'Attaching' warning statements by facsimile consumer protection prevails!
Dixon, William M. (2005) 'Attaching' warning statements by facsimile consumer protection prevails! The Queensland Lawyer, 26(2), pp. 61-62.
Section 366 of the Property Agents and Motor Dealers Act 2000 (Qld) (‘PAMDA’) mandates that all contracts for the sale of residential property in Queensland (other than contracts formed on a sale by auction) have a warning statement ‘attached’ as the first or top sheet.
Alternative judicial views have emerged concerning the possibility of attaching a warning statement to a contract sent by facsimile. In recognition of the consumer protection nature of the legislation, in MP Management (Aust) Pty Ltd v Churven  QSC 320 Muir J favoured a restrictive view of the word ‘attached’ requiring physical joinder of the warning statement to the relevant contract. In contrast, in MNM Developments Pty Ltd v Gerrard  QDC 10 Newton DCJ opined that the requirements of the PAMDA could be met where the warning statement preceded the contract of sale in a facsimile transmission sent in one continuous stream. Newton DCJ considered that this broader approach promoted commercial convenience.
In an appeal from the decision of Newton DCJ, in MNM Developments Pty Ltd v Gerrard  QCA 230 a majority of the Queensland Court of Appeal has held that the restrictive view propounded by Muir J is correct. Notwithstanding possible commercial inconvenience, it is not possible for a warning statement to be attached to a contract sent by facsimile.
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|Item Type:||Journal Article|
|Keywords:||Property Agents and Motor Dealers Act 2000 (Qld) , residential property, conveyancing|
|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 10:40|
|Last Modified:||06 Jul 2011 10:41|
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