (as the case may be)] The probable or possible defects in title and outstanding estates and interests and the acts or matters that ought to be done or proved and the requisitions that ought to be complied with in order to justify the Registrar in creating an ordinary folio are set forth in the Registrar's minutes. Sch. 5 Pt 3 amended by Nos 35/1996 s. 453(Sch. 1 item 83.13), 85/1998 s. 19(1). Part III—Provisional folio Warning as to Title This folio is subject to the qualification(s) numbers in the legal practitioner's certificate relating to the land No. Sch. 5 Pt 4 amended by No. 85/1998 s. 19(1). Part IV—Provisional folio Warning as to Dimensions Any dimension and connecting distance shown is based on the description of the land as contained in the General Law Title and is not based on survey information which has been investigated by the Registrar of Titles. Sch. 5 Pt 5 inserted by No. 85/1998 s. 19(2). Part V—Provisional folio Warning as to subsisting interests This title is based on General Law documents which have not been investigated by the Registrar of Titles. Subsisting interests under the General Law may affect this title. Sch. 5A inserted by No. 128/1986 s. 11, amended by Nos 57/1989 s. 3(Sch. item 201.5), 35/1996 s. 453(Sch. 1 item 83.14 (a)–(e)), 102/1997 s. 49(Sch. item 6), 85/1998 s. 20, 18/2005 s. 18(Sch. 1 items 107.3 (a)(b), 107.4(a)–(c)), 17/2014 s. 160(Sch. 2 item 98.2). Schedule 5A Part I—Legal practitioner's certificate as to title (Freehold General Law Land) To: The Registrar of Titles I of (Firm's name and address) Legal practitioner having caused a search to be made up to / / as disclosed in the attached search of title against the land in the Schedule, having examined the documents forming the chain of title to the land from the Crown grant or last deed known to the Registrar of Titles or accepted by the Registrar of Titles in a prior conversion save and except any documents set out in clause 7 of the Schedule and having made the searches and enquires as I consider necessary DO CERTIFY THAT: 1. The person(s) shown in clause 3 of the Schedule has/have acquired a good safe holding and marketable title to the land including such appurtenances, abuttal rights, etc. as are set out in Clause 2 of the Schedule subject to the mortgages, encumbrances claims rights estates or interests set out in clauses 4, 5, and 6 of the Schedule and the qualifications set out in clause 7 of the Schedule. 2. The Root of Title is the following instrument: ) ). 3. The land is not subject to control under the laws relating to bankruptcy or insolvency. 4. The value of the land including all buildings and other improvements thereon is $ or thereabouts. 5. I hold an Australian practising certificate within the meaning of the Legal Profession Uniform Law (Victoria). Date Signature SCHEDULE 1. *Address of property:* 2. *Land:* (Insert description sufficient to identify the land. Note: Where the land description includes rights of appurtenancy, abuttal, etc. justified in any deed which forms part of a separate chain of title, a photocopy of the deed, certified by the legal practitioner making the certificate, must be produced. That chain of title must, also be produced, except those parts which have been accepted by the Registrar under a prior conversion.) 3. *Full name and address of owner:* 4. *Mortgages:* (If there are none, write "NIL". Otherwise give details.) 5. *Encumbrances:* (e.g. charges, easements, restrictive covenants, etc.) (If there are none, write "NIL". Otherwise give details.) 6. *Claims, rights, estates or interests:* (If any person has or claims an estate or interest in the land at law or in equity, in possession or expectancy, describe them. (e.g. Rights of a purchaser under a contract of sale or person in possession or person in occupation, judgements, lis pendens, statutory rights or interests, notices of acquisition, etc.) If there are none write "NIL"). 7. *Qualifications:* (Here specify any qualifications the legal practitioner has with respect to the title. A reference to any defects in title should be included, e.g. missing deeds, or as the case may be).