A Caveat is an inexpensive yet invaluable way of protecting your interests when it comes to purchasing a property. In a previous case before the High Court of Australia, Purchasers of a property were left without the house which they thought they purchased, and were also handed an enormous legal bill!
How directive does a Section 146 Notice need to be in order to be valid? In a complex case involving managed investment schemes and plantation forest, one part of the case revolved around a Tenant who had been served with a Section 146 Notice by a Landlord who subsequently took possession pursuant to the notice and sold the Premises. Despite not taking action when the Section 146 Notice was issued, the Tenant later argued for relief against forfeiture on grounds including that the Section 146 Notice lacked clarity to enable to the Tenant to rectify the breach. In particular, the notice did not specify an exact amount of compensation sought by the Landlord.
