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Victorian Law Reform Commission completes first inquiry
24 April 2002
Less than a year after it was established, the Victorian Law Reform Commission has completed its first Inquiry. The Attorney-General, Hon Rob Hulls MP tabled its final report on Disputes Between Co-owners in Parliament today. The report recommends modernisation of the laws which deal with people who own property together.
Professor Marcia Neave, the Law Reform Commissioner, said “I am delighted that we have completed our first inquiry, and that it is in an area which affects so many people.”
The Commission’s report focuses mainly on land that is owned by two or more people, such as spouses, business partners or family members. It also contains a number of recommendations about co-ownership of goods.
Recommendations contained in the report include having most disputes heard by the Victorian Civil and Administrative Tribunal (VCAT), rather than the Supreme or County Courts, and making alternative dispute resolution processes available.
“This is an area of law that is in great need of reform” said Professor Neave. “Some of the existing laws date back to the sixteenth century, and are very difficult to understand. People who own property together do not understand their rights and the current process for resolving disputes is expensive, time-consuming, and inappropriate to the needs of most people who own property together.”
“The recommendations we have made enhance access to justice in a very practical way. By clarifying the law they help to avoid disputes. The changes we have recommended, if implemented, will create a simple, cheap system for resolving any disputes that do arise.”
The Government is considering the Commission’s recommendations.