Disputes Between Co-owners

On 27 April 2001, the Commission was asked to simplify and clarify the law for co-owners, make the sale and division of co-owned land easier, minimise disputes and clarify the mechanisms for resolving disputes.

The final report was tabled in Parliament on 24 April 2002, marking the completion of the Commission’s first inquiry.

It included 59 recommendations aimed at making the system to resolve disputes cheaper and easier to use. 

Implementation

The Property (Co-Ownership) Act 2005  implemented key recommendations of the Commission’s report. The main purposes of the Act were to amend the Property Law Act 1958 to provide for the transfer of jurisdiction for disputes relating to the co-ownership of land and goods from the Supreme Court and County Court to VCAT; and to amend the remedies available for determining those disputes.

The amendments made the process for resolving disputes about co-ownership more accessible and cheaper, and provided for a wider and more flexible range of remedies for disputes.

 

Timeline

Current: Table in parliament

Full timeline:

Reference
Consultation
Submissions
Final report
Tabled in parliament
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Project Publications

Disputes between Co-owners: Final Report

The Disputes between Co-owners: Final Report was tabled in Parliament on 24 April 2002, marking the completion of the Commission’s first inquiry. The...

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Disputes Between Co-owners - Recommendations

Specification of the Nature of the Co-owned Interest upon Registration 1. That a provision be inserted into the Transfer of Land Act 1958 that...

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Disputes Between Co-owners - Terms of Reference

1. To review Part IV of the Property Law Act 1958, with a view to introducing simpler and cheaper processes for the resolution of disputes between co...

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