Property Law

2016/17 Annual Report

Members of the Property Law Committee represent the Law Society on a number of external stakeholder groups and committees, the Law Council of Australia Legal Practice Section Australian Property Law Group and the Law Council of Australia E-conveyancing Working Group. Notably during this period there was a lot of activity for Law Society representatives on the Landgate Industry Reference Group and the PEXA Industry Reference Group.

The Committee had a considerable amount of work in considering the large number of reforms that were drafted amending the Strata Titles Act 1985. At the time of this report the draft Bills considered included:

  • Strata Titles Amendment Bill 2016 (Management of Schemes;
  • Strata Titles Amendment Bill 2017 (information and Seller Disclosures); and
  • Strata Titles Amendments Bill 2017 (Disputes).

Additional submissions will be prepared in the next reporting period when further draft Bills are scheduled for release for consultation. A notable piece of draft legislation will be the new Community Titles Bill that the State Government has confirmed will be introduced later this year or in 2018.

The Committee continued to support the Law Society in its advocacy work with the State Government on the proposal to mandate electronic lodgement commencing 1 August 2017 for the following documents:

  • discharge of mortgage;
  • mortgage transactions;
  • caveats and withdrawal of caveat; and
  • transfers.

Other initiatives included reviewing the amendments to the Sale of Land Act and the updating of the considering the amendments to the Joint Form of General Conditions for the Sale of Land 2011 which is being reviewed by the Law Society’s General Conditions for Sale Committee.

As in previous years, the Committee has continued to monitor issues arising in specific areas including the Contaminated Sites Act 2003, retirement villages, the Land Titles Registration Manual and the Business Focus Amendments to the Transfer of Land Act 1893.

For more information about this committee please email General Manager, Advocacy – Mary Woodford, advocacy@lawsocietywa.asn.au