Breaches of lease between exercise of option to renew and expiry of lease in Queensland

The decision of Greppo v Jam-Cal Bundaberg Pty Ltd [2015] QCA 131 illustrates a defect in s 128 of the Property Law Act 1974(Qld) which gives a right to a lessee to apply for relief against forfeiture against loss of a right to exercise an option to renew. The defect arises because the legislation does not adequately deal with breaches that occur after the exercise of the option but before the expiry of the lease. Most commercial leases of all kinds have a standard provisions, as the lease in this case, as a conditions of the exercise of the option to renew that the lessee will have given notice of exercise within the time specified to the lessor and will have up to the date of expiry of the lease paid all rent and observed all lessee’s covenants. The difficulties occur because invariably an option must be exercised before the expiry of the lease when a lessee may not be in breach of the lease but may later prior to the expiry of the lease fall into breach. As this decision indicates,at least in Queensland, that the lessee who desires to challenge the lessor’s right to enforce those conditions can neither seek relief under s 128 against forfeiture of the right to exercise the option ,or indeed, under s 124 of the Property Law Act 1974 to preserve the agreement for lease brought about by the otherwise regular exercise of the option to renew. The decision cries out for legislative reform along the lines of s 133E of the Conveyancing Act 1919(NSW) which was amended in 2001 to meet this contingency.

Land Contracts in Queensland [4th Edition]

"The authors analyse the substance of the transaction through the medium of the latest standard REIQ Residential, Commercial and Community Titles contracts, and draw on a comprehensive range of court decisions relating to the area. There are chapters covering contract formation including the role of the real estate agent, the disclosure regime for sellers and agents, subject matter, the inclusion of special conditions, risk, completion both through the paper based medium and electronic conveyancing and stamp duty and GST implications."--Publisher website

Understanding unconscionability in proprietary estoppel

In a series of recent cases, courts have reasserted unconscionability as the basis of proprietary estoppel and in doing so have moved away from the structured form of discretion envisaged in the classic Taylors Fashions formula. In light of these developments, this paper traces the use of unconscionability in estoppel and examines the changing role attributed to the concept. In a parallel development, in exercising their remedial discretion once a claim to estoppel has been established, the courts have emphasised the foundation of estoppel in unconscionability to assert the need for proportionality between the detriment and remedy as ‘the most essential requirement’. Collectively, the cases demonstrate a lack of transparency or consistency, which raises concerns that the courts are descending into a form of individualised discretion. These developments are of particular concern as they come at a time when commentators are predicting a ‘boom’ in estoppel to follow the introduction of electronic conveyancing.

Rural markets and school choice

This thesis examines how families and schools in a rural Victorian setting engage with education markets and policies of school choice. Focusing on federal funding and state conveyancing policies, the study employs policy sociology and social geographies perspectives to examine policy effects on social relations and the implications for equity.

How parental and school responses to choice policies reconfigure a rural education market in Victoria, Australia

Market principles now dominate the education and social policies of many Anglophone countries, including Australia, but articulate differentially within specific contexts. Existing historical legacies, local economic and social conditions, and geographical settings interact with federal and state funding and transport policies to shape the nature of regional education markets and the choices families make in a rural school market in Australia. Through two school case studies, this article explores the effects of policy shifts on parental choice and student movement within a regional Victorian community. Informed by policy sociology, the article views the policy as a dynamic, often ad hoc process with contradictory effects. It indicates how an ensemble of federal and state funding and conveyancing policies enable some schools to develop marketing practices that reconstruct the local education market to their advantage through the introduction of transport and flexi-boarding policies. It demonstrates that education markets are not confined to urban settings and that while choice is not a new phenomenon in this rural area, federal and state funding and transport policies have reconfigured local markets and intensified the market work undertaken by schools and parents with, in this instance, unequal effects on the provision of schooling in a rural region.

The statute law of Kentucky; with notes, prælections, and observations on the public acts. Comprehending also, the laws of Virginia and acts of Parliament in force in this commonwealth; the charter of Virginia, the federal and state constitutions, and so much of the King of England's proclamation in 1763, as relates to the titles to land in Kentucky. Together with a table of reference to the cases adjudicated in the Court of appeals ...

Imprint varies: v. 2-3, Frankfort, (Ken.) Printed for William Hunter, by Johnston & Pleasants. 1810-1811.--v. 4, Frankfort, (Ken.) Printed for William Hunter, by Robert Johnston. 1814.--v. 5, Frankfort, (Ken.) Printed for Butler & Wood. 1819.

An essay on uses and trusts, and on the nature and operation of conveyances at common law, and of those which derive their effect from the Statute of uses.

Mode of access: Internet.

Contracts and conveyances of real property /

Kept up to date by supplements through 1972.

Cases and other materials on the law of conveyances /

"Table of cases": p. vii-xi.

Cases on the law of conveyances, selected and annotated

"Table of cases and other authorities": p. ix-xiv.

Miscellaneous conveyances, transfers, and boundary modifications pertaining to public lands : hearing before the Subcommittee on Public Lands, Reserved Water, and Resource Conservation of the Committee on Energy and Natural Resources, United States Senate, Ninety-ninth Congress, first session on S. 304, S. 829, S. 360, S. 1530, S. 446, S. 1625, S. 565, S. 1690, S. 567.

"March 4, 1986"--Pt. 2.