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'Attaching' warning statements by facsimile transmission

Dixon, William M. (2005) 'Attaching' warning statements by facsimile transmission. The Queensland Lawyer, 25(6), pp. 292-293.

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Abstract

Section 366(1) of the Property Agents and Motor Dealers Act 2000 (Qld) (‘PAMD’) provides that a relevant contract must have attached, as its first or top sheet, a statement in the approved form being a warning statement. Failure to comply with this statutory requirement entitles a purchaser to terminate the contract.

The meaning to be attributed to the statutory reference to ‘attached’ will clearly be problematic where documentation is sent by way of facsimile transmission. This was the issue that arose for consideration by Newton DCJ in MNM Developments Pty Ltd v Gerrard [2005] QDC 10.

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ID Code: 42398
Item Type: Journal Article
Keywords: Property Agents and Motor Dealers Act 2000 (Qld) , warning statement, Disclosure Statement
ISSN: 0312-1658
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2005 Lawbook Company/Thomson Legal & Regulatory
Deposited On: 06 Jul 2011 10:55
Last Modified: 06 Jul 2011 10:55

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