CIVIL LAW (PROPERTY) ACT 2006
CIVIL LAW (PROPERTY) ACT 2006
TABLE OF PROVISIONS
Long Title
CHAPTER 1--PRELIMINARY
1. Name of Act
3. Dictionary
4. Notes
5. Application of Act
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
228. Application—div 2.3.4
229. Appointments to be valid despite exclusion of object
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
259. Definitions—pt 2.9
259A. Meaning of type 1 matter and type 2 matter
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
267. Operation of part cannot be excluded etc
268. Rescission—effect
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
403. Renewal of headlease
404. Rights on renewal
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
436. Application—pt 4.7
437. Who is an agent for pt 4.7?
438. Recovery of possession
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
