Disputes Between Co-owners

The laws applying to those who own property together (co-owners) affect many people, yet the complexity of the law makes it difficult and expensive to resolve disputes or to end their co-ownership.

On 27 April 2001, the newly-formed Victorian Law Reform Commission, receiving its first reference from the Attorney-General, was asked to make recomendations for simplifing and clarifying the law for property co-owners, making the sale and division of co-owned land easier, minimising disputes, and clarifying the mechanisms for resolving disputes.

The final report, tabled in Parliament on 24 April 2002, included 59 recommendations aimed at making the system cheaper and easier to use. 

Implementation

The Property (Co-Ownership) Act 2005  implemented key recommendations of the Commission’s report. The main purposes of the Act were to amend the Property Law Act 1958 to provide for the transfer of jurisdiction for disputes relating to the co-ownership of land and goods from the Supreme Court and County Court to VCAT; and to amend the remedies available for determining those disputes.

The amendments made the process for resolving disputes about co-ownership more accessible and cheaper, and provided for a wider and more flexible range of remedies for disputes.

Timeline

Current: Table in parliament

Full timeline:

Reference
Consultation
Submissions
Final report
Tabled in parliament
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Project Publications

Disputes between Co-owners: Final Report

The Disputes between Co-owners: Final Report was tabled in Parliament on 24 April 2002, marking the completion of the Commission’s first inquiry. The...

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Disputes Between Co-owners - Recommendations

In its Disputes between Co-owners Report (2002), the Commission made 59 recommendations:  Specification of the Nature of the Co-owned Interest upon...

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Disputes Between Co-owners: Discussion Paper

The Disputes between Co-owners: Discussion Paper was released on 21 June 2001 and received 16 submissions. The paper looks at rules that define an...

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Disputes Between Co-owners - Terms of Reference

On 27 April 2001, the Attorney-General gave the Victorian Law Reform Commission a reference:  1. To review Part IV of the Property Law Act 1958, with...

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