Thursday, October 13, 2005

Injunction granted against a conveyancing company

On Friday 16 September 2005 the Law Institute of Victoria (LIV) made
application to the Supreme Court for an injunction against Home Conveyancing and Probate Services Pty Ltd pursuant to s316 of the Legal Practice Act 1996
(unqualified practice).

Justice Hanson granted an interim injunction in the following terms:

"Until the trial of the proceeding or further Order the defendant be
restrained from engaging in legal practice in Victoria and in particular
without limiting the generality of the foregoing be restrained from
preparing vendors statement pursuant to s32 of the Sale of Land Act 1962."


The application by the LIV followed receipt of a complaint about this
conveyancing company.

It should be emphasised that the injunction is an interim injunction and
there was an Order that the matter be referred to the listing master to be
fixed for hearing on the basis that it warrants priority.

We anticipate that the matter will be listed for final hearing in 3-4 months
time when the matter will be the subject of a full hearing before the Court.

We will be providing more information on the outcome of the matter once it
has been dealt with by the Court.



John Cain
CEO
Law Institute of Victoria

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