o_1937aahn31ruc1bt9ajr12u811a.pdf

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Special Conditions Continued Special condition 2.1 – GST farming business General condition 13.1(b) is deleted and replaced by the following: if the particulars of sale specify that the supply made under this contract is of land on which a farming business is carried on and the supply (or a part of it) does not satisfy the requirements of section 38-480 of the GST Act; or Special condition 2.2 – GST farming business General condition 13.4 is deleted and replaced by the following: If the particulars of sale specify that the supply made under this contract is of land on which a ‘farming business’ is carried on: (a) the vendor warrants that the property is land on which a farming business has been carried on for the period of 5 years preceding the date of supply; and (b) the purchaser warrants that the purchaser intends that a farming business will be carried on after settlement on the property. (c) in any manner authorised by law or the Supreme Court for service of documents, including any manner authorised for service on or by a legal practitioner; or (d) by email. Special condition 4 – Nomination General condition 18 is deleted and replaced by the following: The purchaser may nominate a substitute or additional transferee, but the named purchaser remains personally liable for the due performance of all the purchaser’s obligations under this contract. Special condition 5 – Acceptance of title General condition 12.4 is added: Where the purchaser is deemed by section 27(7) of the Sale of Land Act 1962 to have given the deposit release authorisation referred to in section 27(1), the purchaser is also deemed to have accepted title in the absence of any prior express objection to title. Special condition 3.1 – Service General condition 17.1 is deleted and replaced by the following: Any document sent by – (a) post is taken to have been served on the next business day after posting, unless proved otherwise; (b) email is taken to have been served at the time of receipt as provided in section 13A of the Electronic Transactions (Victoria) Act 2000. Special condition 3.2 – Service General condition 17.2 is deleted and replaced by the following: Any demand, notice or document required to be served by or on any party may be served by or on the legal practitioner or conveyancer for that party. It is sufficiently served if served on the party or on the legal practitioner or conveyancer. (a) personally; or (b) by pre-paid post; or 2140857_001.docx
CONTRACT OF SALE OF REAL ESTATE – SPECIAL CONDITIONS 1 DEFINITIONS 1.1 Definitions In this Contract: Act means the Sale of Land Act 1962 Authority means any municipality, authority or person exercising any powers or functions under any applicable laws or legal requirements, including the Council; Business Day means any day on which banks are open for business in Melbourne, Victoria; Contract means these Special Conditions, together with the General Conditions (as amended) and the Annexures, Schedules and Attachments to this contract; Council means the Greater Bendigo City Council; General Conditions means the general conditions attached to this Contract; GST means GST within the meaning of the GST Act; GST Act means A New Tax System (Goods and Services Tax) Act 1999; Guarantee means a deed of guarantee and indemnity in the form contained in Annexure A; Lot means a lot on the Plan of Subdivision; Lot Reservation Agreement means the agreement so named between the Vendor and the Purchaser in respect of the Property Plan of Subdivision means the unregistered, draft Plan of Subdivision, a copy of which is contained in Annexure B of The Lot Reservation Agreement and within the Section 32 of annexure C of the Lot Reservation Agreement; Planning Permit means any planning or other permit issued by the Council with respect to the Property (if any), as amended or replaced from time to time; Plans and Specifications means the plans and specifications (if applicable) in respect of the Property as identified in the annexure to the Vendor’s Statement; Property means the Land set out in the Particulars of Sale. Registration Date means the latest date for registration of the Plan of Subdivision being not less than twenty-four (24) months from the date of the Contract of Sale; 2140857_001.docx
Page 2 and 3: 2 SCHEDULE DEVELOPER'S SOLICITOR LO
Page 4 and 5: 4 “Development Approvals” means
Page 6 and 7: 6 other outgoings payable in respec
Page 8: 8 2. RESERVATION 2.1 The Developer
Page 12 and 13: 12 8. TRANSFERS 8.1 Except as other
Page 14 and 15: 14 (b) shall not be varied in any w
Page 16 and 17: 16 (b) (c) (d) if posted, on the se
Page 18 and 19: 18 EXECUTED AS AN AGREEMENT EXECUTE
Page 20 and 21: 20 ANNEXURE A NOMINATION FORM conce
Page 22 and 23: CONCEPT PLAN C CO PYR IGH T. TH E I
Page 28 and 29: CONTRACT OF SALE OF REAL ESTATE Par
Page 30 and 31: SETTLEMENT At the expiration of: -
Page 32 and 33: (c) domestic building work was carr
Page 34 and 35: 9.3 The purchaser is entitled to in
Page 36 and 37: 13.6 If the particulars of sale spe
Page 38 and 39: (e) (f) (g) (h) (i) insurance costs
Page 40 and 41: Special Conditions Instructions: It
Page 44 and 45: Reservation Fee means the fee state
Page 46 and 47: (b) (c) 8.2 Plan of Subdivision: If
Page 48 and 49: 9.2 Adjustment of outgoings (a) (b)
Page 50 and 51: 12.2 If the Vend or elects to conne
Page 52 and 53: 19.3 The Vendor gives notice to the
Page 54 and 55: (f) (g) (h) (i) (j) (k) 27 FENCES 2
Page 56 and 57: 30 NO MERGER Obligations under this
Page 58 and 59: BENDIGO VINEYARD ESTATE PTY LTD

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