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Land Sales Act 1984: The time limit for an application for exemption

Dixon, William M. (2004) Land Sales Act 1984: The time limit for an application for exemption. The Queensland Lawyer, 25(3), pp. 120-121.

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Abstract

The decision of Wilson J in Wan and Ors v NPD Property Development Pty Ltd [2004] QSC 232 also concerned the operation of the Land Sales Act 1984 (Qld) (‘the Act’).

As previously noted, s 8(1) of the Act provides that a proposed allotment of freehold land might be sold only in certain circumstances. An agreement made in contravention of s 8(1) is void. Section 19 allows a purchaser (and others) to apply for an exemption from any of the provisions of Pt 2. By s 19(6), notwithstanding s 8, a person may agree to sell a proposed allotment if the instrument that binds a person to purchase the proposed allotment is conditional upon the grant of an exemption. By s 19(7) an application for exemption must be made ‘within 30 days after the event that marks the entry of a purchaser upon the purchase of the proposed allotment.’

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ID Code: 42473
Item Type: Journal Article
Additional URLs:
Keywords: Property Law, Land Sales Act 1984, Application for exemption
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 2004 Lawbook Company
Deposited On: 07 Jul 2011 09:06
Last Modified: 10 Jul 2011 12:58

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