The Property Mill – Victoria – 10 September 2013

September, 2013

In the media

Connection project moves ahead

The Victorian Government has announced the details of the next stage of its plan to connect 15 country towns to natural gas supplies (03 September 2013)

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VCAT upholds housing subdivision snub

A plan to subdivide land near the Bendigo wastewater treatment plant has been rejected because of concern about the facility’s smell (30 August 2013)

To read more, please click here.

Point Lonsdale development set to tee off

Minister for Planning Matthew Guy has approved a planning scheme amendment that will allow for the expansion and redevelopment of the Lonsdale Golf Course at Point Lonsdale (27 August 2013)

To read more, please click here.


Wedgewood Road Hallam No 1 v Diamond [2013] VSC 447

TRADE AND COMMERCE – contract for sale of lot 9 in proposed plan of subdivision of land – seller made oral pre-contractual promise that level of lot would be very close to buyer’s adjoining land – formal contract conferred power on seller to amend plan of subdivision, subject to notice to buyers and their right to rescind – among other things, level of lots on plan amended on notice to all buyers – buyer of lot 9 did not exercise right to rescind – that buyer failed to settle contract and pay balance of purchase price – whether seller entitled to rescind contract and obtain damages for breach – whether buyer induced by promise to enter contract– whether mere non-performance of pre-contractual promise can constitute misleading or deceptive conduct – whether seller intended to perform promise and had reasonable grounds for making it – whether seller’s conduct misleading or deceptive in totality of circumstances – ‘misleading or deceptive’ – Trade Practices Act 1974 (Cth) s 52, Fair Trading Act 1999 (Vic) s 9.

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Putt & Anor v Perfect Builders Pty Ltd [2013] VSC 442

VENDOR AND PURCHASER – Sale of land – Summary procedure under s 49 Property Law Act 1958 – Contract for sale of apartment conditional on loan of specified amount being obtained from designated lender – Right to terminate contract conditional on purchasers’ immediate application for loan – Right to terminate conditional upon purchasers doing everything reasonably required to obtain loan approval – No evidence of circumstances justifying return of deposit in exercise of discretion under s 49(2) Property Law Act 1958

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Contact Mills Oakley


James Price | Partner 
T: +61 3 9605 0824

Anthony Brearley | Partner
T: +61 3 9605 0810

Tom Cantwell | Partner
T: +61 3 9605 0958



Tony Butler | Partner 
T: +61 7 3228 0432



Lachlan Paterson | Partner
T: +61 2 8289 5895

Catherine Hallgath | Partner
T: +61 2 8289 5806

Tim L’Orange | Partner 
T: +61 2 8289 5816



Adam Peppinck | Partner
T: +61 2 6196 5203



Andrew Logan | Partner
T: +61 8 6167 9802


Patrick Thaung | Partner
T: +61 8  6167 9803

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