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Victorian Law Reform Commission releases first publication

21 June 2001

The Victorian Law Reform Commission released its first discussion paper today less than 2 months after the Commission was launched by the Attorney General. The Disputes Between Co-owners discussion paper deals with reforms to laws relating to co-ownership of property.

On 27 April 2001 the Attorney General, Rob Hulls MP launched the Victorian Law Reform Commission. At the launch, the Attorney General announced 3 projects for the Commission to investigate including a review of co-ownership laws. The aim of the Inquiry is to make sale or division of co-owned land easier, to minimise potential disputes, and to spell out mechanisms for resolving any disputes that arise.

Co-owners are people who own land or other property together. The laws dealing with co-ownership are archaic with some aspects dating back to the 15th century. Co-ownership laws are extremely technical and complex. The complexity of the rules makes it difficult and expensive for people who own property together to end co-ownership or to resolve disputes without going to court. The Discussion Paper canvasses several progressive options for reform that seek to simplify and streamline the law.

The Chairperson of the Commission, Professor Marcia Neave said today: ‘I am proud to release the first publication of the new Victorian Law Reform Commission. The Disputes Between Co-owners Discussion Paper reflects our approach to law reform. Despite the complexity of the laws in this area, we have written the paper in accessible language to ensure wider community engagement in law reform debates. I would like to encourage people to read the paper and provide feedback to the Commission on options for reform.”

The Commission is keen to receive comments on its Discussion Paper from the community. While the area of law is complex, the Commission has prepared a summary of the Discussion paper and identified specific questions that it seeks responses to. Professor Neave said: “Because people do not always feel able to make written submissions or present evidence formally, the Commission will use approaches which allow individuals and groups to express their views in ways that suit them.”