Here is a link to the legislation:
Hayden Starke Chambers
Cooling-off period (Section 31 Sale of Land Act 1962)You may end this contract within 3 clear business days of the day that your [sic] sign the contract if none of the exceptions listed below applies to you.
You must either give the vendor or the vendor’s agent written notice that you are ending the contract or leave the notice at the address of the vendor or the vendor’s agent to end this contract within this time in accordance with this cooling-off provision.
You are entitled to a refund of all the money you paid EXCEPT for $100 or 0.2% of the purchase price (whichever is more) if you end the contract in this way.On the following page, under the heading ‘PARTICULARS OF SALE’, were listed the ‘vendor’s estate agent’ (giving contact details of Marshall White including the email address of Mr Gibbons), followed by the name (but not any contact details) of the ‘vendor’, the name and contact details of the ‘vendor’s legal practitioner or conveyancer’, the ‘purchaser’ and the ‘purchaser’s legal practitioner or conveyancer’, and particulars of the ‘land’, ‘property address’, ‘goods sold with land’ and ‘payment’.
17.1 Any document sent by—(a) post is taken to have been served on the next business day after posting, unless proved otherwise;(b) email is taken to have been served at the time of receipt as provided in section 13A of the Electronic Transactions (Victoria) Act 2000.
17.2 Any demand, notice or document required to be served by or on any party may be served by or on the legal practitioner or a conveyancer for that party. It is sufficiently served if served on the party or on the legal practitioner or conveyancer:(a) personally; or(b) by pre-paid post; or(c) in any manner authorised by law or the Supreme Court for service of documents, including any manner authorised for service on or by a legal practitioner; or(d) by email.
The purchaser must pay the deposit:(a) to the vendor’s licensed estate agent; or(b) if there is no estate agent, to the vendor’s legal practitioner or conveyancer; or(c) if the vendor directs, into a special purpose account in an authorised deposit-taking institution in Victoria specified by the vendor in the joint names of the purchaser and the vendor.
(1) A notice in writing required or authorized to be given by this Act shall be sufficiently served upon any person—(a) if it is served personally or left at his last known place of abode in Victoria; or(b) if served personally or by post upon his legal practitioner or conveyancer named in the contract or otherwise authorized by the person to be served to act in the particular matter.
The issue is then whether the contract itself constituted Marshall White the agent of the [vendor] for the purpose of s 31. The starting point must be the ‘important notice’ which embodies the language of s 31(3) itself. It uses, of course, the words ‘the vendor or the vendor’s agent’ to describe the person to whom the notice must be given. At the top of the next page are found the details of the ‘vendor’s estate agent’. No other person is described in the contract using the term ‘agent’. Further, the cover page includes the words ‘Any person whose signature is secured by an estate agent acknowledges being given by the agent …’, indicating a use of the word ‘agent’ to describe an estate agent. As the applicants submitted, ‘agent’ is commonly used as shorthand for an estate agent. Whereas, for the reasons given, Parliament did not adopt that shorthand usage in s 31(3), the same conclusion does not necessarily follow when the same words are replicated in a contract of sale.The Court of Appeal noted that the sale contract is to be construed in accordance with the general principles of construction of contracts. That requires consideration of the language used by the parties, the surrounding circumstances known to them and the commercial purpose or objects to be secured by the contract.
... there is no reason why the contract may not go further than the minimum requirements of the legislation. In particular, s 31 does not insist that the vendor nominate an agent or provide particulars for service on that agent, but a contract to which the section applies may well do so. Moreover, while s 31 does not have the effect that the vendor’s estate agent is an ‘agent’ for the purposes of the section, the contract may have that result.The Court stated that it is commonplace, where the vendor has an estate agent, that the purchaser is likely, up until and including the point of signing the contract, to have dealt principally if not exclusively with that estate agent rather than with the vendor or the vendor’s legal practitioner or conveyancer. Ordinarily, where an estate agent has been appointed, those other parties have no involvement with prospective purchasers prior to sale. It is in the nature of an estate agent’s role that he or she deals with prospective purchasers, and a legal practitioner or conveyancer is generally not required until after the contract is signed. Moreover, the estate agent accepts the purchaser’s deposit in accordance with both statute and the present contract. The estate agent with whom a purchaser will have been so dealing is prominently identified as such in the contract. This is an important aspect of the context in which the contract of sale operates.
... it is natural that a reasonable person in the position of the purchaser ... reading the contract would infer that the ‘vendor’s agent’ to whom reference is made in the ‘important notice’ is the person with whom the purchaser has been dealing in place of the vendor and who is described immediately thereafter as the ‘vendor’s estate agent’. That conclusion is supported by the use of the word ‘agent’ earlier on the cover page in a context where it plainly means ‘estate agent’.The purpose of the notice provision is better achieved by a construction which enables the purchaser to rely on the common use of the word ‘agent’ to describe an ‘estate agent’, rather than requiring the purchaser to divine from provisions which do not even use that word that the true ‘agent’ is, in fact, somebody else.
A tenancy agreement terminates if a mortgagee in respect of rented premises gives a notice to vacate under section 268 and—(a) the tenant vacates the rented premises on or after the termination date specified in the notice; or
(b) the tenancy agreement terminates in accordance with section 334.
If a mortgagee in respect of rental premises under a mortgage entered into before the tenancy agreement was entered into becomes entitled to possession of, or to exercise a power of sale in respect of, the premises under a mortgage, the mortgagee may give the tenant a notice a notice to vacate the premises.