Untitled document

Property Law (Amendment) Act 1998

Act No. 23/1998

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2

PART 2—AMENDMENT OF PROPERTY LAW ACT 1958 3

4. New section 28A inserted 3

28A. Liability of co-owner to account 3

5.	Amendment of heading to Part IX of the Principal Act	3
6.	Application	3
7.	Amendment of references to real property in Part IX of the
Principal Act	4
8.	Statute law revision	4

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NOTES 5

i

Victoria

No. 23 of 1998

Property Law (Amendment) Act 1998†

[Assented to 5 May 1998]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to amend the Property

Law Act 1958—

(a)	to provide for a right to account as between co-owners of property; and
(b)	to enable the court to adjust personal property interests under Part IX of that Act.

Property Law (Amendment) Act 1998

Act No. 23/1998 s. 2

2. Commencement

(1) This Part comes into operation on the day on

which this Act receives the Royal Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a

day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 December 1998,

it comes into operation on that day.

3. Principal Act

In this Act, the Property Law Act 1958 is called	No. 6344. Reprint No. 9
the Principal Act.	as at 8 August 1997. Further
amended by Nos 83/1996
and 84/1996.

_______________
Property Law (Amendment) Act 1998

s. 4 Act No. 23/1998

PART 2—AMENDMENT OF PROPERTY LAW ACT 1958

4. New section 28A inserted

After section 28 of the Principal Act insert—

'28A. Liability of co-owner to account

(1) A co-owner is liable, in respect of the receipt

by him or her of more than his or her just or
proportionate share according to his or her
interest in the property, to account to any

other co-owner of the property.

(2) In this section, "co-owner" means a joint

tenant, whether at law or in equity, or a tenant in common, whether at law or in equity, of any property.'.

5. Amendment of heading to Part IX of the Principal Act In the heading to Part IX of the Principal Act omit "REAL".

6. Application

(1) In section 276 of the Principal Act, for "the

Property Law (Amendment) Act 1987"
substitute "Part 2 of the Property Law

(Amendment) Act 1998".

(2) At the end of section 276 of the Principal Act

insert—

"(2) This Part as in force immediately before the

commencement of Part 2 of the Property
Law (Amendment) Act 1998 continues to
apply in relation to a person who was a
partner in a de facto relationship which
ended before the commencement of Part 2 of
that Act whether or not proceedings had
been commenced under this Part as so in
force.".

Property Law (Amendment) Act 1998

Act No. 23/1998 s. 7

7.  Amendment of references to real property in Part IX of the Principal Act

In the Principal Act, for "real property" substitute "property" in sections 278(1), 279(1), 285 (where twice occurring), 286(1), 287(1), 289(2)(a),

291(1) (wherever occurring), 295(3) (where twice

occurring) and 298(1).

8. Statute law revision

(1) In section 7(4) of the Principal Act, for "barrister

or solicitor" (where twice occurring) substitute

"legal practitioner".

(2) In the Principal Act, for "barrister and solicitor"

substitute "legal practitioner" in sections 69 (wherever occurring), 180, 182 (where twice occurring) and 183 (where twice occurring).

(3) In Part II of the Principal Act, the heading

"Division 7—Perpetuities and Accumulations" is

repealed.

(4) For section 302(1) of the Principal Act

substitute—
"(1) The Governor in Council may make

regulations for or with respect to any matter or thing required or permitted by this Part to be prescribed or necessary to be prescribed

to give effect to this Part.".

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Property Law (Amendment) Act 1998

Notes Act No. 23/1998

NOTES

†

Minister's second reading speech—

Legislative Assembly: 19 March 1998

Legislative Council: 21 April 1998

The long title for the Bill for this Act was "to amend the Property Law
Act 1958 and for other purposes."