CIVIL LAW (PROPERTY) ACT 2006
Table of Provisions
CHAPTER 1--PRELIMINARY
CHAPTER 2--CONVEYANCING
PART 2.1--CONVEYANCING--PRELIMINARY
- 200 What is a settlement?
PART 2.2--GENERAL RULES ABOUT PROPERTY
Division 2.2.1--Rules of law on certain points
- 201 Instruments required to be in writing
- 202 Creation of interests in land by word of mouth
- 203 Exceptions to s 201 and s 202
- 204 Proceedings do not lie on certain unwritten agreements
- 205 Assignment of debts and things in action
- 206 Merger
- 207 Equitable waste
Division 2.2.2--Property generally
- 208 Person may assure property to self or to self and others
- 209 Power for corporations to hold property as joint tenants
- 210 Interpretation of conveyance etc of property to 2 or more people together
- 211 Tenants in common of equitable estate acquiring legal estate
- 212 People taking who are not parties
- 213 Presumption of survivorship
- 214 Provisions about supplemental instruments
Division 2.2.3--Ending life interests
- 215 Meaning of life interest for div 2.2.3
- 216 Wrongful holding over of life interest etc
- 217 Vesting of interests on end of life interest—evidence of
- 218 Vesting orders made in error
PART 2.3--GENERAL RULES ABOUT DEEDS AND DOCUMENTS OF CORPORATIONS
Division 2.3.1--Deeds and their effect
- 219 Signature and attestation of deeds
- 220 Receipt in deed sufficient
- 221 Receipt in deed or endorsed evidence for subsequent purchaser
- 222 How powers of appointment are to be exercised
Division 2.3.2--Operation of deeds
- 223 Limitations may be made by direct conveyance without uses
- 224 In conveyance use of word grant unnecessary
- 225 Rights of entry etc
- 226 Certain conveyance etc void
Division 2.3.3--Documents of corporations
- 227 Execution of documents by or on behalf of corporations
Division 2.3.4--Powers of appointment
PART 2.4--SALES AND OTHER TRANSACTIONS
Division 2.4.1--Dispositions on trust for sale or with power of sale
- 230 Meaning of purchaser for div 2.4.1
- 231 Consents to execution of trust for sale etc
- 232 Purchaser not to be concerned with trusts of proceeds of sale
- 233 Settlements of personal property invested in land
- 234 Powers given to trustees for sale
- 235 Application of income of land under trust for sale
- 236 Partition of land under trust for sale
- 237 Powers of Supreme Court if trustees for sale decline to exercise
Division 2.4.2--Voidable dispositions
- 238 Meaning of purchaser for div 2.4.2
- 239 Voluntary dispositions to defraud creditors voidable
- 240 Voluntary dispositions of land—how far voidable against
- 241 Acquisitions of reversions at under value
PART 2.5--PARTITION
- 242 Definitions—pt 2.5
- 243 Court may order partition of land held in co-ownership
- 244 Power of Supreme Court to order sale instead of partition
- 245 Authority for interested person to bid
- 246 Parties to partition proceedings
- 247 Several sales in same partition proceeding
PART 2.6--APPORTIONMENT
- 248 Definitions—pt 2.6
- 249 Application of pt 2.6 to dividends of companies
- 250 Income apportionable in relation to time
- 251 Time when apportioned part is payable
- 252 Recovery of apportioned parts
- 253 Exceptions and application
PART 2.7--CHILDREN AND CHILDREN'S PROPERTY
- 254 Receipts by certain children
- 255 Management of land during childhood
- 256 Power to appoint trustees of child's property
- 257 Powers and duties of guardian
PART 2.8--RIGHTS-OF-WAY
- 258 No right-of-way by user against Territory etc
PART 2.9--UNIT TITLES
Division 2.9.1--Important concepts
Division 2.9.2--Off-the-plan contracts—disclosure
- 260 Contract for sale of unit before registration of units plan
- 260A Disclosure statement provided late or not at all
- 260B Seller to notify material change to matter in disclosure statement
- 260C Effect of disclosure update provided in time—type 1 matter
- 260D Effect of disclosure update provided out of time—type 1
- 260E Effect of disclosure update—type 2 matter
- 260F Buyer action if no disclosure update notice
- 260G Seller to notify buyer of registration of units plan
- 260H Evidentiary burden—notices
Division 2.9.3--Implied warranties
- 261 Meaning of implied warranties—div 2.9.3
- 262 Purpose—div 2.9.3
- 264 Implied warranties
- 265 Rescission of contract for sale of unit
- 266 Claim for compensation
Division 2.9.4--Miscellaneous
CHAPTER 3--MORTGAGES
PART 3.1--POWERS IN RELATION TO MORTGAGES
- 300 Application—pt 3.1
- 301 Powers incidental to mortgages
- 302 Receipt for purchase money sufficient discharge
- 303 Notice of sale
- 304 Purported exercise of power of sale
- 305 Application of purchase money by mortgagee
- 306 Property that may be transferred to purchaser
- 307 Mortgagee may call for documents relating to property
- 308 Appointment of receiver
- 309 Receiver taken to be agent of mortgagor
- 310 Powers of receiver
- 311 Ending appointment of receiver etc
- 312 Commission to receiver
- 313 Receiver to insure if required
- 314 Application of amounts received by receiver
PART 3.2--MORTGAGES--OTHER PROVISIONS
- 315 Effect of repayment on ejectment by mortgagee
- 316 Section 315 not to apply in certain cases
- 317 Redemption if mortgagee absent or unknown
CHAPTER 4--LEASES
PART 4.1--LEASES--GENERAL PROVISIONS
Division 4.1.1--Lessee's and lessor's obligations
- 400 Lessee's obligations attach to reversion
- 401 Lessor's obligations to run with reversion
- 402 Lessee to give notice of ejectment to lessor
Division 4.1.2--Renewal of headlease without surrender of sublease
PART 4.2--LEASES TO AND FOR CHILDREN AND FOR ABSENT LESSORS
- 405 Leases for children
- 406 Costs of lease authorisation application for child
- 407 Renewal of leases by children
- 408 Renewal of leases for people not amenable to process
- 409 Preconditions for grant or renewal of lease to be satisfied
- 410 Application of amounts paid for lease renewal under pt 4.2
- 411 Validity of surrenders and leases under pt 4.2
- 412 Costs of applications under pt 4.2
PART 4.3--BREACH OF INSURANCE PROVISIONS
- 413 Application—pt 4.3
- 414 Relief against forfeiture for failure to insure
- 415 Record of relief granted
- 416 Limit on relief
- 417 Noncomplying insurance
- 418 Protection of purchaser of leasehold against forfeiture
PART 4.4--RESTRICTION OF EFFECT OF LICENCE OR WAIVER BY LESSOR
- 419 Application—pt 4.4
- 420 Effect of licence given to lessee
- 421 Operation of partial licences
- 422 Apportionment of conditions of entry on severance
- 423 Waiver of benefit of lease provision
PART 4.5--FORFEITURE OF LEASES
- 424 Definitions—pt 4.5
- 425 Application—pt 4.5
- 426 Restrictions on re-entry or forfeiture
- 427 Notices under s 426 (1)
- 428 Protection of sublessees
PART 4.6--LEASES INVALIDLY GRANTED UNDER POWERS
- 429 Pt 4.6 does not bind the Territory
- 430 Leases taken to be granted in intended exercise of power
- 431 Certain invalid leases taken to be agreements to lease
- 432 Certain leases validated
- 433 Acceptance of rent taken to be confirmation of lease
- 434 Lessee bound to accept confirmation
- 435 Pt 4.6 does not affect certain other rights
PART 4.7--RECOVERY OF LEASED PREMISES
CHAPTER 5--MISCELLANEOUS
PART 5.1--DEBTS CHARGED ON PROPERTY OF DECEASED PERSON
- 500 Charges on property of deceased person to be paid primarily out of property
PART 5.2--STIPULATIONS IN CONTRACTS
- 501 Stipulations not of the essence of contracts
PART 5.3--MISCELLANEOUS--OTHER PROVISIONS
- 502 Approved forms
- 503 Regulation-making power DICTIONARY ENDNOTES