CORNELL & ASSOCIATES

LICENCE NO. 000993L

LICENCE NO. 000992L
Covered by Professional Indemnity Insurance Against Civil Liability

ADDRESS
SUITE 1 726 HIGH STREET
KEW EAST VIC 3102

PHONE
03 9859 9860

FAX
03 9859 9658

CONTRACT OF SALE
and

VENDORS STATEMENT
TO THE PURCHASER OF REAL ESTATE PURSUANT
TO SECTION 32 OF THE SALE OF LAND ACT 1962 (“the ACT”)

VENDORS AOYI DEVELOPMENT PTY LTD

PROPERTY LOT , 75 LABURNUM STREET BLACKBURN 3130
REFERENCE NO. C202111M
 

IMPORTANT NOTICES TO PURCHASERS 

Section 9AA(1A) Sale of Land Act 1962 

(a)  The purchaser may negotiate with the vendor about the amount of deposit moneys payable under 
this contract, up to 10 per cent of the purchaser price; and 

(b)  A substantial period of time may elapse between the day on which the purchaser signs the 
contract for sale and the day on which the purchaser becomes registered proprietor of the lot; and  

(c)  The value of the lot may change between the day on which the purchaser signs the contact for 
sale of that lot and the day on which the purchaser becomes registered proprietor. 
 CONTRACT OF SALE OF REAL ESTATE
PART 1 OF THE STANDARD FORM OF CONTRACT PRESCRIBED
BY THE ESTATE AGENTS (CONTRACTS) REGULATIONS 2008

IMPORTANT NOTICE TO PURCHASERS

Cooling-off period Section 31, Sale of Land Act 1962

You may end this contract within 3 clear business days of the day that you sign the contract if none of the exceptions
listed below applies to you.

You must either give the vendor or the vendor's agent written notice that you are ending the contract or leave the notice
at the address of the vendor or the vendor's agent to end this contract within this time in accordance with this cooling-off
provision.

You are entitled to a refund of all the money you paid EXCEPT for $100 or 02% of the purchase price (whichever is
more) if you end the contract in this way.

EXCEPTIONS

The 3-day cooling-off period does not apply if—

1. the sale is by publicly advertised auction;

2. the property is sold-
(a) at a publicly advertised auction;
(b) within three clear business days before the day on which a publicly advertised auction for the sale of that
land is to be held;
(c) within three clear business days after the day on which a publicly advertised auction for the sale of that land
was held;
3. the purchaser is an estate agent within the meaning of the Estate Agents Act 1980 or a corporate body;
4. the vendor and purchaser have previously entered into a contract for the sale of the same land in substantially
the same terms.

The Vendor sells and the Purchaser buys both the Property and the Chattels (if any) for the price shown and upon the
conditions set out in this Contract.

The conditions of this contract are contained in the attached:-

1. Particulars of Sale;
2. Special Conditions (if any);
3. General Condition;
4. Guarantee;
5. Vendors Statement Pursuant to Section 32(1) of the Sale of Land Act 1962

and in that order of priority.

The Vendor’s Statement required by section 32(1) of the Sale of Land Act 1962 is attached to and forms part of this
contract. The parties should ensure that when they sign the contract they receive a copy of the Vendor’s Statement, the
general conditions and any special conditions.
 SIGNING OF THIS CONTRACT

The authority of a person signing:

1. under power of attorney; or

2. as director of a corporation; or
3. as agent authorized in writing by one of the parties

must be noted beneath the signature.

Any person whose signature is secured by an estate agent acknowledges being given by the agent at the time of
signing a copy of this contract comprising:

1. Form 1 (Contract of Sale of Real Estate – Particulars of Sale);

2. Special Conditions, if any;
3. Form 2 (Contract of Sale of Real Estate – General Conditions);
4. Vendor’s Statement.

SIGNED BY THE PURCHASER: on the day of 2017

……………………………………..………………………………………...………………………………………………………….
Print name of Purchasers:
State nature of authority if applicable (e.g. “director”, “attorney under power of attorney”)

This offer will lapse unless accepted within [__________] clear business days (3 days if none specified).

SIGNED BY THE VENDORS: on the day of 2017

……………….………………………….……………………………………………………...............................................................
Print name of Directors: as director(s) of AOYI DEVELOPMENT PTY LTD
State nature of authority if applicable (e.g. “director”, “attorney under power of attorney”)

The DAY OF SALE is the date by which both parties have signed this contract.
 2ONTRACT OF SALE OF REAL ESTATE
PARTICULAR OF SALE

VENDOR’S T:
ESTATE AGENT: F:

VENDOR’S CORNELL & ASSOCIATES T: 03 9859 9860

REPRESENTATIVE: Suite 1, 726 High Street Kew East VIC 3102 F: 03 9859 9658
Ref:C202111M

PURCHASER’S T:
REPRESENTATIVE: F:

VENDOR: AOYI DEVELOPMENT PTY LTD

Of 21 Ellingworth Parade, Box Hill, VIC 3128

PURCHASER:
Of
And Note: if more than one Purchaser signs this Contract of Sale, it is the
responsibility of each Purchaser to state the proportion or proportions in which
each purchaser intends to hold the property sold, or to otherwise state that the
purchasers or any or either of them shall purchase in the name of the purchaser
and in or in the name of a nominee. If the proportion of any purchaser as
recorded in a subsequent Transfer of Land differs from the proportions stated in
this Contract of Sale, it shall be the responsibility of the Purchaser or any or
either of them to pay any additional stamp duty which may accrue as a
consequence of any variation in the proportion stated in this Contract of Sale and
the subsequent Transfer of Land.

LAND: Lot on the attached proposed plan of subdivision being part of the land
in certificate of title Volume 08733 Folio 213.

PROPERTY ADDRESS: LOT 75 LABURNUM STREET BLACKBURN 3130

CHATTELS: Refer to specifications attached

PURCHASE PRICE: $

DEPOSIT $ 10% on the signing hereof

BALANCE $

GST (refer to general condition 13)

The price includes GST (if any) unless the word ‘plus GST’ appear in this box

If this is the sale of a farming business or a going concern then add the words ‘farming business’ or ‘going
concern’ in this box

If the margin scheme will be used to calculate GST then add the words ‘margin scheme’ in this box
Margin Scheme
SETTLEMENT

Settlement is due on the day of 20

Unless the land is a lot on a Plan of Subdivision in which case settlement is due on the above date or 14 days
after the Vendor gives notice to the Purchaser/s of registration of the Plan, whichever is the later date.

At settlement the Purchaser/s shall be entitled to vacant possession unless the words ‘subject to lease’ appear
in this box

In which case refer to General Condition 1.1.

If ‘subject to lease’ then the particulars of any lease are: NOT APPLICABLE

If this contract is intended to be a terms contract within the meaning of the Sale of Land Act 1962 then add the
words ‘terms contract’ in this box

ENCUMBRANCES

This contract is NOT subject to an existing mortgage unless the words ‘special to an existing mortgage’ appear
in this box

SPECIAL CONDITION

This contract does not include any special conditions unless the words ‘special conditions’ appear in this box
Special condition

DATE OF THIS CONTRACT IS THE DATE OF SALE

Day of sale is the day of 2017

 Status Declaration 
 

Foreign Person 

Is the Purchaser a Foreign Person? Foreign person means: 

1. an individual not ordinarily resident in Australia; or

2. a corporation in which an individual not ordinarily resident in Australia, a foreign
corporation or a foreign government holds a substantial interest ; or
3. a corporation in which 2 or more persons, each of whom is an individual not
ordinarily resident in Australia, a foreign corporation or a foreign government, hold
an aggregate substantial interest ; or
4. the trustee of a trust in which an individual not ordinarily resident in Australia, a
foreign corporation or a foreign government holds a substantial interest ; or
5. the trustee of a trust in which 2 or more persons, each of whom is an individual not
ordinarily resident in Australia, a foreign corporation or a foreign government, hold
an aggregate substantial interest; or
6. (f) a foreign government; or
7. (g) any other person, or any other person that meets the conditions, prescribed by the
regulations.

Note: In certain circumstances, an associate of a foreign person may be taken to be a foreign

person even if the associate is not a foreign person (see Subsection 54(7) of the
Foreign Acquisitions and Takeovers Act 2015.

Yes 

No 

The Purchaser and any natural person signing on behalf of the Purchaser warrants that the answers 
given in this declaration are accurate. 
 CONTRACT OF SALE OF REAL ESTATE
GENERAL CONDITIONS
PART 2 OF THE STANDARD FORM OF CONTRACT PRESCRIBED
BY THE ESTATE AGENTS (CONTRACTS) REGULATIONS 2008
TITLE
1. ENCUMBRANCES
1.1 The purchaser buys the property subject to:
(a) any encumbrance shown in the Vendor's Statement other than mortgages or caveats; and
(b) any reservations in the crown grant; and
(c) any lease referred to in the particulars of sale.
1.2 The purchaser indemnifies the vendor against all obligations under any lease that are to be performed by the
landlord after settlement.
1.3 In this general condition ‘section 32 statement’ means a statement required to be given by a vendor under
section 32 of the Sale of Land Act 1962 in accordance with Division 2 of Part II of that Act.

2. VENDOR WARANTIES
2.1 The vendor warrants that these general conditions 1 to 28 are identical to the general conditions 1 to 28 in
the standard form of contract of sale of real estate prescribed by the Estate Agents (Contracts) Regulations
2008 for the purposes of section 53A of the Estate Agents Act 1980.
2.2 The warranties in general conditions 2.3 and 2.4 replace the purchaser's right to make requisitions and
inquiries.
2.3 The vendor warrants that the vendor:
(a) has, or by the due date for settlement will have, the right to sell the land; and
(b) is under no legal disability; and
(c) is in possession of the land, either personally or through a tenant; and
(d) has not previously sold or granted any option to purchase, agreed to a lease or granted a pre-emptive
right which is current over the land and which gives another party rights which have priority over the
interest of the purchaser; and
(e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and
(f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold
with the land.
2.4 The vendor further warrants that the vendor has no knowledge of any of the following:
(a) public rights of way over the land;
(b) easements over the land;
(c) lease or other possessory agreement affecting the land;
(d) notice or order affecting the land which will not be dealt with at settlement, other than the usual rate
notices and any land tax notices;
(e) legal proceedings which would render the sale of the land void or voidable or capable of being set
aside.
2.5 The warranties in general conditions 2.3 and 2.4 are subject to any contrary provisions in this contract and
disclosures in the section 32 statement required to be given by the vendor under section 32 of the Sale of
Land Act 1962 in accordance with Division 2 of Part II of that Act.
2.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that:
(a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the
home was carried out in a proper and workmanlike manner; and
(b) all materials used in that domestic building work were good and suitable for the purpose for which they
were used and that, unless otherwise stated in the contract, those materials were new; and
 (c) domestic building work was carried out in accordance with all laws and legal requirements, including,
without limiting the generality of this warranty, the Building Act 1993 and regulations made under the
Building Act 1993.

2.7 Words and phrases used in general condition 2.6 which are defined in the Building Act 1993 have the
same meaning in general condition 2.6.

3. IDENTITY OF THE LAND

3.1 An omission or mistake in the description, measurements or area of the land does not invalidate the sale.
3.2 The purchaser may not:
(a) make any objection or claim for compensation for any alleged misdescription of the property or any
deficiency in its area or measurements; or
(b) require the vendor to amend title or pay any cost of amending title.
4. SERVICES
4.1 The vendor does not represent that the services are adequate for the purchaser's proposed use of the property
and the vendor advises the purchaser to make appropriate inquiries. The condition of the services may change
between the day of sale and settlement and the vendor does not promise that the services will be in the same
condition at settlement as they were on the day of sale.
4.2 The purchaser is responsible for the connection of all services to the property after settlement and the payment
of any associated cost.
5. CONSENTS
The vendor must obtain any necessary consent or licence required for the sale. The contract will be at an
end and all money paid must be refunded if any necessary consent or licence is not obtained by settlement.
6. TRANSFER
The transfer of land document must be prepared by the purchaser and delivered to the vendor at least 10
days before settlement. The delivery of the transfer of land document is not acceptance of title. The vendor
must prepare any document required for assessment of duty on this transaction relating to matters that are or
should be within the knowledge of the vendor and, if requested by the purchaser, must provide a copy of that
document at least 3 days before settlement.
7. RELEASE OF SECURITY INTEREST
7.1 This general condition applies if any part of the property is subject to a security interest to which the
Personal Property Securities Act 2009 (Cth) applies.
7.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any
security interests affecting any personal property for which the purchaser may be entitled to a release,
statement, approval or correction in accordance with general condition 7.4, the purchaser may request the
vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made
by the purchaser under this condition if the purchaser makes the request at least 21 days before the due
date for settlement.
7.3 If the purchaser is given the details of the vendor’s date of birth under condition 7.2, the purchaser must
(a) only use the vendor’s date of birth for the purposes specified in condition 7.2; and
(b) keep the date of birth of the vendor secure and confidential.
7.4 The vendor must ensure that at or before settlement, the purchaser receives –
(a) a release from the secured party releasing the property from the security interest; or
(b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities
Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or
 (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property
Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the
contract is not or will not be property in which the security interest is granted.
7.5 Subject to general condition 7.6, the vendor is not obliged to ensure that the purchaser receives a release,
statement, approval or correction in respect of personal property –
(a) that –
(i) the purchaser intends to use predominately for personal, domestic or household purposes; and
(ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the
purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than
that
prescribed amount; or
(b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind.
7.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in
respect of personal property described in general condition 7.5 if –
(a) the personal property is of a kind that may be described by a serial number in the Personal
Property Securities Register; or
(b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the
security agreement that provides for the security interest.

7.7 A release for the purposes of general condition 7.4(a) must be in writing.

7.8 A release for the purposes of general condition 7.4(a) must be effective in releasing the goods from the
security interest and be in a form which allows the purchaser to take title to the goods free of that security
interest.

7.9 If the purchaser receives a release under general condition 7.4(a) the purchaser must provide the vendor
with a copy of the release at or as soon as practicable after settlement.

7.10 In addition to ensuring a release is received under general condition 7.4(a), the vendor must ensure that at
or before settlement the purchaser receives a written undertaking from a secured party to register a
financing change statement to reflect that release if the property being released includes goods of a kind
that are described by serial number in the Personal Property Securities Register.

7.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale
on the Personal Property Securities Register, which the purchaser reasonably requires to be released, at
least 21 days before the due date for settlement.

7.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security
interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice
under general condition 7.11

7.13 If settlement is delayed under general condition 7.12, the purchaser must pay the vendor –
(a) interest from the due date for settlement until the date on which settlement occurs or 21 days after
the vendor receives the advice, whichever is the earlier; and
(b) any reasonable costs incurred by the vendor as a result of the delay –
as though the purchaser was in default.
7.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This
general condition 7.14 applies despite general condition 7.1.
7.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same
meaning in general condition 7 unless the context requires otherwise.
8. BUILDER WARRANTY INSURANCE
The vendor must provide at settlement details of any current builder warranty insurance relating to the
property if requested in writing to do so at least 21 days before settlement.
9. GENERAL LAW LAND
9.1 This general condition only applies if any part of the land is not under the operation of the Transfer of Land
Act 1958.
9.2 The vendor is taken to be the holder of an unencumbered estate in fee simple in the land if there is an
unbroken chain of title starting at least 30 years before the day of sale proving on the face of the documents
the ownership of the entire legal and equitable estate without the aid of other evidence.
9.3 The purchaser is entitled to inspect the vendor's chain of title on request at such place in Victoria as the
vendor nominates.
9.4 The purchaser is taken to have accepted the vendor's title if:
(a) 21 days have elapsed since the day of sale; and
(b) the purchaser has not reasonably objected to the title or reasonably required the vendor to remedy a
defect in the title.
9.5 The contract will be at an end if:
(a) the vendor gives the purchaser a notice that the vendor is unable or unwilling to satisfy the purchaser's
objection or requirement and that the contract will end if the objection or requirement is not withdrawn
within 14 days of the giving of the notice; and
(b) the objection or requirement is not withdrawn in that time.
9.6 If the contract ends in accordance with general condition 9.5, the deposit must be returned to the purchaser
and neither party has a claim against the other in damages.
9.7 General condition 10.1 should be read, in respect of that part of the land which is not under the operation of
the Transfer of Land Act 1958, as if the reference to 'registered proprietor' is a reference to 'owner'.

MONEY
10. SETTLEMENT
10.1 At settlement:
(a) the purchaser must pay the balance; and
(b) the vendor must:
(i) do all things necessary to enable the purchaser to become the registered proprietor of the land;
and
(ii) give either vacant possession or receipt of rents and profits in accordance with the particulars of
sale.

10.2 The vendor's obligations under this general condition continue after settlement.
10.3 Settlement must be conducted between the hours of 10.00 a.m. and 4.00 p.m. unless the parties agree
otherwise.
11. PAYMENT
11.1 The purchaser must pay the deposit:
(a) to the vendor's licensed estate agent; or
(b) if there is no estate agent, to the vendor's legal practitioner or conveyancer; or
 (c) if the vendor directs, into a special purpose account in an authorised deposit-taking institution in
Victoria specified by the vendor in the joint names of the purchaser and the vendor.

11.2 If the land sold is a lot on an unregistered plan of subdivision, the deposit:
(a) must not exceed 10% of the price; and
(b) must be paid to the vendor's estate agent, legal practitioner or conveyancer and held by the estate
agent, legal practitioner or conveyancer on trust for the purchaser until the registration of the plan of
subdivision.
11.3 The purchaser must pay all money other than the deposit:
(a) to the vendor, or the vendor's legal practitioner or conveyancer; or
(b) in accordance with a written direction of the vendor or the vendor's legal practitioner or conveyancer.
11.4 At settlement, payments may be made or tendered:
(a) in cash; or
(b) by draft or cheque drawn on an authorised deposit-taking institution; or
(c) if the parties agree, by electronically transferring the payment in the form of cleared funds.

11.5 For the purpose of this general condition 'authorised deposit-taking institution' means a body corporate in
relation to which an authority under section 9(3) of the Banking Act 1959 (Cth) is in force.
11.6 At settlement, the purchaser must pay the fees on up to three cheques drawn on an authorised deposit-
taking institution. If the vendor requests that any additional cheques be drawn on an authorised deposit-
taking institution, the vendor must reimburse the purchaser for the fees incurred.
12. STAKEHOLDING
12.1 The deposit must be released to the vendor if :
(a) the vendor provides particulars, to the satisfaction of the purchaser, that either-
(i) there are no debts secured against the property; or
(ii) if there are any debts, the total amount of those debts do not exceed 80% of the sale price; and
(b) at least 28 days have elapsed since the particulars were given to the purchaser under paragraph (a);
and
(c) all conditions of section 27 of the Sale of Land Act 1962 have been satisfied.

12.2 The stakeholder must pay the deposit and any interest to the party entitled when the deposit is released, the
contract is settled, or the contract is ended.
12.3 The stakeholder may pay the deposit and any interest into court if it is reasonable to do so.
13. GST
13.1 The purchaser does not have to pay the vendor any GST payable by the vendor in respect of a taxable
supply made under this contract in addition to the price unless the particulars of sale specify that the price is
‘plus GST’. However the purchaser must pay to the vendor any GST payable by the vendor:
(a) solely as a result of any action taken or intended to be taken by the purchaser after the day of sale,
including a change of use; or
(b) if the particulars of sale specify that the supply made under this contract is a farming business and the
supply (or a part of it) does not satisfy the requirements of section 38-480 of the GST Act; or
(c) if the particulars of sale specify that the supply made under this contract is of a going concern and the
supply (or a part of it) does not satisfy the requirements of section 38-325 of the GST Act.

13.2 The purchaser must pay to the vendor any GST payable by the vendor in respect of a taxable supply made
under this contract in addition to the price if the particulars of sale specify that the price is ‘plus GST’.
13.3 If the purchaser is liable to pay GST, the purchaser is not required to make payment until provided with a tax
invoice, unless the margin scheme applies.
13.4 If the particulars of sale specify that the supply made under this contract is a ‘farming business’:
(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.
13.5 If the particulars of sale specify that the supply made under this contract is a ‘going concern’:
(a) the parties agree that this contract is for the supply of a going concern; and
(b) the purchaser warrants that the purchaser is, or prior to settlement will be, registered for GST; and
(c) the vendor warrants that the vendor will carry on the going concern until the date of supply.
13.6 If the particulars of sale specify that the supply made under this contract is a ‘margin scheme’ supply, the
parties agree that the margin scheme applies to this contract.
13.7 This general condition will not merge on either settlement or registration.
13.8 In this general condition:
(a) 'GST Act' means A New Tax System (Goods and Services Tax) Act 1999 (Cth); and
(b) 'GST' includes penalties and interest.
14. LOAN
14.1 If the particulars of sale specify that this contract is subject to a loan being approved, this contract is subject
to the lender approving the loan on the security of the property by the approval date or any later date allowed
by the vendor.
14.2 The purchaser may end the contract if the loan is not approved by the approval date, but only if the
purchaser:
(a) immediately applied for the loan; and
(b) did everything reasonably required to obtain approval of the loan; and
(c) serves written notice ending the contract on the vendor within 2 clear business days after the approval
date or any later date allowed by the vendor; and
(d) is not in default under any other condition of this contract when the notice is given.

14.3 All money must be immediately refunded to the purchaser if the contract is ended.
15. ADJUSTMENTS
15.1 All periodic outgoings payable by the vendor, and any rent and other income received in respect of the
property must be apportioned between the parties on the settlement date and any adjustments paid and
received as appropriate.
15.2 The periodic outgoings and rent and other income must be apportioned on the following basis:
(a) the vendor is liable for the periodic outgoings and entitled to the rent and other income up to and
including the day of settlement; and
(b) the land is treated as the only land of which the vendor is owner (as defined in the Land Tax Act
2005); and
(c) the vendor is taken to own the land as a resident Australian beneficial owner; and
(d) any personal statutory benefit available to each party is disregarded in calculating apportionment.

TRANSACTIONAL
16. TIME
16.1 Time is of the essence of this contract.
16.2 Time is extended until the next business day if the time for performing any action falls on a Saturday, Sunday
or bank holiday.
17. SERVICE
17.1 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 within the meaning of section 13A of the
Electronic Transactions (Victoria) Act 2000.

17.2 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
(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.

17.3 This general condition applies to the service of any demand, notice or document by or on any party, whether
the expression 'give' or 'serve' or any other expression is used.

18. NOMINEE
The purchaser may nominate a substitute or additional purchaser, but the named purchaser remains
personally liable for the due performance of all the purchaser's obligations under this contract.

19. LIABILITY OF SIGNATORY

Any signatory for a proprietary limited company purchaser is personally liable for the due performance of the
purchaser's obligations as if the signatory were the purchaser in the case of a default by a proprietary limited
company purchaser.

20. GUARANTEE
The vendor may require one or more directors of the purchaser to guarantee the purchaser's performance of
this contract if the purchaser is a proprietary limited company.
21. NOTICES
The purchaser is responsible for any notice, order, demand or levy imposing liability on the property that is
issued or made on or after the day of sale that does not relate to periodic outgoings. The purchaser may
enter the property to comply with that responsibility where action is required before settlement.
22. INSPECTION
The purchaser and/or another person authorised by the purchaser may inspect the property at any
reasonable time during the 7 days preceding and including the settlement day.
23. TERMS CONTRACT
23.1 If this is a 'terms contract' as defined in the Sale of Land Act 1962:
(a) any mortgage affecting the land sold must be discharged as to that land before the purchaser
becomes entitled to possession or to the receipt of rents and profits unless the vendor satisfies
sections 6(1) and 6(2) of the Sale of Land Act 1962; and
(b) the deposit and all other money payable under the contract (other than any money payable in excess
of the amount required to so discharge the mortgage) must be paid to a legal practitioner or
conveyancer or a licensed estate agent to be applied in or towards discharging the mortgage.
23.2 While any money remains owing each of the following applies:
(a) the purchaser must maintain full damage and destruction insurance of the property and public risk
insurance noting all parties having an insurable interest with an insurer approved in writing by the
vendor;
 (b) the purchaser must deliver copies of the signed insurance application forms, the policies and the
insurance receipts to the vendor not less than 10 days before taking possession of the property or
becoming entitled to receipt of the rents and profits;
(c) the purchaser must deliver copies of any amendments to the policies and the insurance receipts on
each amendment or renewal as evidence of the status of the policies from time to time;
(d) the vendor may pay any renewal premiums or take out the insurance if the purchaser fails to meet
these obligations;
(e) insurance costs paid by the vendor under paragraph (d) must be refunded by the purchaser
on demand without affecting the vendor's other rights under this contract;
(f) the purchaser must maintain and operate the property in good repair (fair wear and tear excepted) and
keep the property safe, lawful, structurally sound, weatherproof and free from contaminations and
dangerous substances;
(g) the property must not be altered in any way without the written consent of the vendor which must not
be unreasonably refused or delayed;
(h) the purchaser must observe all obligations that affect owners or occupiers of land;
(i) the vendor and/or other person authorised by the vendor may enter the property at any reasonable
time to inspect it on giving 7 days written notice, but not more than twice in a year.
24. LOSS OR DAMAGE BEFORE SETTLEMENT
24.1 The vendor carries the risk of loss or damage to the property until settlement.
24.2 The vendor must deliver the property to the purchaser at settlement in the same condition it was in on the
day of sale, except for fair wear and tear.
24.3 The purchaser must not delay settlement because one or more of the goods is not in the condition required
by general condition 24.2, but may claim compensation from the vendor after settlement.
24.4 The purchaser may nominate an amount not exceeding $5,000 to be held by a stakeholder to be appointed
by the parties if the property is not in the condition required by general condition 24.2 at settlement.
24.5 The nominated amount may be deducted from the amount due to the vendor at settlement and paid to the
stakeholder, but only if the purchaser also pays an amount equal to the nominated amount to the
stakeholder.
24.6 The stakeholder must pay the amounts referred to in general condition 24.5 in accordance with the
determination of the dispute, including any order for payment of the costs of the resolution of the dispute.
25. BREACH
A party who breaches this contract must pay to the other party on demand:
(a) compensation for any reasonably foreseeable loss to the other party resulting from the breach; and
(b) any interest due under this contract as a result of the breach.

DEFAULT
26. INTEREST
Interest at a rate of 2% per annum plus the rate for the time being fixed by section 2 of the Penalty Interest
Rates Act 1983 is payable on any money owing under the contract during the period of default, without
affecting any other rights of the offended party.
27. DEFAULT NOTICE
27.1 A party is not entitled to exercise any rights arising from the other party's default, other than the right to
receive interest and the right to sue for money owing, until the other party is served and fails to comply with a
written default notice.
27.2 The default notice must:
(a) specify the particulars of the default; and
(b) state that it is the offended party's intention to exercise the rights arising from the default unless, within
14 days of service of the notice—
(i) the default is remedied; and
 (ii) the reasonable costs incurred as a result of the default and any interest payable are paid.

28. DEFAULT NOT REMEDIED

28.1 All unpaid money under the contract becomes immediately payable to the vendor if the default has been
made by the purchaser and is not remedied and the costs and interest are not paid.
28.2 The contract immediately ends if:
(a) the default notice also states that unless the default is remedied and the reasonable costs and interest
are paid, the contract will be ended in accordance with this general condition; and
(b) the default is not remedied and the reasonable costs and interest are not paid by the end of the period
of the default notice.
28.3 If the contract ends by a default notice given by the purchaser:
(a) the purchaser must be repaid any money paid under the contract and be paid any interest and
reasonable costs payable under the contract; and
(b) all those amounts are a charge on the land until payment; and
(c) the purchaser may also recover any loss otherwise recoverable.
28.4 If the contract ends by a default notice given by the vendor:
(a) the deposit up to 10% of the price is forfeited to the vendor as the vendor's absolute property, whether
the deposit has been paid or not; and
(b) the vendor is entitled to possession of the property; and
(c) in addition to any other remedy, the vendor may within one year of the contract ending either:
(i) retain the property and sue for damages for breach of contract; or
(ii) resell the property in any manner and recover any deficiency in the price on the resale and any
resulting expenses by way of liquidated damages; and
(d) the vendor may retain any part of the price paid until the vendor's damages have been determined and
may apply that money towards those damages; and
(e) any determination of the vendor's damages must take into account the amount forfeited to the vendor.
28.5 The ending of the contract does not affect the rights of the offended party as a consequence of the default.
 SCHEDULE

ITEM (1) Encumbrances to be assumed by the purchaser:-

The easements, covenants and other restrictions and encumbrances
shown in the Section 32 Vendor’s Statement of the Sale of Land Act 1962.
ITEM (2) An approved indemnity is not in force and a claim has not been made.

CONTRACT OF SALE OF REAL ESTATE

SPECIAL CONDITIONS

1. INTERPRETATION

1.1 In this Contract unless the context requires otherwise, a reference to:
(1) one gender includes the other genders;
(2) the singular includes the plural and the plural includes the singular;
(3) a person includes a body corporate; and
(4) a reference to legislation includes:
(a) that legislation as amended or re-enacted from time to time; and
(b) a statute, regulation, provision, by-law or other rule enacted pursuant to or
in replacement of that legislation.
1.2 All monetary amounts are in Australian dollars.
1.3 Headings are for convenience only and do not form part of this Contract or affect its
interpretation
1.4 A party which is a trustee is bound both personally and in its capacity as a trustee.
1.5 “Including” and similar expressions are not words of limitation.
1.6 Where a word or expression is given a particular meaning, other parts of speech and
grammatical forms of that word or expression have a corresponding meaning.

2. DEFINITIONS

In this Contract unless the context requires otherwise:

2.1 Act means the Subdivision Act 1988 (Victoria).

Balance means the amount of money or percentage of the Price described in the
Particulars of Sale.
2.2 Bank Guarantee means a deposit bond or irrevocable letter of credit, order or
undertaking Issued by a bank or financial institution that is acceptable to the Vendor
(in its absolute discretion) and in favour of the Vendor for the amount of Deposit upon
terms and conditions which are to the satisfaction of the Vendor in its absolute
discretion.
2.3 Business Day means any day on which trading banks are open for general banking
in the City of Melbourne, excluding Saturdays and Sundays.
2.4 Common Property means all common property created on registration of the Plan of
Subdivision in respect of which the owner of the Lot included in the Property is a
member.
2.5 Contract means this contract of sale of real estate.
2.6 Day of Sale means the day of sale described in the Particulars of Sale.
2.7 Deposit means the amount of money described as the deposit in the Particulars of
Sale.
2.8 FIRB means the Foreign Investment Review Board.
2.9 General Condition means a general condition of sale contained in the most recent
edition of the Contract of Sale of Real Estate published by the Law Institute of Victoria
and the Real Estate Institute of Victoria Ltd.
2.10 Governmental Body means any government or any governmental, semi-
governmental, administrative, fiscal, statutory or judicial body, department,
commission, authority, tribunal, agency or entity.
2.11 Guarantee means the guarantee and indemnity attached as Annexure 3 to this
Contract.
2.12 Interest mean interest accrued on the Deposit in accordance with this Contract less
all stamp and other duties, expenses and taxes payable in relation to the account in
which the Deposit may be invested.
2.13 Land means the lot referred to in the description of the Land in the Particulars of
Sale.
2.14 Lender means the lender (if any) described in the Particulars of Sale.
2.15 Loan means the loan (if any) described in the Particulars of Sale.
2.16 Lot means a lot on the Plan of Subdivision.
2.17 Occupancy Permit means an occupancy permit issued under the Building Act 1993
in respect of property.
2.18 Outgoings means any rates, taxes, assessments and other outgoings which apply to
the Land and includes insurance premiums and fees of the Body Corporate but
excludes any supplementary rates or other such rates assessed in respect of the
Property after the Settlement Date which are the responsibility of the Purchaser.
2.19 Particulars of Sale means the Particulars of Sale attached to and forming part of this
Contract.
2.20 Price means the amount of money described as the price in the Particulars of Sale.
2.21 Property means the Lot described in the Particulars of Sale.
2.22 Purchaser means the person described as the purchaser in the Particulars of Sale
and includes the Purchaser’s successors and assigns as permitted under this
Contract.
2.23 Registrar means the Registrar of Titles.
2.24 Sale of Land Act means the Sale of Land Act 1962 (Victoria).
2.25 Settlement Date means the date described as the settlement date in the Particulars
of Sale.
2.26 Subdivision Regulations means the Subdivision (Body Corporate) Regulations
2001(Victoria).
2.27 Table A means Table a of the Seventh Schedule to the Transfer of Land Act 1958
(Victoria).
2.28 Takeovers Act means the Foreign Acquisitions and Takeovers Act 1975
(Commonwealth).
2.29 Transfer means an instrument of transfer referred to in Table A.
2.30 Treasurer means the Treasurer of the Commonwealth of Australia.
2.31 Vendor or Vendors means the person or persons described as the Vendor in the
Particulars of Sale or his heirs successors, assigns or transferees.
3. FOREIGN ACQUISITIONS

3.1 In this special condition, “Foreign Interest” means a foreign interest as defined in the
Foreign Acquisitions and Takeovers Act 1974 (CTH).
3.2 The Purchaser warrants that the declaration made by the Purchaser in the Particulars
of Sale as to whether he, she or it is a Foreign Interest or not is true (“Status
Declaration”). If the Purchaser has not completed the Status Declaration, then the
Purchaser warrants that he, she or it is not a Foreign Interest.
3.3 If the Purchaser has warranted that he, she or it is not a Foreign Interest, and that
warranty is untrue then:
(a) The Purchaser will be in default under this Contract; and
(b) The Purchaser will indemnify and keep indemnified the Vendor having relied on
the warranty
3.4 If the Purchaser is a Foreign Interest, then the Purchaser agrees to use its best
endeavours to procure approval under the Foreign Acquisitions and Takeovers Act
1974 (CTH). Of its purchaser of the Property (“FIRB Approval”) within 40days after
the Day of Sale (“FIRB Deadline”). The Vendor may in its absolute discretion extend
the FIRB Deadline by written notice to the Purchaser or Purchaser’s solicitors.
3.5 If special condition 3.4 applies, then the Purchaser must within 5 Business Days after
the Day of Sale submit a request for FIRB Approval, and must within 10 Business
Days after the Day of Sale provide to the Vendor’s solicitors a copy of the request as
lodged.
3.6 The Purchaser must give the Vendor’s solicitors notice in writing immediately upon
the Purchaser receiving notification that FIRB Approval has been granted or declined.
3.7 If the Purchaser has not provided to the Vendor written evidence that Purchaser has
FIRB Approval by the FIRB Deadline, then the Vendor may rescind this Contract by
written notice to the Purchaser or the Purchaser’s solicitor.
3.8 If the Purchaser has complied with special conditions 3.4, 3.5, 3.6, and the Purchaser
has not obtained FIRB Approval by the FIRB Deadline, then the Purchaser may
rescind this Contract by written notice to the Vendor’s solicitor.
3.9 If this Contract is lawfully rescinded under either special condition 3.7 or 3.8, then:
(a) All money paid by the Purchaser on account of the Price must be refunded to the
Purchaser;
(b) Any bank guarantee accepted by the Vendor must be returned to the Purchaser;
(c) The Purchaser will not be entitled to any compensation from the Vendor in respect
of any losses, costs, fees or other expense paid or incurred by the Purchaser in
relation to this Contract.

4. GUARANTEE AND INDEMNITY

If the Purchaser is a company not listed on a recognized Australian Stock Exchange

then at least two directors of the Purchaser (or if the Purchaser is a sole director
company, then the sole director) must execute the Guarantee on the Day of Sale.
5. RECEIPT OF VENDOR’S STATEMENT

The Purchaser acknowledges that before signing this Contract, the Purchaser
received a signed Vendor’s Statement, which complies with the requirements of
Section 32 of the SLA Act. The Purchaser warrants that it will not make any objection,
requisition or Claim about any matter included in the Vendor’s Statement.

6. ACCEPTANCE OF THE PROPERTY

6.1 The Purchaser has inspected the Plans and Specifications, has satisfied itself as to all
matters contained therein and accepts that the Property will be constructed generally
in accordance with the Plans and Specifications (as amended from time to time as per
special condition 19).
6.2 The Vendor makes no warranty or representation:
(a) As to the condition of the Land as of the Day of Sale;
(b) As to the compliance of the Land with any Environmental Law;
(c) That the Property complies with any laws affecting the Land and the requirements
of any municipality or statutory authority;
(d) That the Property may be used for any purpose other than residential.
6.3 If, prior to registration, the Lot sold by this Contract is re-numbered, the Purchaser will
and does acknowledge for the purpose of purchasing, that:
(a) The Property is identical with the Lot on the Plan as registered which occupies the
same or approximately the same position in the Building or on the ground on the
Plan when registered; and
(b) The Purchaser accepts any variation without the right to compensation other than
as set out in special condition 14.2.
6.4 The Purchaser cannot object to, make any requisition or Claim, claim for
compensation, delay payment of the Balance or rescind or determine this Contract or
require the Vendor to amend title or to bear the costs for any of the following:
(a) A misdescription of the Property or deficiency in its area or measurements,
boundaries or occupation; or
(b) Failure of the Property to comply with any law.

7. ENCUMBRANCES AND RESTRICTIONS

7.1 The Purchaser buys the Property subject to the following restrictions whether created
before or after the Day of Sale (“Restriction”):
(a) All reservations, exceptions and conditions (if any) included in the certificate of
title of the Land;
(b) All easements, covenants and restriction (if any) affecting the Property and any
failure to comply with the laws;
(c) Any laws affecting the Property and any failure to comply with the laws;
(d) Any rights or claim by any municipality or statutory authority;
(e) Any improvements not being constructed within the boundaries of the Land;
(f) Any improvements encroaching onto the Land;
(g) The condition of the Land as at the Day of Sale;
 (h) The presence of any Contaminant on the Property;
(i) The use and development of the Property;
(j) Any planning permits for or affecting the Property including any conditions set out
in any planning permits;
(k) Any other planning controls affecting the Property;
(l) The Act and the Regulations;
(m)Any restrictions imposed by the Planning Scheme made under the Planning and
Environment Act 1987 or any regulations made under it or any other planning
schemes or restrictions which apply to the Land;
(n) The Owners Corporation Rules;
(o) Any agreement under section 173 of the Planning and Environment Act,
(p) The schedule of unit entitlement and liability endorsed on the Plan; and
(q) Any restriction as to the use of the Property made by any Authority.
7.2 The Purchaser may not make any requisition or objection, Claim, claim compensation
or refuse or delay payment of the Balance in connection with the existence of any
Restriction, or the Vendor’s compliance or non-compliance with any of them.
7.3 A Restriction affecting the Property is not a defect in the Vendor’s title and does not
affect the validity of this Contract.

8. REPRESENTATION AND WARRANTIRES

8.1 The Purchaser acknowledges that:

(a) The Vendor’s agent has acted as agent for the Vendor;
(b) No information, representation or warranty of the Vendor or the Vendor’s agent
was made with the intention or knowledge that it would be relied on by the
Purchaser;
(c) It has not relied on any information, representation or warranty of the Vendor or
the Vendor’s agent;
(d) The Purchaser has relied on its own enquiries with respect to the purchase of the
Property (including all proposed improvements to the Property) and Goods;
(e) It has not relied on any description of the Property contained in any brochure,
investment report or advertising for its sale;
(f) No representation or warranty has been made or given that the Property is
suitable for the Purchaser’s intended purpose or that any permit has been
obtained or is available other than for residential use; and
(g) No warranty has been given as to the condition, quality or fitness for purpose of
the Property, any proposed improvements and Goods.

9. DEPOSIT

9.1 The Purchaser authorizes the Vendor’s agent or Vendor’s solicitor to (but the
Vendor’s agent or Vendor’s solicitor is not obliged to) invest the Deposit in an interest
bearing account in an Australian trading bank.
9.2 The Vendor and the Purchaser agree that if the Deposit is invested in an interest
bearing account, any interest which accrues on the account (less any bank fees,
 charges, taxes and duties and like costs) shall be paid to the party entitled to the
Deposit on the Date that the Deposit is released to that party.
9.3 The Vendor and the Purchaser agree that if the Purchaser is entitled to any interest
which accrues on the Deposit due to the settlement of the Contract, such interest
(less any bank fees, charges, taxes and duties and like cost) shall be paid to the
Purchaser by being credited from the Balance due by the Purchaser on the
Settlement Date.
9.4 No claim can be made against the Vendor or the Vendor’s solicitors in respect of any
tax deducted from any interest on the Deposit because a tax file number was not
supplied to the bank with which the Deposit is invested.
9.5 The Purchaser may (with the approval of the Vendor) pay the Deposit or any part of
the Deposit by way of a bank guarantee (Bank Guarantee). The Bank Guarantee
must be in conditional, valid for a period of not less than 36 months from the Day of
Sale, and issued by a recognized banking organization which is acceptable to the
Vendor.
9.6 If the Purchaser pays the Deposit or any part of the Deposit by way of a Bank
Guarantee:
(a) The Purchaser must pay the Vendor by unendorsed bank cheque the amount of
the Deposit:
i. At settlement; or
ii. If the Vendor rescinds this contract as a result of a default by the Purchaser
or the Vendor otherwise serves a valid notice claiming forfeiture of the
Deposit, within five days after service of that notice.
(b) If the Purchaser does not comply with special condition 9.6(a), the Vendor will be
entitled to call on the Bank Guarantee without notice to the Purchaser and the
amount received shall be treated as if it were the Deposit or part of the Deposit
(as the case may be) paid by the Purchaser before rescission of the Contract,
and, subject to the SLA Act, shall be retained by the Vendor in its own right.
9.7 If the Purchaser fails to comply with special condition 9.6(a)(i), then, without prejudice
to the Vendor’s other rights:
(a) The Vendor is not obliged to complete this Contract until the Purchaser complies
with special condition 9.6(a)(i); and
(b) The Purchaser must pay interest under special condition 34 on the Balance for
the period from the date for payment of the Balance until this Contract is
completed.

10. RESTRICTION ON RE-SALE

10.1 The Purchaser must not prior to settlement without the written consent of the Vendor
sell, transfer, assign, mortgage or otherwise encumber or deal with the Property or
the Purchaser’s rights or interests pursuant to this Contract.
10.2 The Vendor will not unreasonably withhold its consent to a sale of the Purchaser
procures that any successor in title of the Purchaser contracts with the Vendor in the
same terms as this Contract.
10.3 Special condition 10.2 does not apply to a nomination under special condition 25.
10.4 The Purchaser must not place on the Land any advertising material, signs, hoardings,
or any other thing which is visible from the outside of the Property (whether internally
or externally to the Building) without the consent of the Vendor.

11. CAVEAT

11.1 The Purchaser must not lodge, or allow to be lodged on the Purchaser’s behalf, a
caveat on the Property prior to registration of the Plan.
11.2 The Purchaser acknowledges that this is an essential term of this Contract and a
breach of this special condition will cause damage the Vendor. The Purchaser
indemnifies the Vendor for any loss, damage, cost and expense which the Vendor
may incur as a result of the Purchaser’s breach of this special condition.
11.3 The Purchaser appoints the Vendor’s solicitors as its attorney for the purpose of
withdrawing any such caveat or signing a withdrawal of such caveat. The Purchaser
must pay all costs and expenses (including any legal costs on a solicitor/client basis)
incurred by the Vendor as a result of any default by the Purchaser under this special
condition.

12. REGISTRATION ON PLAN

12.1 This Contract is subject to and conditional upon the Plan being registered by the
Registrar within 36 months from the Day of Sale (‘End Date’).
12.2 If registration of the Plan is, or in the Vendor’s reasonable opinion is likely to be,
delayed as a result of any one or more of the following events:
(a) Conditions or requirements being imposed by:
i. Any act or law;
ii. Any statutory, government or like body; or
iii. A building surveyor or other building practitioner (as defined by the Building
Act 1993);
(b) Any delay by any statutory, governmental or like body or building surveyor or
other building practitioner in providing any necessary approvals or consents,
provided that reasonable steps have been taken by the Vendor to obtain such
approvals or consents; or

(c) Strikes or lockouts or other suck industrial action which affects any person
employed in the construction of the Property or the Building or the supply of
materials or services to be used in the construction of the Property or the Building;
(d) Riots, civil commotion, terrorist attacks, malicious damage, burglary or theft;
(e) Any act of God, fire, flood, storm, tempest, lightning, earthquake or explosion or
inclement weather; or
(f) Any other cause beyond the control of the Vendor or the Builder,

then the Vendor can extend the End Date to such other date as the Vendor
nominates and the Vendor must give the Purchaser written notice of the new End
Date.
12.3 If any condition or requirement imposed by any relevant authority or the Registrar in
respect of certification or registration of the Plan is, in the Vendor’s opinion, too
onerous, or if the registration of the Plan is refused, the Vendor may terminate this
Contract by notice in writing to the Purchaser or the Purchaser’s solicitor, whereupon
the Deposit must be repaid to the Purchaser.
12.4 If the Plan is not registered by the End Date either party has the right, before the Plan
is registered, to rescind this Contract by giving notice in writing to that effect to the
other party or their solicitor whereupon the Deposit must be repaid to the Purchaser.
12.5 The Vendor and the Purchaser agree that neither party can object to, make any
requisition or Claim or claim any compensation from the other party for any matter
under this Contract or arising from, or out of, the rescission of this contract under this
special condition 12 or the failure of the Vendor to procure registration of the Plan.

13. OWNERS CORPORATION

13.1 After the Plan is registered, the Vendor may

(a) Cause to be held the first meeting of the Owners Corporation;
(b) Cause the Owners Corporation to make, amend or revoke the Owners
Corporation Rules;
(c) Cause the Owners Corporation to adopt a budget for expenses;
(d) Cause the Owner Corporation to create a maintenance fund;
(e) Cause the Owners Corporation to agree to reimburse to the Vendor an
appropriate proportion of the premiums paid by the Vendor for insurances held by
the Vendor in relation to the Property and/or the Land after registration of the
Plan;
(f) Cause the Owners Corporation to set fees to cover general administration,
maintenance, insurance and other recurrent expenses and to determine the times
for payment of those fees;
(g) Cause the Owners Corporation to levy special fees or charge designed to cover
extraordinary items of expenditure;
(h) Cause the Owners Corporation to appoint a manager;
(i) Cause the Owners Corporation to:
i. Install, affix or erect structures of whatever nature, including but not limited
to any marketing or promotional materials or signage on or to the roof or
walls of the Building and any parts of the Common Property;
ii. Install cabling, line links, head ends, wiring, conduits, boxes, wall plates,
splitters and other electronic equipment and facilities on any part of the
Common Property;
iii. Install furniture, tables, chairs, or other equipment in Common Property
areas;
iv. Screen or fence parts of the Common Property;
v. Grant leases or licences of parts of the Common Property on such terms
and conditions as the Vendor or Owners Corporation sees fit;
vi. Create or reserve such easements or reservations over areas of the
Common Property as may be necessary to give effect to, and to protect the
 rights of ownership of, and access to equipment and facilities within such
areas;
vii. Enter into agreements for the supply of utilities to the Building.

13.2 The Purchaser will not make any objection, requisition or Claim or claim
compensation for, nor rescind or delay Settlement of this Contract because of
anything contemplated by special condition 13.1.
13.3 As long as the Vendor remains the owner or occupier of a Lot or is entitled to be
registered as an owner of a Lot, the Purchaser agrees that the Purchaser will not
exercise any of its rights or powers as a member of the Owners Corporation or any
committee of the Owners Corporation in such a way as:
(a) To hinder the completion of the construction of the Building or any future
development of any part of the Building;
(b) To delay, impede or prevent the granting of any planning or other approval for the
future development of any part of the Building;
(c) To hinder the Vendor’s Marketing Activities;
(d) To delay, impede or prevent the passage of the special resolution to adopt the
Owners Corporation Rules or such other rules as the Vendor may wish to be
adopted; or
(e) Is contrary to the reasonable directions of the Vendor from time to time.
13.4 If the Purchaser nominates a substitute purchaser or, after settlement, sells the
Property while the Vendor remains an owner of a Lot, then the Purchaser shall
procure that any nominee or any successor in title of the Purchaser contract with the
Vendor in the same terms as this special condition 13.
13.5 This special condition 13 will not merge on the transfer of the Property but will
continue to have full force and effect.

14. AMENDMENTS TO THE PLAN

14.1 The Vendor reserves the right to make such minor amendments to the Plan as it may
determine in its absolute discretion or as may be required by any Authority and or the
Registrar as a condition of approving, certifying and or registering the Plan.
14.2 The Vendor shall advise the Purchaser in writing within 14 days of any amendment to
the Plan that in the Vendor’s reasonable opinion may materially or detrimentally affect
the Purchaser. The Purchaser has the right to avoid this Contract within 14 days of
receiving the written notice about the amendment. This special condition and section
10(1) of the Act do not apply to the final location of any easement shown on the Plan.
14.3 The Purchaser cannot object to, make any requisition or Claim, claim for
compensation, delay payment of the Balance, delay Settlement or rescind or
determine this contract or require the Vendor to amend title or to bear the costs of
doing so, on the grounds that the Plan as registered does not accord with the
proposed Plan for any of the following:
(a) Any minor variation or discrepancy between the Lot sold by this Contract as
inspected by the Purchaser and the corresponding Lot as shown on the Plan
when registered which does not materially affect the Purchaser;
 (b) Any minor variation or discrepancy between the number, size or location of any
Lot or the common property as presently appearing on the Plan and as appearing
on the Plan when registered, which does not materially affect the Purchaser;
(c) Any minor alteration made prior to registration of the Plan of lot entitlement and
the schedule of lot liability or to either of them as presently shown on the Plan in
respect of any Lot which does not materially affect the Purchaser;
(d) Any alleged misdescription of the Property or deficiency in its area or
measurements;
(e) Any renumbering of stages or Lots; or
(f) The consolidation of any Lots, including the consolidation of any car park Lots and
storage lots within the Lots.

15. CREATION OF FURTHER ENCUMBRANCES AND RESTRICTIONS

15.1 The Purchaser acknowledges that the Vendor may be required to:
(a) Create easements, enter covenants and grant other like restrictions which affect
the Land (including any Common Property on the Plan), including positive
covenants in agreements made under a Section 173 Agreement to allow either or
both certification and registration of the Plan; and

(b) Grant leases or privileges or other rights in respect of Common Property which the
Vendor, acting reasonably, considers necessary for the development and proper
functioning of the Land or the Plan.
15.2 The Purchaser specifically consents to the Vendor executing any Section 173
Agreement required by any Authority with control over the Property.
15.3 Subject to the Purchaser’s rights under the SLA Act, the Purchaser cannot object to,
make any requisition or Claim, claim any compensation, rescind or determine this
Contract or delay Settlement or delay payment of the Balance because of any of the
matters included in special condition 15.1 unless such matter(s) materially reduces
the use or amenity of the Property.

16. COMMENCEMENT OF BUILDING WORKS

16.1 The Purchaser acknowledges that the Vendor:

(a) Intends to proceed with and procure the construction of the Building in
accordance with market demand and the timing of the commencement is in the
Vendor’s absolute discretion; and
(b) May at any time give notice to the Purchaser that the construction of the Building
may not or will not commence (for any reason that the Vendor may decide in its
absolute discretion), or if construction has commenced but is not completed or not
in the vendor’s opinion likely to be completed, and the Vendor may rescind this
Contract by giving the Purchaser written notice, whereupon the Vendor must
return the Deposit to the Purchaser.
17. NOT A MAJOR DOMESTIC BUILDING CONTRACT

17.1 In accordance with 137E of the Building Act 1993, if the Vendor has not already
entered into a Building Contract with the Builder before the Day of Sale, then the
Vendor will enter into a Building Contract with a Builder after the Day of Sale, who will
complete the Works.
17.2 The Purchaser agrees and acknowledges that the Vendor is not a registered builder
and that this Contract is not the Building Contract.
17.3 The parties agree that the DBC Act does not apply to this Contract and nothing in this
Contract will be construed as imposing on the Vendor any obligation under the DBC
Act.
17.4 The parties agree that the building contract referred to in special condition 17.1 is the
Major Domestic Building Contract for the purposes of the DBC Act.
17.5 If this Contract is held to be a Major Domestic Building contract by a court having
competent jurisdiction, the Purchaser must join with the Vendor and vary the terms of
this Contract as the Vendor directs so that it complies with the DBC Act.
17.6 The Purchaser cannot make any Claim, or claim compensation for alleged non-
compliance with the DBC Act. Any variation of this Contract under special condition
17.5 does not constitute a defect in the Vendor’s title and the Purchaser cannot delay
the Settlement Date, rescind this Contract, make any Claim, claim compensation or
make nay demands because of any variation to this Contract under special condition
17.5.
17.7 The Vendor does not have to vary the Major Domestic Building Contract to comply
with this special condition.

18. DISCLOSURE OF SURFACE LEVEL WORKS

18.1 Pursuant to section 9AB of the SLA Act, the Vendor advises the Purchaser that
details of works affecting the natural surface level of the Land which:
(a) Have been carried out on the Land after certification of the Plan and before the
date of this Contract; or
(b) Are at the date of this Contract, being carried out or proposed to be carried out,
Are as set out in the Vendor’s Statement and this Contract.

19. CONSTRUCTION OF THE BUILDING AND PROPERTY

19.1 The Vendor represents to, and the Purchaser acknowledges, that subject to special
conditions 19.2 and 19.3, the Property will be completed generally in accordance with
the Plans and Specifications.
19.2 The Purchaser acknowledges that some features in the Plans and Specifications may
not be capable of being constructed and that the Vendor in entitled to make minor
variations to those features.
19.3 The Purchaser acknowledges and agrees that the Vendor or the Builder may make
variations or alterations to:
(a) The Building Contract by changing the plans or construction details; or
 (b) The appliances, fixtures, fittings and finishes by substituting them with other items
of the same nature and similar quality,
described in the Plans and Specifications, in any manner the Vendor or the Builder
considers necessary or desirable.
19.4 The Vendor will notify the Purchaser within 14 days of any variation or alteration to
the Works or Plans and Specifications which materially and detrimentally affect the
Purchaser.
19.5 If any dispute arises as to any matter referred to in this special condition 19 or as to
the quality or standard of finish of the Property or the Building, the Purchaser shall not
be entitled to delay payment of the Balance, postpone Settlement or retain any part of
the Balance as security for the satisfactory completion of the Works and shall proceed
to settlement as required by this Contract.
19.6 Despite anything to the contrary in this Contract, the Purchaser acknowledges that
this contract is sold subject to the Vendor procuring an approval from an Authority for
the construction and sub-division of the Land on terms acceptable to the Vendor in its
absolute discretion. This condition precedent is solely for the benefit of the Vendor.

20. COMPLETION OF BULDING WORKS

20.1 The Purchaser acknowledges and agrees that:

(a) Not all Lots may be sold before the Settlement Date;
(b) Some Lots may be incomplete on the Settlement Date;
(c) Some areas of the Common Property may be incomplete on the Settlement Date;
(d) Surveying, engineering and construction works may continue in and around the
Building and the Land (‘Ongoing Works’) after the Settlement Date;
(e) The Builder may be obliged to carry out rectification and repair works (‘Repair
Works’) after the Settlement Date to the Property, the Building, the Land or the
Common Property.
20.2 The Purchaser will not delay the Settlement Date or delay payment of the Balance or
object to, make any requisition, make any Claim or seek compensation from the
Vendor or the Builder or any other person due to:
(a) Incomplete Works in and around the Building, the Land, the Property or the
Common Property after the Settlement Date;
(b) Any nuisance, dust, noise or other inconvenience associated with any Ongoing
Works or Repair Works conducted in or around the Building after the Settlement
Date;
(c) Any loss of amenity caused by Ongoing Works or the Repair Works carried out
after the Settlement Date.
20.3 The Purchaser acknowledges that the Vendor may in its discretion subdivide the Land
in stages under section 37 of the Act.
21. TELECOMMUNICATIONS

The Purchaser acknowledges that unless notified by the Vendor to the contrary, any
cabling, fibre optics, date lines, link ends, head ends, wiring conduits, boxes, wall
plates, splitters and any ancillary equipment relating to telecommunications or
information technology systems to be connected to the Property remain at all times
the Property of either the Owners Corporation, the company or the Authority that
installed them.

22. DEFECTS IN CONSTRUCTION

22.1 The Vendor must or must arrange for the Builder to remedy all defects and faults in
the Works within or forming part of the Property which:
(a) Are caused by faulty materials or poor workmanship (but excluding matters which
are caused by minor shrinkage or settlement), and
(b) Are notified in writing by the Purchaser within 180 days from the Settlement Date.
22.2 The Vendor must arrange for the Builder to remedy the defects and faults in a proper
and workmanlike manner, at the Builder’s expense as soon as practical after notice
from the Purchaser.

23. ACCESS TO PROPERTY

23.1 The Purchaser must provide the Builder and the Vendor with access to the Property,
the Land, the Common Property and the Building (on such days and times as the
Builder or Vendor nominate) after the Settlement Date to carry out Repair Works and
Ongoing Works.
23.2 If the Purchaser does not provide access to the Property, the Land, the Common
Property and the Building pursuant to special condition 23.1, the Repair Works and
Ongoing Works do not have to be carried out.
23.3 The Vendor may conduct marketing activities in or about the Building and the Land
generally for the marketing of unsold Lots involving, among other things, placing signs
and other marketing material on Lots (except the Lot sold under this Contract) and
using Lots for display purposes (Marketing Activities’) after the Settlement Date.
23.4 The Purchaser will not make any objection or requisition or bring any Claim against
either the Vendor or the Builder as a consequence of anything relating to:
(a) Any access rights exercised by the Vendor or the Builder;
(b) Any inconvenience, nuisance, noise, dust, vibration or loss of amenity that may
result from the access rights;
(c) The Marketing Activities and any inconvenience that may result from them.

24. INDEMNITIES

Subject to any provision to the contrary in this Contract, the Purchaser shall indemnify
and keep indemnified, the Vendor against all claims, demand, proceedings,
judgments, damages, costs and losses of any nature whatsoever, which the Vendor
may suffer, sustain or incur in connection with or relating to any liability, claim, action,
demand, suit or proceedings however arising, made or incurred after the Settlement
 Date or from events or occurrences happening or arising after the Settlement Date
out of or in respect of the Property or any act, matter or thing occurring thereon.

25. NOMINATION

25.1 If a Purchaser nominates a substitute or additional purchaser under General

Condition 18, they may do so no later than twenty-eight (28) days before the
Settlement Date, provided that:
(a) Signed nomination documents are provided to the Vendor’s solicitors; and
(b) The Purchaser pays the Vendor’s solicitor’s additional cost of $225.00 on the
nomination date.
25.2 If the Purchaser nominates a substitute or additional purchaser, the Purchaser and
any Guarantor(s):
(a) Remains personally liable for the performance of all of the Purchaser’s obligations
under this Contract; and
(b) Indemnify the Vendor against all Claims, demands, interest or penalties arising
from the nomination.
25.3 If the Purchaser nominates a substitute or additional purchaser, and that purchaser is
a company which is not listed on a recognized Australian Stock Exchange, then the
Vendor may require that at least two directors of the nominated company (or if the
nominated company is sole director company, then the sole director) must execute
the Guarantee at the time of the nomination.

26. DELIVERY OF TRANSFER OF LAND

26.1 If the instrument of transfer is not delivered in accordance with General Condition 6
(duly executed by the Purchaser):
(a) The Vendor is not required to complete this contract until 5 Business Days after it
receives the instrument of transfer; and
(b) The Purchaser is deemed to be in default in payment of the Balance and must
pay interest from the Settlement Date until the date settlement occurs.

27. ADJUSTMENT OF OUTGOINGS

27.1 General Condition 15.2(b) and 15.2(c) are deleted.

27.2 The Property is part of land which is part of a subdivision for which outgoings are
normally assessed under a bulk assessment. If the Property is not separately rated,
then the Purchaser must adjust that Outgoing on the basis that it has been paid and
the Outgoing will be apportioned between the Vendor and Purchaser in the same
proportion as the lot liability of the Property bears to the total lot liability on the Plan of
Subdivision.
27.3 Despite any other clause in the Contract and for the purpose of Special Condition
27.2, the parties agree that the adjustments of land tax the relevant assessment for
land tax is that effected on 31 December of the year preceding the Settlement Date
which includes all the titles that comprise the Parent Title. Land tax will be adjusted
based on the proportional land tax stated on the Land Tax Assessment between the
 Vendor and Purchaser on the basis that the amount to be apportioned between them
is the proportion of the proportional land tax equal to the proportion which the lot
liability of the Property bears to the total liability of all the lots on the Plan.
27.4 In respect of Owners Corporation Fees, it will be interpreted to include any
contribution or amount paid or payable to be the Owners Corporation in respect of the
Plan or paid by the Vendor to or on behalf of the Owners Corporation including any
insurance premiums.
27.5 An adjustment statement must be delivered by the Purchaser’s solicitor to the
Vendor’s solicitor at least 5 Business Days before the Settlement Date. If the
Purchaser fails to deliver an adjustment statement to the Vendor’s solicitor on time,
then without prejudice to any of the Vendor’s other rights:

(a) The Vendor may complete this Contract at any time between the date for payment
of the Balance and the date which is 5 Business Days after the Purchaser delivers
the adjustment statement;
(b) The Purchaser must pay interest calculated under special condition 34 on the
Balance for the period from the date for payment of the Balance until the Contract
is completed.

28. STAMP DUTY

28.1 The Purchaser acknowledges and agrees that:

(a) For the purposes of the calculation of stamp duty under the Duties Act 2000 (Vic),
the Vendor estimates that the percentage of construction completed as at the Day
of Sale is as set out in the Particulars of Sale
(b) Neither the Vendor nor anyone acting on the Vendor’s behalf has made any
warranty as to the amount of stamp duty payable on the transfer to the Purchaser.
(c) The Purchaser has made its own enquires and investigations as to the amount of
stamp duty payable on the transfer to the Purchaser, and the Purchaser
acknowledges that it will be liable for all stamp duty payable on the transfer.
(d) The Purchaser will not make any claim against the Vendor because of the amount
of stamp duty that the State Revenue Office may access.
28.2 The Purchaser will have no right to object to any information contained in a Land and
Building Packages Statutory Declaration sworn by the Vendor and provided to the
Purchaser prior to or on the Settlement Date.
28.3 If there is more than on Purchaser, it is the Purchasers’ responsibility to ensure that
the Contract correctly records at the Day of Sale the proportions in which they are
buying the Property.

29. PRE-SETTLEMENT INSPECTION

29.1 The Purchaser may inspect the Property before the Settlement Date by making an
appointment with the Vendor’s agent. Having regard to the number of lots sold with
completion at the same time, the Vendor retains the right:
(a) To set the time and date for the Purchaser’s inspection appointment;
 (b) To limit the time reasonably spent during an inspection appointment;
(c) To limit the number of persons attending an inspection appointment;

(d) To limit the number of additional inspection appointments after the first
appointment; and
(e) To ensure appointments by all purchasers of Lots will be carries out in a safe and
orderly manner.
29.2 The Vendor will not unreasonably restrict inspections of the Property for valuation
purposes.

30. EXECUTION OF NECESSARY DOCUMENTS

Each party to this Contract shall execute and deliver all such documents, instruments
and writings and shall do or procure to be done all suck acts and things necessary or
desirable or reasonable to give effect to this Contract.

31. METHOD OF PAYING BALANCE

The Purchaser must pay for the bank fees on all bank cheques that are required by
the Vendor on the Settlement Date.

32. SETTLEMENT

32.1 Settlement must take place no later than 3.00 pm on the Settlement Date.
32.2 Settlement will take place at the offices of the Vendor’s solicitors or at such other
place as the Vendor directs.

33. CERTIFICATE OF TITLE

33.1 If on the Settlement Date a separate certificate of title for the Property:
(a) Has not issued;
(b) Is not available from the Land Registry,
The Purchaser must accept an order to register the instrument of transfer of land
endorsed by the Vendor’s solicitor or the Vendor’s mortgage in favour of the
Purchaser or as otherwise directed by the Purchaser.
33.2 The Purchaser cannot object to, make any requisition or delay payment of the
Balance because a separate certificate of title for the Property has not been issued
from the Land Registry by the Settlement Date.

34. DEFAULT INTEREST

34.1 The words “2%” in General Condition 26 are amended to read “4%”.
34.2 If the Purchaser defaults in any payment under this Contract:
(a) Interest will be calculated daily on the money overdue during the period of default
until Settlement Date;
 (b) Interest is payable without demand from the Vendor; and
(c) The Vendor’s other rights remain unaffected.

35. AMENDMENT TO GENERAL CONDITIONS

General Conditions 10.3, 11.6, 17.1 and 22 do not apply to this Contract

36. SECTION 32 SALE OF LAND ACT

The Purchaser acknowledges that prior to signing this Contract (or any other
agreement or document in respect of the sale referred to in this Contract which is
legally binding or intended to legally bind the Purchaser), the Purchaser received from
the Vendor a statement signed by the Vendors in accordance with section 32 of the
Sale of Land Act 1962.

37. JOINTLY AND SEVERALLY

If the Purchaser consists of more than one person each of them are jointly and
severally bound by this Contract of Sale. Unless inconsistent with the context words
involving gender include all genders and the neuter and words importing the singular
number include the plural and vice versa.

38. AGREEMENT AS TO IDENTITY OF LAND

No Objection
The Purchaser will accept as identical with the Property the Certificate of Title
corresponding to the Property and the Purchaser must not make any requisition or
objection, delay settlement or claim any compensation in respect of any errors or
misdescriptions in the area or the measurements of the Property hereby sold, or call
upon the Vendor to amend title or to bear or contribute to any expense of any
amendment to the title of the Property hereby sold, rescind this contract or delay
settlement for reason of any matter referred to in this Contract. Condition 3 of Table
A of the Seventh Schedule of the Transfer of Land Act 1958 shall not apply to this
Contract of Sale. The Vendor does not represent and gives no warranty that the area
or the measurements boundaries or occupation or location of the Property are
identical with those disclosed in the Title Plan and the Purchaser acknowledges that
the Purchaser is purchasing the Property subject to all its restrictions on its use or
development that are imposed or prescribed by any Law that applies to it.
The Purchaser also acknowledges that this contract is the entire agreement between
the Vendor and the Purchaser. The Purchaser acknowledges that the Purchaser has
inspected the Property and has made all enquiries and inquiries that a reasonably
prudent person would make before entering into this contract and that the Purchaser
has entered into this contract on the basis of the inspection inquiries and enquiries
that the Purchaser has carried out and the Purchaser is relying on the judgement of
the Purchaser, and the Purchaser has not relied upon and does not rely upon and
representation or warranty of any nature whatsoever made by or on behalf of the
Vendor or the Vendor’s agents other than those representations and warranties
expressly set out in this contract.
39. REPRESENTATION AND WARRANTY

The Purchaser acknowledges that the Vendor has not, nor has anyone on the
Vendor’s behalf, made any representation or warranty as to the fitness for any
particular purpose or otherwise of the property or that any structures comply with the
current or any building regulations and the Purchaser expressly releases the Vendor
and/or the Vendor’s Agents from any claims demands in respect thereof.

40. NOTICES AND ORDERS

The Purchaser shall assume liability for compliance with all Notices or Orders (other
than those relating to current Rates) relating to the property which are made or issued
after the date of sale.

41. DIRECTOR’S GUARANTEE

If a company purchases the property, any person who signs this Contract will be
personally responsible to comply with the terms and conditions of this contract and
the directors of the company must sign the Guarantees attached to this contract and
deliver it to the Vendor or Vendor’s Solicitor within 7 days of the day of sale, then the
Purchaser shall be deemed to be in default under this Contract and the Vendor shall
be entitled to exercise the rights conferred pursuant to Table A of the 7th Schedule to
the Transfer of Land Act 1958.
The following guarantee shall be executed by each person who executes this Contract for and on behalf of the
Purchaser (if not the same person) and by each Director of the Purchaser (if the Purchaser is a Corporation):

DIRECTORS GUARANTEE
I / We,

of

(hereinafter called the “Guarantors”) IN CONSIDERATION of the within-named Vendor selling to the within-named
Purchaser(s) at our request the land described in the within Contract for the price and upon the terms and
conditions contained therein DO HEREBY for ourselves and our respective executors and administrators JOINTLY
AND SEVERALLY COVENANT with the said Vendor and their assigns that if at any time default shall be made in
payment of the deposit or residue of purchase money or interest or any other moneys payable by the Purchaser(s)
to the Vendor under the within Contract or in the performance or observance of any term or condition of the within
Contract to be performed or observed by the Purchaser(s) I/We will forthwith on demand by the Vendor pay to the
Vendor the whole of the deposit money, residue of purchase money, interest or other moneys which shall then be
due and payable to the Vendor and hereby indemnify and agree to keep the Vendor indemnified against all loss of
deposit money, residue of purchase money, interest and other moneys payable under the within Contract and all
losses, costs, charges and expenses whatsoever which the Vendor may incur by reason of any default on the part
of the Purchaser(s). This Guarantee shall be a continuing Guarantee and Indemnity and shall not be released by:

1. any neglect or forbearance on the part of the Vendor in enforcing payment of any of the moneys payable under
the within Contract;
2. the performance or observance of any of the agreements, obligations or conditions under the within Contract;
3. by time being given to the Purchaser(s) for any such payment performance or observance;
4. by reason of the Vendor assigning his, her or their rights under the said Contract; and
5. by any other thing which under the law relating to sureties would but for this provision have the effect of
releasing us, our executors or administrators.

IN WITNESS whereof the parties hereto EXECUTED AS A DEED on the / 2017

SIGNED AND DELIVERED by the said )

)
___________________ )
Print Name )
in the presence of: ………………………. witness ) …..………………………… ……………….....……..
Guarantor Witness
SIGNED AND DELIVERED by the said )
)
___________________ )
Print Name )
in the presence of: …………………………witness ) …..………………………… ……………….....……..
Guarantor Witness
SIGNED AND DELIVERED by the said )
)
___________________ )
Print Name )
In the presence of: …………………… ….witness ) …..………………………… ……………….....……..
Guarantor Witness
SIGNED AND DELIVERED by the said )
)
___________________ )
Print Name )
in the presence of: …………………………witness ) …..………………………… ……………….....……..
Guarantor Witness
Due Diligence Checklist
What you need to know before buying a residential property

Before you buy a home, you should be aware of a range of issues that may affect that property and
impose restrictions or obligations on you, if you buy it. This checklist aims to help you identify
whether any of these issues will affect you. The questions are a starting point only and you may
need to seek professional advice to answer some of them. You can find links to organisations and
web pages that can help you learn more, by visiting consumer.vic.gov.au/duediligencechecklist.

Urban living Rural properties

Moving to the inner city?
High density areas are attractive for their
entertainment and service areas, but these
activities create increased traffic as well as noise
and odours from businesses and people.
Familiarising yourself with the character of the area
will give you a balanced understanding of what to
expect.
Is the property subject to an owners
corporation?
If the property is part of a subdivision with common
property such as driveways or grounds, it may be
subject to an owners corporation. You may be
required to pay fees and follow rules that restrict
what you can do on your property, such as a ban on
pet ownership.
Growth areas
Are you moving to a growth area?
You should investigate whether you will be required
to pay a growth areas infrastructure contribution.
Flood and fire risk
Does this property experience flooding or
bushfire?
Properties are sometimes subject to the risk of fire
and flooding due to their location. You should
properly investigate these risks and consider their
implications for land management, buildings and
insurance premiums.
Moving to the country?
If you are looking at property in a rural zone,
consider:
 Is the surrounding land use compatible with your
lifestyle expectations? Farming can create noise
or odour that may be at odds with your
expectations of a rural lifestyle.
 Are you considering removing native vegetation?
There are regulations which affect your ability to
remove native vegetation on private property.
 Do you understand your obligations to manage
weeds and pest animals?
 Can you build new dwellings?
 Does the property adjoin crown land, have a
water frontage, contain a disused government
road, or are there any crown licences associated
with the land?
Is there any earth resource activity such as
mining in the area?
You may wish to find out more about exploration,
mining and quarrying activity on or near the property
and consider the issue of petroleum, geothermal and
greenhouse gas sequestration permits, leases and
licences, extractive industry authorisations and
mineral licences.
Soil and groundwater contamination
Has previous land use affected the soil or
groundwater?
You should consider whether past activities, including
the use of adjacent land, may have caused
contamination at the site and whether this may
prevent you from doing certain things to or on the
land in the future.
Land boundaries
Do you know the exact boundary of the
property?
You should compare the measurements shown
on the title document with actual fences and
buildings on the property, to make sure the
boundaries match. If you have concerns about this,
you can speak to your lawyer or conveyancer, or
commission a site survey to establish property
boundaries.
Planning controls
Can you change how the property is used, or
the buildings on it?
All land is subject to a planning scheme, run by the
local council. How the property is zoned and any
overlays that may apply, will determine how the
land can be used. This may restrict such things as
whether you can build on vacant land or how you
can alter or develop the land and its buildings over
time.
The local council can give you advice about the
planning scheme, as well as details of any other
restrictions that may apply, such as design
guidelines or bushfire safety design. There may
also be restrictions – known as encumbrances –
on the property’s title, which prevent you from
developing the property. You can find out about
encumbrances by looking at the section 32
statement.
Are there any proposed or granted planning
permits?
The local council can advise you if there are any
proposed or issued planning permits for any
properties close by. Significant developments in
your area may change the local ‘character’
(predominant style of the area) and may increase
noise or traffic near the property.
Safety
Is the building safe to live in?
Building laws are in place to ensure building safety.
Professional building inspections can help you
assess the property for electrical safety, possible
illegal building work, adequate pool or spa fencing
and the presence of asbestos, termites, or other
potential hazards.
Building permits
Have any buildings or retaining walls on the
property been altered, or do you plan to alter
them?
There are laws and regulations about how buildings
and retaining walls are constructed, which you may
wish to investigate to ensure any completed or
proposed building work is approved. The local
council may be able to give you information about
any building permits issued for recent building works
done to the property, and what you must do to plan
new work. You can also commission a private
building surveyor’s assessment.
Are any recent building or renovation works
covered by insurance?
Ask the vendor if there is any owner-builder
insurance or builder’s warranty to cover defects in the
work done to the property.
Utilities and essential services
Does the property have working connections for
water, sewerage, electricity, gas, telephone and
internet?
Unconnected services may not be available, or may
incur a fee to connect. You may also need to choose
from a range of suppliers for these services. This
may be particularly important in rural areas where
some services are not available.
Buyers’ rights
Do you know your rights when buying a
property?
The contract of sale and section 32 statement
contain important information about the property,
so you should request to see these and read them
thoroughly. Many people engage a lawyer or
conveyancer to help them understand the contracts
and ensure the sale goes through correctly. If you
intend to hire a professional, you should consider
speaking to them before you commit to the sale.
There are also important rules about the way private
sales and auctions are conducted. These may
include a cooling-off period and specific rights
associated with ‘off the plan’ sales. The important
thing to remember is that, as the buyer, you have
rights
 SECTION 32
VENDORS STATEMENT

PROPERTY: LOT 75 LABURNUM STREET BLACKBURN 3130

VENDOR: AOYI DEVELOPMENT PTY LTD

OUR REFERENCE C202111M

CORNELL & ASSOCIATES

LICENCE NO. 000993L
LICENCE NO. 000992L

Covered by Professional Indemnity Insurance Against Civil Liability

Address
Suite 1, 726 High Street
Kew East Victoria 3102

Telephone
03 9859 9860

Facsimile
03 9859 9658
 VENDORS STATEMENT

The vendor makes this statement in respect of the land in accordance with section 32 of the Sale of
Land Act 1962 (VIC).

This statement must be signed by the vendor and given to the purchaser before the purchaser signs
the contract.

The vendor may sign by electronic signature.

The purchaser acknowledges being given this statement signed by the vendor with the attached
documents before the purchaser signed any contract.

Land: LOT 75 LABURNUM STREET BLACKBURN 3130

Signature of the Vendor(s) ……………………………………………...........................................................

Print name of the Director(s):

Date of Statement:

The purchaser acknowledges being given a duplicate of this statement signed by the Vendor before the
Purchaser signed any Contract.

Signature of the Purchaser(s) …………………………..........................................................................

Print name of the Purchaser(s):

Date of Acknowledgement:
 IMPORTANT NOTICE TO PURCHASERS

The use to which you propose to put the Property may be prohibited by planning or building controls
applying to the locality or may require consent or permit of undertake a proper investigation of permitted
land use before you commit yourself to buy. You should check with the appropriate authorities as to the
availability (and cost) of providing any essential services not connected to the property with the
appropriate authorities.

The property may be located in an area where commercial agricultural production activity may affect
your enjoyment of the property. It is therefore in your interest to undertake an investigation of the
possible amenity and other impacts from nearby properties and the agricultural practices and processes
conducted there.

1. FINANCIAL MATTERS

1.1 Particulars of any Rates, Taxes, Charges or Other Similar Outgoings (including any Body
Corporate charges which, if any, are disclosed in the Section 6 of this statement) and any
interest payable on any part of them as follows:

Their total does not exceed: $5,500.00 p.a.

The Property is not separately rated or assessed for rates and taxes. The certificates
attached are for reference purposed only and do not accurately reflect the rates and taxes
for the Property. The Purchaser’s proportion of the outgoings at settlement including owners
corporation and land tax will be adjusted in accordance with the Contract of Sale.

The Property is subject to registration of the Plan of Subdivision. A valuation for rating
purposes will be conducted by the authorities, which will in due course separately assess
the rates and taxes for the Property. The Purchaser will be responsible for any supplemental
assessment issued after settlement.

Land tax is excluded as Land Tax Payable (if any) depends on the Purchaser’s personal
circumstances including whether the Property is a principle place of residence, other
exemptions, trustee surcharges and multiple land holdings.

The outgoings (excluding land tax and water consumption) are estimated only based
on current rates and estimates of unimproved value and net annual value at the date
of the Vendor’s Statement and are subject to change.

1.2 Particulars of any Charge (whether registered or not) imposed by or under any Act to secure
an amount due under that Act, including amount owning under the charge

$ To

Other particulars (including dates) and times of payments:

1.3 Terms Contract

This section 1.3 only applies if this vendor statement is in respect of a terms contract where
the purchaser is obliged to make 2 or more payments (other than a deposit or final payment)
to the vendor after the execution of the contract and before the purchaser is entitled to a
conveyance or transfer of the land.

Not Applicable.
 1.4 Sale Subject to Mortgage

This section 1.4 only applies if this vendor statement is in respect of a contract which
provides that any mortgage (whether registered or unregistered), is NOT to be discharged
before the purchaser becomes entitled to possession or receipts of rents and profits.

Not Applicable.

2. INSURANCE

2.1 Damage and Destruction

This section 2.1 only applies if this vendor statement is in respect of a contract which does
NOT provide for the land to remain at the risk of the vendor until the purchaser becomes
entitled to possession or receipt of rents and profits.

Not Applicable.

2.2 Owner Builder

This section 2.2 only applies where there is a residence on the land that was constructed by
an owner-builder within the preceding 6 years and section 137B of the Building Act 1993
applies to the residence.

Not Applicable.

3. LAND USE

3.1 Easements, Covenants or Other Similar Restrictions

Information concerning any easement, covenant or other similar restriction affecting the
Property (registered or unregistered).
Description – As set out in the attached copies of document/s.

And the purchaser is to note that there may be sewers, drains, water pipes, underground
and/or overhead electricity cables, underground and/or overhead telephone cables and
underground gas pipes (if applicable)
laid outside registered easements.

Particulars of any existing failure to comply with their terms are as follows
– None to the Vendor’s knowledge.

However underground electricity cables, sewers/drains may be laid outside registered

easements.

3.2 Road Access

There is access to the property by road.

3.3 Designated Bushfire Prone Area

The Property is not in a designated bush fire prone area. A Bushfire Prone Area Report is
attached.

3.4 Planning Scheme

Information concerning any planning instrument is as follows:

(a) Name: WHITEHORSE Planning Scheme
(b) The Responsible Authority is : The Department of Infrastructure
 (c) Zoning and/or Reservation: As attached.
(d) Name of planning overlay: As attached.

4. NOTICES

Particulars of any notice, order, declaration, report or recommendation of a public authority or

government department or approved proposal affecting the Property of which the Vendor might
reasonably be expected to have knowledge, including any.

affecting the Body Corporate and any liabilities (whether contingent, proposed or otherwise) where
the Property is in a subdivision containing a Body Corporate, including any relating to the
undertaking of any repairs to the Property:

quarantine or stock order imposed under the Stock Diseases Act 1968 (whether or not the
quarantine or order is still in force);

Notice pursuant to section 6 of the Land Acquisition and Compensation Act 1986 are as follows:

None to the Vendors knowledge save those relating to apportionable outgoings.

The Vendor has no means of knowing of all decisions of public authorities and government
departments affecting the property unless communicated to the Vendors.

5. BUILDING PERMITS

Particulars of any building permit issued under the Building Act 1993 in the preceding 7 years
(required only where there is a residence on the land): Not applicable.

6. OWNERS CORPORATION

If the land is affected by an owners corporation within the meaning of the Owners Corporations
Act 2006,
(a) A copy of the current owners corporations owners corporations certificate issued in respect of
the land under the Owners Corporation Act 2006; and
(b) A copy of the documents required to accompany the owners corporations certificate under
section 151(4)(b) of the Owners Corporation Act 2006.
(c) The Owners Corporation is not yet operative but the property will be affected by an
Owners Corporation or Owners Corporations (as the case may be when the Plan is
registered. The Purchaser will become a member of one or more of the Owners Corporation.
Subject to any amendments allowed under the Contract, the Rules is attached.

7. GROWTH AREAS INFRASTRUCTURE CONTRIBUTION (“GAIC”)

As attached if any otherwise nil.

8. SERVICES

Information concerning the supply of the following services –

SERVICE CONNECTED
(a) Electricity No
(b) Gas No
(c) Water No
(d) Sewerage No
(e) Telephone No

The Purchaser is responsible to arrange for the connection of any services not connected.
The Purchaser is also liable for any connection fees for any services not connected.
9. TITLE

Attached are copies of the following document/s relating to the title to the property are annexed
hereto:
The Register Search Statement for certificate of title volume 08733 folio 213 and registered title
plan 419875K;

10. SUBDIVISION

10.1 Unregistered Subdivision

This section 10.1 only applies if the land is subject to a subdivision which is not registered.

Proposed plan of subdivision as attached.

10.2 Staged Subdivision

This section 10.2 only applies if the land is part of a staged subdivision within the meaning
of section 37 of the Subdivision Act 1988.

Not Applicable.

10.3 Further Plan of Subdivision

This section 10.3 only applies if the land is subject to a subdivision in respect of which a
further plan within the meaning of the Subdivision Act 1988 is proposed.

Not Applicable.

11. DUE DILIGENCE CHECKLIST

(The Sale of Land Act 1962 provides that the vendor or the vendor’s licensed estate agent must
make a prescribed due diligence checklist available to purchasers before offering land for sale that
is vacant residential land or land on which there is a residence. The due diligence checklist is NOT
required to be provided with, or attached to, this vendor statement but the checklist may be
attached as a matter of convenience.)

Is attached.
© State of Victoria. This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968
(Cth) and for the purposes of Section 32 of the Sale of Land Act 1962 (Vic) or pursuant to a written agreement. The information is only valid at the time and in the
form obtained from the LANDATA® System. The State of Victoria accepts no responsibility for any subsequent release, publication or reproduction of the
information.

REGISTER SEARCH STATEMENT (Title Search) Transfer of Page 1 of 1

Land Act 1958
VOLUME 08733 FOLIO 213 Security no : 124063271463Y
Produced 14/11/2016 11:25 am

LAND DESCRIPTION
Lots 1 and 2 on Title Plan 419875K.
PARENT TITLE Volume 06761 Folio 025
Created by instrument D102608 12/06/1968

REGISTERED PROPRIETOR
Estate Fee Simple
Sole Proprietor
AOYI DEVELOPMENT PTY LTD of 23 AUSTIN STREET BALWYN VIC 3103
AM147784P 01/09/2015

ENCUMBRANCES, CAVEATS AND NOTICES

MORTGAGE AM147785M 01/09/2015
HSBC BANK AUSTRALIA LTD

Any encumbrances created by Section 98 Transfer of Land Act 1958 or Section

24 Subdivision Act 1988 and any other encumbrances shown or entered on the
plan set out under DIAGRAM LOCATION below.

DIAGRAM LOCATION
SEE TP419875K FOR FURTHER DETAILS AND BOUNDARIES

ACTIVITY IN THE LAST 125 DAYS

NIL

DOCUMENT END

Title 8733/213 Page 1 of 1

 Imaged Document Cover Sheet

The document following this cover sheet is an imaged document supplied by LANDATA®,
Land Victoria.

Document Type plan

Document Identification TP419875K
Number of Pages 1
(excluding this cover sheet)

Document Assembled 14/11/2016 11:27

Copyright and disclaimer notice:

© State of Victoria. This publication is copyright. No part may be reproduced by any process except
in accordance with the provisions of the Copyright Act and for the purposes of Section 32 of the Sale
of Land Act 1962 or pursuant to a written agreement. The information is only valid at the time and in
the form obtained from the LANDATA® System. The State of Victoria accepts no responsibility for
any subsequent release, publication or reproduction of the information.

The document is invalid if this cover sheet is removed or altered.

14th November 2016

Cornell Conveyancing Group Pty Ltd C/- InfoTrack C

LANDATA

Dear Cornell Conveyancing Group Pty Ltd C/- InfoTrack C,

RE: Application for Water Information Statement

Property Address: 75 LABURNUM STREET BLACKBURN 3130

Applicant Cornell Conveyancing Group Pty Ltd C/- InfoTrack C
LANDATA
Information Statement 30254910
Conveyancing Account 7959580000
Number
Your Reference 354081

Thank you for your recent application for a Water Information Statement (WIS). We are pleased to provide
you the WIS for the above property address. This statement includes:

Ø Yarra Valley Water Encumbrance Statement

Ø Melbourne Water Encumbrance Statement
Ø Asset Plan
Ø Rates Certificate

If you have any questions about Yarra Valley Water information provided, please phone us on 1300 304 688
or email us at the address enquiry@yvw.com.au. For further information you can also refer to the Yarra
Valley Water website at www.yvw.com.au.
Yours sincerely,

Steve Lennox
GENERAL MANAGER
RETAIL SERVICES

1 of 8
Yarra Valley Water Encumbrance

Property Address 75 LABURNUM STREET BLACKBURN 3130

STATEMENT UNDER SECTION 158 WATER ACT 1989

THE FOLLOWING ENCUMBRANCES RELATE TO SECTION 158(3)

Existing sewer mains will be shown on the Asset Plan.

Please note: Unless prior consent has been obtained, the Water Act prohibits:

1. The erection and/or placement of any building, wall, bridge, fence, embankment, filling,
material, machinery or other structure over or under any sewer or drain.
2. The connection of any drain or sewer to, or interference with, any sewer, drain or
watercourse.

2 of 8
Melbourne Water Encumbrance

Property Address 75 LABURNUM STREET BLACKBURN 3130

STATEMENT UNDER SECTION 158 WATER ACT 1989

THE FOLLOWING ENCUMBRANCES RELATE TO SECTION 158(4)

Information available at Melbourne Water indicates that this property is not subject to flooding from Melbourne Water's
drainage system, based on a flood level that has a probability of occurrence of 1% in any one year.

Please note: Unless prior consent has been obtained, the Water Act prohibits:

1. The erection and/or placement of any building, wall, bridge, fence, embankment, filling, material, machinery
or other structure over or under any sewer or drain.
2. The connection of any drain or sewer to, or interference with, any sewer, drain or watercourse.
If you have any questions regarding Melbourne Water encumbrances or advisory information, please contact Melbourne
Water on 9679 7517.

3 of 8
 SOUTH
PARADE

D
55.40

88.56
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16
15

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1 238656 BT PS549482
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Yarra Valley Water Address 75 LABURNUM STREET BLACKBURN 3130

Information Date 14/11/2016

MAIN ST

Statement Scale 1: 1000

Number : 30254910
W ABN 93 066 902 501
100 CICL
64 1994
Sewer Pipe Flow Existing Title Disclaimer: This information is supplied on the basis Yarra Valley Water Ltd:
- Does not warrant the accuracy or completeness of the information supplied, including
Y Y Sewer Proposed Title , without limitation, the location of Water and Sewer Assets;
- Does not accept any liability for loss or damage of any nature, suffered or incurred by
C
18 Subject Property Easement the recipient or any other persons relying on this information;
SPS12-34 - Recommends recipients and other persons using this information make their own site
Access Point No.
investigationsand accommodate their works accordingly;

4 of 8
Cornell Conveyancing Group Pty Ltd C/- InfoTrack C
LANDATA
certificates@landata.vic.gov.au

RATES CERTIFICATE

Account No: 6826456646 Date of Issue: 14/11/2016

Rate Certificate No: 30254910 Your Ref: 354081

With reference to your request for details regarding:

Property Address Lot & Plan Property Number Property Type

75 LABURNUM ST, BLACKBURN VIC 3130 1\Pt 1 TP419875 1247088 Residential

Agreement Type Period Charges Outstanding

Residential Sewer Service Charge 01-10-2016 to 31-12-2016 $88.60 $0.00
Residential Sewer Usage Charge 19-07-2016 to 19-10-2016 $0.00 $0.00
Estimated Average Daily Usage $0.00
Residential Water Service Charge 01-10-2016 to 31-12-2016 $44.02 $0.00
Residential Water Usage Charge 19-07-2016 to 19-10-2016 $0.00 $0.00
Estimated Average Daily Usage $0.00
Parks Fee 01-07-2016 to 30-06-2017 $74.37 $0.00
Drainage Fee 01-10-2016 to 31-12-2016 $24.40 $0.00
Other Charges:
Interest No interest applicable at this time
No further charges applicable to this property
Balance Brought Forward $0.00
Total Due $0.00
IMPORTANT NOTICE FOR SOLICITORS AND CONVEYANCERS
To ensure you accurately adjust the settlement amount, we strongly recommend you book a Special
Meter Reading:
• Special Meter Readings ensure that actual water use is adjusted for at settlement.
• Without a Special Meter Reading, there is a risk your client's settlement adjustment may not be correct.

GENERAL MANAGER
RETAIL SERVICES

Note:
1. Invoices generated with Residential Water Usage during the period 01/07/2016 – 30/09/2016 will include a
Government Water Rebate of $100.
2. This statement details all tariffs, charges and penalties due and payable to Yarra Valley Water as at the date of
this statement and also includes tariffs and charges (other than for usage charges yet to be billed) which are due
and payable to the end of the current financial quarter.

5 of 8
3. All outstanding debts are due to be paid to Yarra Valley Water at settlement. Any debts that are unpaid at
settlement will carry over onto the purchaser's first quarterly account and follow normal credit and collection
activities - pursuant to section 275 of the Water Act 1989.
4. If the total due displays a (-$ cr), this means the account is in credit. Credit amounts will be transferred to the
purchasers account at settlement.
5. Any deferred property debt is included in the arrears figures.
6. Yarra Valley Water provides information in this Rates Certificate relating to waterways and drainage as an
agent for Melbourne Water and relating to parks as an agent for Parks Victoria - pursuant to section 158 of the
Water Act 1989.
7. The charges on this rates certificate are calculated and valid at the date of issue. To obtain up to date financial
information, please order a Rates Settlement Statement prior to settlement.
8. From 01/07/2016, Residential Water Usage is billed using the following step pricing system: 259.93 cents per
kilolitre for the first 44 kilolitres; 305.36 cents per kilolitre for 44-88 kilolitres and 454.16 cents per kilolitre for
anything more than 88 kilolitres
9. From 01/07/2016, Residential Sewage Disposal is calculated using the following equation: Water Usage (kl) x
Seasonal Factor x Discharge Factor x Price (cents/kl) 202.10 cents per kilolitre

6 of 8
Property No: 1247088

Address: 75 LABURNUM ST, BLACKBURN VIC 3130

Water Information Statement Number: 30254910

HOW TO PAY

Mail a Cheque with the Remittance Advice

Biller Code: 344366 below to:
Ref: 68264566463 Yarra Valley Water
GPO Box 2753 Melbourne VIC 3001

Amount Date Receipt

Paid Paid Number

Please Note: BPAY is available for individual property settlements.

PROPERTY SETTLEMENT REMITTANCE ADVICE

Property No: 1247088

Address: 75 LABURNUM ST, BLACKBURN VIC 3130

Water Information Statement Number: 30254910

Cheque Amount: $

7 of 8
Did you know?
PEXA is a property exchange network that allows secure, online
lodgment and Financial Settlement.
Property Land Titles are lodged online at settlement, whilst funds
are settled through the Reserve Bank of Australia, meaning that
the vendor will usually receive their cleared funds on the same
day.
There's no need to wait on the phone for payout figures as
transfer and Electronic Notice of Sale documents are transmitted
automatically at settlement.
Key benefits for you
• Free to register

• Fast, immediate updates

• Potential to settle in minutes (not days)

• Pre-lodgement verification improves information accuracy

• Conveyencers, banks, legal firms and land registries

share information

• No need to physically attend settlement

• Funds settle through the Reserve Bank of Australia

Want to know more or register?

Please visit the PEXA website or contact them directly:
https://www.pexa.com.au/howpexaworks
Phone: 1300 084 515 between 7am-10pm AEST/AEDT Monday to Friday excluding national
public holidays
Email: support@pexa.com.au

8 of 8
Land Tax Clearance Certificate
Land Tax Act 2005

Your Reference: LD:23585017-009-6.354081

CORNELL CONVEYANCING GROUP PTY LTD C/-
INFOTRACK Certificate No: 10393952

Issue Date: 14 NOV 2016

Enquiries: ESYSPROD

Land Address: 75 LABURNUM STREET BLACKBURN VIC 3130

Land Id Lot Plan Volume Folio Taxable Value Tax Payable

11070735 1 419875 8733 213 $780,000 $0.00
2 419875

Vendor: AOYI DEVELOPMENT PTY LTD

Purchaser: N/A N/A

Current Land Tax Details Year Proportional Tax Penalty/Interest Total

AOYI DEVELOPMENT PTY LTD 2016 $1,875.00 $0.00 $0.00

Arrears of Tax Year Proportional Tax Penalty/Interest Total

Comments: Land Tax of $1,875.00 has been assessed for 2016, an amount of $1,875.00 has been paid.

This certificate is subject to the notes that appear on the

reverse. The applicant should read these notes carefully.
TAXABLE VALUE: $780,000
To request an update for this certificate go to:
www.sro.vic.gov.au/certificates
AMOUNT PAYABLE: $0.00
Paul Broderick
Commissioner of State Revenue

Land Tax Clearance Certificate - Remittance Advice

Certificate No: 10393952 State Revenue Office
GPO Box 4376
Land ID: 11070735 MELBOURNE VIC 3001

Amount Payable: $0.00

Please return this section with your payment. For further information refer overleaf.
Do not mark below this line.

<0000000000<0000000000>010393952000<010393952000>424<424>
Notes to certificates under Section 105
of the Land Tax Act 2005
Certificate No: 10393952

1. Under Section 96 of the Land Tax Act 2005 (the Act), land
tax is a first charge on the land to which it relates and should
the vendor default, payment will be obtained from the
purchaser. The purchaser should take into account the
possibility that the vendor may default where land tax has
been assessed but not paid.
2. If land tax is due but not paid on a property, the Land Tax
Clearance Certificate will certify the amount of land tax due and
payable on that land. This amount will be binding on the
Commissioner of State Revenue (the Commissioner) for
purposes of section 96 of the Act whether or not it is paid to the
State Revenue Office (SRO) on, or shortly after, settlement.
3. The amount of land tax on this certificate relates to the
amount of land tax due and payable as at the date of the
application only and not to any future liability or the tax status
of the land.
will issue an amended certificate, without an additional fee
being charged on receipt of sufficient evidence to that
effect from the vendor.
9. If no land tax is stated as being payable in respect of the
property, the Commissioner will consider himself bound
by that certification, in respect of the purchaser, if the land
is subsequently found to be taxable and the vendor
defaults.
10. If the vendor refuses to be bound by an amount stated by
the Commissioner and does not agree to the amount
being withheld and remitted at settlement, the purchaser
cannot rely on such refusal as a defence to an action by
the Commissioner to recover the outstanding amount from
the purchaser under Sections 96 or 98 of the Act.
11. The information on a certificate cannot preclude the
Commissioner from taking action against a vendor to
recover outstanding land tax.

4. A 'Nil' Land Tax Clearance certificate does not mean that For Information Only
the land on the certificate is exempt from land tax.
SINGLE OWNERSHIP CALCULATION BASED ON A
TAXABLE VALUE OF $780,000
5. If land tax will be payable on a property but payment is not
due at the time the application is processed, the certificate Land Tax = $1,875.00
will certify the amount that should be retained by the Calculated as $975 plus ( $780,000 - $600,000) multiplied by
purchaser at settlement and remitted to the SRO. The 0.500 cents.
Commissioner will consider himself bound by this amount
against the purchaser, only if the amount is remitted to the
SRO within 28 days after settlement. Further information

Internet www.sro.vic.gov.au
6. If the amount in 3. (above) is understated, the Commissioner
has the right to seek recovery of the correct amount, or the Email sro@sro.vic.gov.au
balance, as the case may be, from (Attn: Land Tax)
a. the vendor, or
b. the purchaser, if the vendor defaults and the certified Phone 13 21 61 (local call cost)
amount has not been remitted to the SRO within 28 days after Fax 03 9628 6853
settlement.
Mail State Revenue Office
7. If an amount is certified in respect of a proposed sale GPO Box 4376
which is not completed, the Commissioner will not be MELBOURNE VIC 3001
bound by the same amount in respect of a later sale of
the subject land - another certificate must be applied for
in respect of that transaction.

8. If an amount certified is excessively high (for example,

because a principal residence concession has not been
deducted in calculating the amount) the Commissioner

Payment options
Make cheque payable to State Revenue Office, Victoria
marked 'Not Negotiable' and return with the remittance
advice to:

Payment by mail:
State Revenue Office
GPO Box 4376
MELBOURNE VIC 3001

Land Tax Clearance Certificates are available via the SRO website www.sro.vic.gov.au/certificates
Model rules for an owners corporation 
1. Health, safety and security 
1.1 Health, safety and security of lot owners, occupiers of lots and others 
A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security 
of an owner, occupier, or user of another lot. 

1.2 Storage of flammable liquids and other dangerous substances and 
materials 
1. Except with the approval in writing of the owners corporation, an owner or occupier of a lot must not use or store on the 
lot or on the common property any flammable chemical, liquid or gas or other flammable material. 
2. This rule does not apply to— 
a) chemicals, liquids, gases or other material used or intended to be used for domestic purposes; or 
b) any chemical, liquid, gas or other material in a fuel tank of a motor vehicle or internal combustion engine. 

1.3 Waste disposal 
An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or 
comfort of the occupiers or users of other lots. 

2. Management and administration 
2.1 Metering of services and apportionment of costs of services 
1. The owners corporation must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that 
is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services. 
2. If a supplier has issued an account to the owners corporation, the owners corporation cannot recover from the lot owner 
or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of 
the lot owner or occupier from the relevant supplier. 
3. Subrule (2) does not apply if the concession or rebate— 
a) must be claimed by the lot owner or occupier and the owners corporation has given the lot owner or occupier an 
opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant 
supplier; or 
b) is paid directly to the lot owner or occupier as a refund. 

3. Use of common property 
3.1 Use of common property 
1. An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other 
person entitled to use the common property. 
2. An owner or occupier of a lot must not, without the written approval of the owners corporation, use for his or her own 
purposes as a garden any portion of the common property. 
3. An approval under subrule (2) may state a period for which the approval is granted. 
4. If the owners corporation has resolved that an animal is a danger or is causing a nuisance to the common property, it 
must give reasonable notice of this resolution to the owner or occupier who is keeping the animal. 
5. An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that 
animal. 
6. Subrules (4) and (5) do not apply to an animal that assists a person with an impairment or disability. 

3.2 Vehicles and parking on common property 
An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or 
permit a motor vehicle or other vehicle— 
  Page 1 of 2 
 a) to be parked or left in parking spaces situated on common property and allocated for other lots; or 
b) on the common property so as to obstruct a driveway, pathway, entrance or exit to a lot; or 
c) in any place other than a parking area situated on common property specified for that purpose by the owners 
corporation. 

3.3 Damage to common property 
1. An owner or occupier of a lot must not damage or alter the common property without the written approval of the 
owners corporation. 
2. An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the 
written approval of the owners corporation. 
3. An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and 
conditions to which the approval is subject. 
4. An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or 
a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent 
with the colour, style and materials of the building. 
5. The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair. 

4. Lots 
4.1 Change of use of lots 
An owner or occupier of a lot must give written notification to the owners corporation if the owner or occupier changes the 
existing use of the lot in a way that will affect the insurance premiums for the owners corporation. 

Example 
If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial 
or industrial purposes rather than residential purposes. 

5. Behaviour of persons 
5.1 Behaviour of owners, occupiers and invitees on common property 
An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in 
a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common 
property. 

5.2 Noise and other nuisance control 
1. An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to 
interfere with the peaceful enjoyment of any other person entitled to use the common property. 
2. Subrule (1) does not apply to the making of a noise if the owners corporation has given written permission for the noise 
to be made. 

6. Dispute resolution 
1. The grievance procedure set out in this rule applies to disputes involving a lot owner, manager, or an occupier or the 
owners corporation. 
2. The party making the complaint must prepare a written statement in the approved form. 
3. If there is a grievance committee of the owners corporation, it must be notified of the dispute by the complainant. 
4. If there is no grievance committee, the owners corporation must be notified of any dispute by the complainant, 
regardless of whether the owners corporation is an immediate party to the dispute. 
5. The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the 
owners corporation, within 14 working days after the dispute comes to the attention of all the parties. 
6. A party to the dispute may appoint a person to act or appear on his or her behalf at the meeting. 
7. If the dispute is not resolved, the grievance committee or owners corporation must notify each party of his or her right to 
take further action under Part 10 of the Owners Corporations Act 2006. 
8. This process is separate from and does not limit any further action under Part 10 of the Owners Corporations Act 2006. 

  Page 2 of 2 
 PLANNING CERTIFICATE
Official certificate issued under Section 199 Planning & Environment Act 1987
and the Planning and Environment Regulations 2005

CERTIFICATE REFERENCE NUMBER VENDOR

403963
AOYI DEVELOPMENT PTY LTD
APPLICANT'S NAME & ADDRESS
PURCHASER

N/A, N/A
CORNELL CONVEYANCING GROUP PTY LTD C/- INFOTRACK
C/- LANDATA

MELBOURNE REFERENCE

354081

This certificate is issued for:

LOT 1 PLAN TP419875, LOT 2 PLAN TP419875 ALSO KNOWN AS 75 LABURNUM STREET BLACKBURN
WHITEHORSE CITY

The land is covered by the:

WHITEHORSE PLANNING SCHEME

The Minister for Planning is the responsible authority issuing the Certificate.

The land:
- is included in a GENERAL RESIDENTIAL ZONE - SCHEDULE 2
- is within a DESIGN AND DEVELOPMENT OVERLAY - SCHEDULE 8

A detailed definition of the applicable Planning Scheme is available at :

(http://planningschemes.dpcd.vic.gov.au/schemes/whitehorse)

Historic buildings and land protected under the Heritage Act 1995 are recorded in the Victorian
Heritage Register at:
(http://vhd.heritage.vic.gov.au/)

Additional site-specific controls may apply. Copies of Planning Schemes and

14 November 2016
Hon. Richard Wynne MP
Minister for Planning
The Planning Scheme Ordinance should be Amendments can be inspected at the
checked carefully. relevant municipal offices.
The above information includes all
amendments to planning scheme maps LANDATA®
placed on public exhibition up to the date 570 Bourke Street
of issue of this certificate and which are Melbourne VIC 3000
still the subject of active consideration Tel: (03) 8636 2456
 The attached certificate is issued by the Minister for Planning of the State of Victoria
and is protected by statute.

The document has been issued based on the property information you provided. You should
check the map below - it highlights the property identified from your information.

If this property is different to the one expected, you can phone (03) 8636 2456 or email
landata.enquiries@delwp.vic.gov.au.

Please note: The map is for reference purposes only and does not form part of the certificate.

Choose the authoritative Planning Certificate

Why rely on anything less?

As part of your section 32 statement, the authoritative Planning Certificate provides you and / or your customer with the
statutory protection of the State of Victoria.
Order online before 4pm and for as little as $11.70 (plus your broker's service fee where applicable) receive your
authoritative Planning Certificate same day, in most cases within the hour. Next business day delivery, if further
information is required from you.
Privacy Statement
The information obtained from the applicant and used to produce this certificate was collected solely for the purpose of producing this certificate.
The personal information on the certificate has been provided by the applicant and has not been verified by LANDATA®. The property information
on the certificate has been verified by LANDATA ®. The zoning information on the certificate is protected by statute. The information on the
certificate will be retained by LANDATA ® for auditing purposes and will not be released to any third party except as required by law.
Property Report fromwww.land.vic.gov.au on 20 January 201712:52 PM

Address: 75 LABURNUM STREET BLACKBURN 3130

Lot and Plan Number: This site has 2 parcels. See table below.
Standard Parcel Identifier (SPI): See table below.
Local Government (Council): WHITEHORSE Council Property Number: 193786
Directory Reference: Melway 47 K1 0

This property is not in a designated bushfire prone area.

No special bushfire construction requirements apply. Planning provisions may apply.
Further information about the building control system and building in bushfire prone areas can be found
in the Building Commission section of the Victorian Building Authority website www.vba.vic.gov.au

Parcel Details
Lot/Plan or Crown Description SPI
Lot 1 TP419875 1\TP419875
Lot 2 TP419875 2\TP419875 - - -

State Electorates
Legislative Council: EASTERN METROPOLITAN
Legislative Assembly: BOX HILL

Utilities
Rural Water Business: Southern Rural Water
Metro Water Business: Yarra Valley Water Ltd
Melbourne Water: inside drainage boundary
Power Distributor: UNITED ENERGY (Information about choosing an electricity retailer)

Planning Zone Summary

Planning Zone: GENERAL RESIDENTIAL ZONE- SCHEDULE 2 CGRZ2)
SCHEDULE TO THE GENERAL RESIDENTIAL ZONE- SCHEDULE 2
Planning Overlay: DESIGN AND DEVELOPMENT OVERLAY (DDO)
DESIGN AND DEVELOPMENT OVERLAY- SCHEDULE 8 (DD08)

Planning scheme data last updated on 19 January 2017.

A planning scheme sets out policies and requirements for the use, development and protection of land.
This report provides information about the zone and overlay provisions that apply to the selected land.
Information about the State, local, particular and general provisions of the local planning scheme that may affect
the use of this land can be obtained by contacting the local council or by visiting Planning Schemes Online
This report is NOT a Planning Certificate issued pursuant to Section 199 of the Planning & Environment Act 1987.
It does not include information about exhibited planning scheme amendments, or zonings that may abut the land.
To obtain a Planning Certificate go to Titles and Property Certificates
The Planning Property Report includes separate maps of zones and overlays
For details of surrounding properties, use this service to get the Reports for properties of interest
To view planning zones, overlay and heritage information in an interactive format visit Planning Maps Online
For other information about planning in Victoria visit www.delwp.vic.gov:au/planning

~~I
Copyright©- State Government of Victoria
Disclaimer: This content is provided for information purposes only. No claim is made as to the Envirmm~nt,
accuracy or authenticity of the content. The Victorian Government does not accept any liability to Lord,Womr
any person for the information provided. ofld Pklflrting
Read the full disclaimer at www.land.vic.gov.au/home/copyright-and-disclaimer

75-LABURNUM·STREET-BLACKBURN-BASIC-PROPERTY-REPORT Page 1of2

 .vic.gov.au

Area Map

'r----
C~!:l·S'l.lll<!G<r.-tilfflti!~

I I I I I I I Raii•Nay I I I I Tram
o------
River, stream Lake, waterbody

Copyright© · State Government of Victoria "

Disclaimer: This content is provided for information purposes only. No claim is made as to the ·. · .·.· ·ORiiA Enviroom'l'!nt~
accuracy or authenticity of the content. The Victorian Government does not accept any liability to · St(ltl lt,md, Wooor
any person for the information provided. . ~t114flt ond Pku'lniW~g
Read the full disclaimer at www.land.vic.gov.au/home/copyright-and-disclaimer

75-LABURNUM-STREET-BLACKBURN-BASIC-PROPERTY-REPORT Page 2of2

 Department ot
Environment1 Land 1
Water and Planning
Designated Bushfire Prone Areas
from www.dtpli.vic.gov.au/planning on 20 January 2017 12:53 PM

Address: 75 LABURNUM STREET BLACKBURN 3130

Lot and Plan Number: Lot 1 TP419875
This property has a total of 2 parcels.
For full parcel details get the free Basic Property report at Property Reports
Local Government (Council): WHITEHORSE Council Property Number: 193786
Directory Reference: Melway 47 K10

This property is not in a designated bushfire prone area.

No special bushfire construction requirements apply. Planning provisions may apply.

See next page for planning information

~
Copyright © - State Government of Victoria
Disclaimer: This content is based on information provided by local government and other En'llirot~mem:,
sources and is provided for information purposes only. The Victorian Government makes no lof'ld, Wottr
claim as to the accuracy or authenticity of the content and does not accept any liability to any . of1d Planning
person for the information provided.
Read the full disclaimer at www.land.vic.gov.au/home/copyright-and-disclaimer
Notwithstanding this disclaimer, avendor may rely on the information in this report for the purpose of astatement
that land is in abushfire prone area as required by section 32(2)(dc) of the Sale of Land 1962 (Vic).
75-LABURNUM-STREET-BLACKBURN-BUSHFIRE-PRONE-AREA-PROPERTY-REPORT Page 1of2
 . .
Water and Planning

Designated Bushfire Prone Area Map

r--
~<i!:lll!!:!· ~G::r.-efliio!Vi~

Bushfire Prone Area Legend

16
o------
Bushfire Prone Area 0 Selected Land

I I I I I I I Railway I I I I Tram River, stream Lake, waterbody

Designated bushfire prone areas as determined by the Minister for Planning are in effect from 8 September 2011,
as amended by gazette notices on 25 October 2012, 8 August 2013, 30 December 2013, 3 June 2014, 22 October 2014,
29 August 2015, 21 April2016 and 18 October 2016.
The Building Regulations 2006 through application of the Building Code of Australia, apply bushfire protection
standards for building works in designated bushfire prone areas.
Designated bushfire prone areas maps can be viewed via the Bushfire Prone Areas Map Service
at http://services.land.vic.gov.au/maps/bushfire.jsp or at the relevant local council.
Note: prior to 8 September 2011, the whole of Victoria was designated as bushfire prone area
for the purposes of the building control system.
Further information about the building control system and building in bushfire prone areas can be found
in the Building Commission section of the Victorian Building Authority website www.vba.vic.gov.au
Copies of the Building Act and Building Regulations are available from www.legislation.vic.gov.au
For Planning Scheme Provisions in bushfire areas visit Planning Schemes Online
For Planning Scheme Provisions for this property return to the GetReports list and select the Planning Property Report.

Copyright© - State Government of Victoria

Disclaimer: This content is based on information provided by local government and other
sources and is provided for information purposes only. The Victorian Government makes no
claim as to the accuracy or authenticity of the content and does not accept any liability to any
person for the information provided.
l o.·····.RIA.
State
~-t
enviroomel'!ftj
Looo,Wot~r
ortd Plom'ling

Read the full disclaimer at www.land.vic.gov.au/home/copyright-and-disclaimer

Notwithstanding this disclaimer, avendor may rely on the information in this report for the purpose of astatement
that land is in abushfire prone area as required by section 32(2)(dc) of the Sale of Land 1962 (Vic).
75-LABURNUM-STREET-BLACKBURN-BUSHFIRE,PRONE-AREA-PROPERTY-REPORT Page 2of2
32.08 GENERAL RESIDENTIAL ZONE
01/07/2014
VC116
Shown on the planning scheme map as GRZ, R1Z, R2Z or R3Z with a number (if
shown).

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To encourage development that respects the neighbourhood character of the area.
To implement neighbourhood character policy and adopted neighbourhood character
guidelines.
To provide a diversity of housing types and moderate housing growth in locations offering
good access to services and transport.
To allow educational, recreational, religious, community and a limited range of other non-
residential uses to serve local community needs in appropriate locations.

32.08-1 Table of uses

01/07/2013
V8

Section 1 - Permit not required

Use Condition
Animal keeping (other than Animal Must be no more than 2 animals.
boarding)
Bed and breakfast No more than 10 persons may be
accommodated away from their normal
place of residence.
At least 1 car parking space must be
provided for each 2 persons able to be
accommodated away from their normal
place of residence.
Dependent person’s unit Must be the only dependent person’s unit on
the lot.
Dwelling (other than Bed and breakfast)
Home occupation
Informal outdoor recreation
Medical centre The gross floor area of all buildings must not
exceed 250 square metres.
Must not require a permit under clause
52.06-3.
The site must adjoin, or have access to, a
road in a Road Zone.
Minor utility installation
Place of worship The gross floor area of all buildings must not
exceed 250 square metres.
The site must adjoin, or have access to, a
road in a Road Zone.
Railway
Residential aged care facility

GENERAL RESIDENTIAL ZONE PAGE 1 OF 7

 Use Condition
Tramway
Any use listed in Clause 62.01 Must meet the requirements of Clause
62.01.

Section 2 - Permit required

Use Condition
Accommodation (other than Dependent
person’s unit, Dwelling and Residential
aged care facility)
Agriculture (other than Animal keeping,
Animal training, Apiculture, Horse
stables and Intensive animal
husbandry)
Animal keeping (other than Animal Must be no more than 5 animals.
boarding) – if the Section 1 condition is
not met
Car park Must be used in conjunction with another
use in Section 1 or 2.
Car wash The site must adjoin, or have access to, a
road in a Road Zone.
Community market
Convenience restaurant The site must adjoin, or have access to, a
road in a Road Zone.
Convenience shop
Food and drink premises (other than
Convenience restaurant and Take away
food premises)
Leisure and recreation (other than
Informal outdoor recreation and Motor
racing track)
Place of assembly (other than
Amusement parlour, Carnival, Circus,
Nightclub, and Place of worship)
Plant nursery
Service station The site must either:
 Adjoin a commercial zone or industrial
zone.
 Adjoin, or have access to, a road in a
Road Zone.
The site must not exceed either:
 3000 square metres.
 3600 square metres if it adjoins on two
boundaries a road in a Road Zone.
Store Must be in a building, not a dwelling, and
used to store equipment, goods, or motor
vehicles used in conjunction with the
occupation of a resident of a dwelling on the
lot.
Take away food premises The site must adjoin, or have access to, a
road in a Road Zone.

GENERAL RESIDENTIAL ZONE PAGE 2 OF 7

 Use Condition
Utility installation (other than Minor
utility installation and
Telecommunications facility)
Any other use not in Section 1 or 3

Section 3 – Prohibited
Use
Amusement parlour
Animal boarding
Animal training
Brothel
Cinema based entertainment facility
Horse stables
Industry (other than Car wash)
Intensive animal husbandry
Motor racing track
Nightclub
Office (other than Medical centre)
Retail premises (other than Community market, Convenience shop, Food and drink
premises, Plant nursery)
Saleyard
Stone extraction
Transport terminal
Warehouse (other than Store)

32.08-2 Subdivision
01/07/2013
V8

Permit requirement

A permit is required to subdivide land.

An application to subdivide land, other than an application to subdivide land into lots each
containing an existing dwelling or car parking space, must meet the requirements of Clause
56 and:
 Must meet all of the objectives included in the clauses specified in the following table.
 Should meet all of the standards included in the clauses specified in the following table.

Class of subdivision Objectives and standards to be met

60 or more lots All except Clause 56.03-5.

16 – 59 lots All except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1
and 56.06-3.

3 – 15 lots All except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-

2, 56.06-1, 56.06-3 and 56.06-6.

2 lots Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to

56.09-2.

GENERAL RESIDENTIAL ZONE PAGE 3 OF 7

32.08-3 Construction and extension of one dwelling on a lot
01/07/2013
V8

Permit requirement

A permit is required to construct or extend one dwelling on:

 A lot of less than 300 square metres.
 A lot of between 300 square metres and 500 square metres if specified in a schedule to
this zone.
A permit is required to construct or extend a front fence within 3 metres of a street if:
 The fence is associated with one dwelling on:
 A lot of less than 300 square metres, or
 A lot of between 300 and 500 square metres if specified in a schedule to this zone,
and
 The fence exceeds the maximum height specified in Clause 54.06-2.
A development must meet the requirements of Clause 54.

No permit required

No permit is required to:

 Construct or carry out works normal to a dwelling.
 Construct or extend an out-building (other than a garage or carport) on a lot provided
the gross floor area of the out-building does not exceed 10 square metres and the
maximum building height is not more than 3 metres above ground level.

32.08-4 Construction and extension of two or more dwellings on a lot, dwellings on

22/08/2013 common property and residential buildings
VC104

Permit requirement

A permit is required to:

 Construct a dwelling if there is at least one dwelling existing on the lot.
 Construct two or more dwellings on a lot.
 Extend a dwelling if there are two or more dwellings on the lot.
 Construct or extend a dwelling if it is on common property.
 Construct or extend a residential building.
A permit is required to construct or extend a front fence within 3 metres of a street if:
 The fence is associated with 2 or more dwellings on a lot or a residential building, and
 The fence exceeds the maximum height specified in Clause 55.06-2.
A development must meet the requirements of Clause 55. This does not apply to a
development of five or more storeys, excluding a basement.
A permit is not required to construct one dependent person’s unit on a lot.

GENERAL RESIDENTIAL ZONE PAGE 4 OF 7

 Transitional provisions

Despite the amendments made to Clause 55 by Amendment VC100, Clause 55 does not
apply to:
 an application to construct or extend a development of four or more storeys made
before the approval date of the planning scheme amendment that introduces those
amendments into the planning scheme; and
 an application under section 69 of the Act to extend a permit to construct or extend a
development of four or more storeys granted on or before the approval date of
Amendment VC100.

32.08-5 Requirements of Clause 54 and Clause 55

01/07/2013
V8
A schedule to this zone may specify the requirements of:
 Standards A3, A5, A6, A10, A11, A17 and A20 of Clause 54 of this scheme.
 Standards B6, B8, B9, B13, B17, B18, B28 and B32 of Clause 55 of this scheme.
If a requirement is not specified in a schedule to this zone, the requirement set out in the
relevant standard of Clause 54 or Clause 55 applies.

32.08-6 Buildings and works associated with a Section 2 use

01/07/2013
V8
A permit is required to construct a building or construct or carry out works for a use in
Section 2 of Clause 32.08-1.

32.08-7 Maximum building height requirement for a dwelling or residential building

01/07/2013
V8
The maximum height of a building used for the purpose of a dwelling or residential
building must not exceed the building height specified in a schedule to this zone.
This does not apply to:
 An extension of an existing building that exceeds the specified building height,
provided that the extension does not exceed the existing building height.
 A building which exceeds the specified building height for which a valid building
permit was in effect prior to the introduction of this provision.
If no building height is specified, the requirement set out in the relevant standard of Clause
54 and Clause 55 applies.

32.08-8 Application requirements

01/07/2013
V8
An application must be accompanied by the following information, as appropriate:
 For a residential development of four storeys or less, the neighbourhood and site
description and design response as required in Clause 54 and Clause 55.
 For residential development of five or more storeys, an urban context report and design
response as required in Clause 52.35.
 For an application for subdivision, a site and context description and design response as
required in Clause 56.
 Plans drawn to scale and dimensioned which show:
 Site shape, size, dimensions and orientation.
 The siting and use of existing and proposed buildings.

GENERAL RESIDENTIAL ZONE PAGE 5 OF 7

  Adjacent buildings and uses.
 The building form and scale.
 Setbacks to property boundaries.
 The likely effects, if any, on adjoining land, including noise levels, traffic, the hours of
delivery and despatch of good and materials, hours of operation and light spill, solar
access and glare.
 Any other application requirements specified in a schedule to this zone.
If in the opinion of the responsible authority an application requirement is not relevant to
the evaluation of an application, the responsible authority may waive or reduce the
requirement.

32.08-9 Exemption from notice and review

01/07/2013
V8

Subdivision

An application to subdivide land into lots each containing an existing dwelling or car
parking space is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the
decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1)
of the Act.

32.08-10 Decision guidelines

01/07/2013
V8
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

General

 The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
 The purpose of this zone.
 Any other decision guidelines specified in a schedule to this zone.

Subdivision

 The pattern of subdivision and its effect on the spacing of buildings.

 For subdivision of land for residential development, the objectives and standards of
Clause 56.

Dwellings and residential buildings

 For the construction and extension of one dwelling on a lot, the objectives, standards
and decision guidelines of Clause 54.
 For the construction and extension of two or more dwellings on a lot, dwellings on
common property and residential buildings, the objectives, standards and decision
guidelines of Clause 55.
 For a development of five or more storeys, excluding a basement, the Design
Guidelines for Higher Density Residential Development (Department of Sustainability
and Environment 2004).

GENERAL RESIDENTIAL ZONE PAGE 6 OF 7

 Non-residential use and development

 Whether the use or development is compatible with residential use.

 Whether the use generally serves local community needs.
 The scale and intensity of the use and development.
 The design, height, setback and appearance of the proposed buildings and works.
 The proposed landscaping.
 The provision of car and bicycle parking and associated accessways.
 Any proposed loading and refuse collection facilities.
 The safety, efficiency and amenity effects of traffic to be generated by the proposal.

32.08-11 Advertising signs

01/07/2013
V8
Advertising sign requirements are at Clause 52.05. This zone is in Category 3.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.
Check whether an overlay also applies to the land.
Other requirements may also apply. These can be found at Particular Provisions.

GENERAL RESIDENTIAL ZONE PAGE 7 OF 7

 WHITEHORSE PLANNING SCHEME

14/07/2016
C177
SCHEDULE 2 TO CLAUSE 32.08 GENERAL RESIDENTIAL ZONE

Shown on the planning scheme map as GRZ2.

Bush Suburban Precinct 2

1.0 Permit requirement for the construction or extension of one dwelling on a lot
14/10/2014
C160
Is a permit required to construct or extend one dwelling on a lot of between 300
square metres and 500 square metres?
500 square metres

2.0 Requirements of Clause 54 and Clause 55

14/07/2016
C177
Standard Requirement
Minimum street A3 and B6 The front of a garage, carport and/or outbuilding
setback should be set back at least 10 metres from the front
boundary or 1 metre further that the average set
back of the buildings on adjoining allotments,
whichever is the lesser.
Site coverage A5 and B8 40%
Permeability A6 and B9 40%
Landscaping B13 Provision of at least two canopy trees per dwelling
that have the potential of reaching a minimum
mature height of 12 metres. At least one of those
trees should be in the secluded private open space
of the dwelling. The species of canopy trees should
be native, preferably indigenous.
Side and rear A10 and B17 A new building not on or within 200mm of a
setbacks boundary should be set back 2 metres from the side
boundary, plus 0.3 metres for every metre of height
over 3.6 metres up to 6.9 metres, plus 1 metre for
every metre of height over 6.9 metres.
Walls on A11 and B18 Walls should only be constructed on one side
boundaries boundary.
Private open A17 A dwelling should have private open space
space consisting of an area of 80 square metres or 20 per
cent of the area of the lot, whichever is the lesser,
but not less than 40 square metres. At least one
part of the private open space should consist of
secluded private open space with a minimum area
of 35 square metres and a minimum dimension of 5
metres and convenient access from a living room. It
cannot include a balcony or roof top terrace.
B28 A dwelling or residential building should have
private open space consisting of and area of 40
square metres, with one part of the private open
space at the side or rear of the dwelling or
residential building within a minimum area of 35
square metres, a minimum dimension of 5 metres
and convenient access from a living room. It cannot
include a balcony or roof top terrace.

GENERAL RESIDENTIAL ZONE – SCHEDULE 2 PAGE 1 OF 3

 WHITEHORSE PLANNING SCHEME

Standard Requirement

Front fence A20 and B32 Front fence height in streets in a Road Zone
height Category 1 or 2 should not exceed 1.8 metres and
should have at least 50% transparency.
A front fence within 3 metres of a street should not
exceed 1.2 metres in ‘other streets’.

3.0 Maximum building height requirement for a dwelling or residential building

14/10/2014
C160
A building used as a dwelling or a residential building must not exceed a height of 10.5
metres unless the slope of the natural ground level at any cross section wider than 8 metres
of the site of the building is 2.5 degrees or more, in which case the height of the building
must not exceed a height of 11.5 metres.
This does not apply to:
 An extension of an existing building or the construction of a new building that exceeds
the specified building height which does not exceed the height of immediately adjacent
buildings facing the same street.
 The rebuilding of a lawful building or works which have been damaged or destroyed.
The maximum building height requirement excludes rooftop services which should be
hidden from view from any adjoining public space or designed as architectural roof top
features. Roof top services includes but is not limited to plant rooms, air conditioning, lift
overruns and roof mounted equipment.

4.0 Application requirements

14/10/2014
C160
The following application requirements apply to an application for a permit under clause
32.08, in addition to those specified in clause 32.08 and elsewhere in the scheme:
 Plans showing existing vegetation and any trees proposed to be removed.
 Plans showing proposed landscaping works and planting including tree species and
mature height.

5.0 Decision guidelines

14/07/2016
C177
The following decision guidelines apply to an application for a permit under clause 32.08,
in addition to those specified in clause 32.08 and elsewhere in the scheme:
 Whether the development provides for an appropriate built form transition to residential
properties in the Neighbourhood Residential Zone.
 Whether the vegetation in the street setback will contribute to the preferred
neighbourhood character and the public realm.
 The potential for trees and vegetation to be provided between dwellings on the same
site.
 Whether there is sufficient permeable space that is not encumbered by an easement to
enable the planting of canopy trees.
 Development should provide for the retention and/or planting of trees, where these are
part of the character of the neighbourhood.

GENERAL RESIDENTIAL ZONE – SCHEDULE 2 PAGE 2 OF 3

 WHITEHORSE PLANNING SCHEME

6.0 Transitional provisions

14/10/2014
C160
Schedule 2 to clause 32.08 – General Residential Zone does not apply to an application to
construct a dwelling or residential building made before the approval date of the planning
scheme amendment that introduced this schedule into the planning scheme. The
requirements of clause 54 as they apply to clause 54.03-2 or of clause 55 as they apply to
clause 55.03-2 that are in force immediately before the said approved date continue to
apply.
Despite the provisions of schedule 2 to clause 32.08, these do not apply to an application
under section 69 of the Act to extend a permit to construct or extend a development.

GENERAL RESIDENTIAL ZONE – SCHEDULE 2 PAGE 3 OF 3

43.02 DESIGN AND DEVELOPMENT OVERLAY
19/01/2006
VC37
Shown on the planning scheme map as DDO with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To identify areas which are affected by specific requirements relating to the design and
built form of new development.

43.02-1 Design objectives

19/01/2006
VC37
A schedule to this overlay must contain a statement of the design objectives to be achieved
for the area affected by the schedule.

43.02-2 Buildings and works

19/01/2006
VC37

Permit requirement

A permit is required to:

ƒ Construct a building or construct or carry out works. This does not apply:
ƒ If a schedule to this overlay specifically states that a permit is not required.
ƒ To the construction of an outdoor swimming pool associated with a dwelling unless
a specific requirement for this matter is specified in a schedule to this overlay.
ƒ Construct a fence if specified in a schedule to this overlay.
Buildings and works must be constructed in accordance with any requirements in a
schedule to this overlay. A schedule may include requirements relating to:

ƒ Building setbacks.
ƒ Building height.
ƒ Plot ratio.
ƒ Landscaping.
ƒ Any other requirements relating to the design or built form of new development.
A permit may be granted to construct a building or construct or carry out works which are
not in accordance with any requirement in a schedule to this overlay, unless the schedule
specifies otherwise.

Exemption from notice and review

A schedule to this overlay may specify that an application is exempt from the notice
requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),
(2) and (3) and the review rights of Section 82(1) of the Act.

DESIGN AND DEVELOPMENT OVERLAY PAGE 1 OF 3

43.02-3 Subdivision
19/01/2006
VC37

Permit requirement

A permit is required to subdivide land.

This does not apply if a schedule to this overlay specifically states that a permit is not
required.
Subdivision must occur in accordance with any lot size or other requirement specified in a
schedule to this overlay.
A permit may be granted to subdivide land which is not in accordance with any lot size or
other requirement in a schedule to this overlay, unless the schedule specifies otherwise.

Exemption from notice and review

A schedule to this overlay may specify that an application is exempt from the notice
requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1),
(2) and (3) and the review rights of Section 82(1) of the Act.

43.02-4 Advertising signs

19/01/2006
VC37
Advertising sign controls are at Clause 52.05 unless otherwise specified in a schedule to
this overlay.

43.02-5 Decision guidelines

19/01/2006
VC37
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
ƒ The design objectives of the relevant schedule to this overlay.
ƒ The provisions of any relevant policies and urban design guidelines.
ƒ Whether the bulk, location and appearance of any proposed buildings and works will be
in keeping with the character and appearance of adjacent buildings, the streetscape or
the area.
ƒ Whether the design, form, layout, proportion and scale of any proposed buildings and
works is compatible with the period, style, form, proportion, and scale of any identified
heritage places surrounding the site.
ƒ Whether any proposed landscaping or removal of vegetation will be in keeping with the
character and appearance of adjacent buildings, the streetscape or the area.
ƒ The layout and appearance of areas set aside for car parking, access and egress, loading
and unloading and the location of any proposed off street car parking
ƒ Whether subdivision will result in development which is not in keeping with the
character and appearance of adjacent buildings, the streetscape or the area.
ƒ Any other matters specified in a schedule to this overlay.

DESIGN AND DEVELOPMENT OVERLAY PAGE 2 OF 3

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement, for strategies and policies which may affect
the use and development of land.

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

DESIGN AND DEVELOPMENT OVERLAY PAGE 3 OF 3

 WHITEHORSE PLANNING SCHEME

21/05/2015
C159
SCHEDULE 8 TO THE DESIGN AND DEVELOPMENT OVERLAY

Shown on the planning scheme map as DDO8.

BLACKBURN NEIGHBOURHOOD ACTIVITY CENTRE AND MEGAMILE

(WEST) MAJOR ACTIVITY CENTRE

1.0 Design objectives

16/05/2013
C143
To ensure development is consistent with the MegaMile [west] and Blackburn Activity
Centres Urban Design Framework 2010 (the UDF) and Clause 22.09 Blackburn and
MegaMile (west) Activity Centres.
To create a strong and distinct image for both the MegaMile (west) and Blackburn Activity
Centres.
To facilitate the redevelopment of potential opportunity sites and key gateway sites.
To encourage high quality design and modest built form accentuation on key gateway sites
as defined by the UDF.
To ensure that new development is sensitively designed and complements or enhances the
existing character of the area including the protection of heritage buildings.
To encourage an appropriate transition in building heights to the residential areas adjoining
the activity centres.
To ensure that Environmentally Sustainable Development principles are incorporated into
the design of new development.
To ensure that buildings within core retail areas and along key pedestrian streets create a
well defined and ‘active’ street edge.
To ensure the new development makes best use of available space, achieving a more
compact and sustainable urban form.
To ensure access for all levels of mobility and for all forms of travel.
To create a high quality pedestrian environment to encourage walking around the centres.
To encourage high quality landscaped frontages and avoiding car parking in front setbacks
where setbacks are preferred.
To ensure an acceptable interface is achieved between new development and the railway
corridor.

2.0 Buildings and works

16/05/2013
C143
Buildings and works must be developed in accordance with the following requirements:

Building heights

 Buildings and works should not exceed the preferred maximum building height
specified in the tableand maps to this schedule.
 An application to exceed the preferred maximum building height must demonstrate
how the development will continue to achieve the Design Objectives and Built Form
Outcomes of this schedule and any local planning policy requirements. Other decision
guidelines include:
 Achieving high or superior architectural quality;

DESIGN AND DEVELOPMENT OVERLAY – SCHEDULE 8

 WHITEHORSE PLANNING SCHEME

 Achieving innovation with respect to environmental sustainability;

 Involving innovative approaches to heritage fabric;
 Achieving an equivalent or better design outcome;
 Minimising impacts on amenity;
 The design response to the site context;
 Achieving specific urban design outcomes such as vista retention, protection of the
public realm from excessive shadowing, or transition to other land, or achieving
specific land use outcomes.
 The preferred maximum building height excludes rooftop services which should be
hidden from view from any adjoining public space or designed as architectural roof top
features. Roof top services includes but is not limited to plant rooms, air conditioning,
lift overruns and roof mounted equipment.

Building setbacks

 Buildings and works should be in accordance with the preferred street setbacks
specified in the table and maps to this clause.
 Properties abutting a residential zone must provide transitional upper level setbacks at
the residential interface to maintain the amenity of adjoining residential properties.
 Built form for non-residential uses at ground level should provide active frontages to
streetscapes.
 Recessed upper levels are preferred to reduce the appearance of building bulk.
 An application to vary the preferred street setbacks must demonstrate how the
development will continue to achieve the Design Objectives and Built Form Outcomes
of this schedule and any local planning policy requirements.

3.0 Table to Schedule 8

21/05/2015
C159
Precinct Preferred Preferred Built form outcome
maximum street
height setbacks

DDO8-A 11 metres No front Development must consider Clause 22.09

(Railway and setbacks Blackburn and MegaMile (west) Activity
Whitehorse Centres, where applicable.
Roads)
Active frontages along Railway Road and
Whitehorse Road.
Development on the north side of Whitehorse
Road may be considered above the preferred
maximum height where it considers and
responds to adjacent higher buildings.
The scale and design of new development
should respect the amenity of adjoining
residential zones.
New buildings along Railway Road should be
designed to reflect the fine grain built form and
generally low scale of the Blackburn Station
Shopping Centre.
DDO8-A 11 metres Apply Well designed development which has regard
(Vine Street) setback to potential heritage and character in the scale
requirements and design of new buildings.
in
accordance Upper levels are setback to reduce building
bulk, and to allow for a transition in height to

DESIGN AND DEVELOPMENT OVERLAY – SCHEDULE 8

 WHITEHORSE PLANNING SCHEME

Precinct Preferred Preferred Built form outcome

maximum street
height setbacks
with adjoining residential areas and maintain
ResCode residential amenity.
Development should have regard to the Date
Palm trees.
DDO8-B 11 metres 3-5 metre High quality streetscapes with landscaping.
(Whitehorse landscaped
Road) front setback Well designed higher density development
which has regard to potential heritage and
character in the scale and design of new
buildings.
The scale and design of new development
should respect the amenity of adjoining
residential developments.
Active frontages along Whitehorse Road.
DDO8-C 15 metres 3 metre Development must consider Clause 22.09
(Properties landscaped Blackburn and MegaMile (west) Activity
fronting Albert setback Centres, where applicable.
St, Chapel St,
and on the To incorporate landscaping, including canopy
south side of trees where appropriate.
Railway Active frontages along Albert Street, Chapel
Road) Street and Railway Road.
DDO8-C 15 metres No front Development must consider Clause 22.09
(Properties setbacks Blackburn and MegaMile (west) Activity
fronting Centres, where applicable.
Whitehorse
Road and on Active frontages along Whitehorse Road and
the north side Railway Road with weather protection where
of Railway possible.
Road) Upper levels are setback to reduce building
bulk, and to allow for a transition in height to
adjoining residential areas and maintain
residential amenity.
DDO8-C 15 metres Apply Development must consider Clause 22.09
(Remaining setback Blackburn and MegaMile (west) Activity
areas) requirements Centres, where applicable.
in
accordance Well designed higher density residential
with development which has regard to potential
ResCode heritage and character in the scale and design
of new buildings.
DDO8-D 21 metres 3-5 metre 160 Whitehorse Road is a gateway site to the
landscaped Blackburn Neighbourhood Activity Centre and
(160 front and MegaMile, and its built form should reflect this
Whitehorse side street status as a visually prominent landmark.
Road, setbacks
Blackburn, Create a high quality design of the public and
and sites over private realms to provide a strong and
2
10,000m ) consistent image for the MegaMile, including
landscaping.
Avoid subdivision and support consolidation of
sites to accommodate larger format buildings.
These sites should have customer and delivery
vehicular access, landscaping, and car parking
that is not visually obtrusive when viewed from
the street (preferably underground).

DESIGN AND DEVELOPMENT OVERLAY – SCHEDULE 8

 WHITEHORSE PLANNING SCHEME

Precinct Preferred Preferred Built form outcome

maximum street
height setbacks

DDO8-D 11-15 metres 3-5 metre Improve the quality of streetscape treatment
(Remaining landscaped and landscaping, particularly along Whitehorse
areas) front and Road between Ceylon and Cottage Streets.
side street
setbacks Create a high quality design of the public and
private realms to provide a strong and
consistent image for the MegaMile.
Avoid subdivision and support consolidation of
sites to accommodate larger format buildings.
These sites should have customer and delivery
vehicular access, landscaping, and car parking
that is not visually obtrusive when viewed from
the street (preferably underground).
DDO8-E 9 metres 3-5 metre High quality streetscapes incorporating
landscaped landscaping.
(Land front setback
bounded by Active frontages along Surrey Road, Maple
Surrey Road, Street and Whitehorse Road.
Maple Street
and
Whitehorse
Road)
DDO8-E 9 metres In The scale and design of new development
(Remaining accordance should respect the amenity of adjoining
areas) with residential developments.
ResCode
(excludes Discourage blank and inactive facades on built
non- forms adjoining pedestrian walkways,
residential footpaths, carparks and laneways, where
zones) applicable.

DDO8-F (28- 10 metres or 3-5 metre Development must consider Clause 22.09
30 Blackburn 9 metres if landscaped Blackburn and MegaMile (west) Activity
Road) adjoining front setback Centres, where applicable.
residential
zone. Improved streetscape interface and active
frontage.
DDO8-F 10 metres or No setback Development must consider Clause 22.09
(Remaining 9 metres if Blackburn and MegaMile (west) Activity
areas) adjoining Centres, where applicable.
residential
zone. New buildings designed to reflect the form and
scale of existing heritage and older
contributory buildings along South Parade.
Active frontages along all roads with weather
protection where possible.
Discourage blank and inactive facades on built
forms adjoining pedestrian walkways, including
footpaths, carparks and laneways, where
applicable.

4.0 Subdivision
16/05/2013
C143
A permit is not required to subdivide land.

5.0 Reference Documents

16/05/2013
C143
MegaMile [west] & Blackburn Activity Centres Urban Design Framework, July 2010

DESIGN AND DEVELOPMENT OVERLAY – SCHEDULE 8

 WHITEHORSE PLANNING SCHEME

Blackburn Neighbourhood Activity Centre and MegaMile (west) Major Activity Centre Building Height and Setback Precinct Plan

Note: DDO8-E as applicable to 60 Terracotta Drive, 288 Whitehorse Road and 20 Varman Court is measured 30 metres north from the southern boundary of those sites.

DESIGN AND DEVELOPMENT OVERLAY – SCHEDULE 8 PAGE 5 OF 5

 Extract of EPA Priority Site Register Page 1 of 2

**** Delivered by the LANDATA® System, Department of Environment, Land, Water &
Planning ****

PROPERTY INQUIRY DETAILS:

STREET ADDRESS: 75 LABURNUM STREET

SUBURB: BLACKBURN
MUNICIPALITY: CITY OF WHITEHORSE
MAP REFERENCE: Melways 40th Edition, Street Directory, Map 47 Reference K10

DATE OF SEARCH: 14th November 2016

PRIORITY SITES REGISTER REPORT:

A search of the Priority Sites Register for the above map reference,
corresponding to the address given above, has indicated that this site is
located at, or in the vicinity of, the following sites listed on the Priority
Sites Register at the above date.

LIST OF SITES:
2 CENTRAL RD BLACKBURN
Former Service Station. Requires
assessment and/or clean up. Notice
Number: 0090004262

If the subject property is NOT in this list, then as of the above date, it is
not listed on the Priority Sites Register.

IMPORTANT INFORMATION ABOUT THE PRIORITY SITES REGISTER:

You should be aware that the Priority Sites Register lists only those sites for
which EPA has requirements for active management of land and groundwater
contamination. Appropriate clean up and management of these sites is an EPA
priority, and as such, EPA has issued either a:
Clean Up Notice pursuant to section 62A, or a
Pollution Abatement Notice pursuant to section 31A or 31B
of the Environment Protection Act 1970 on the occupier of the site to require
active management of these sites.

The Priority Sites Register does not list all sites known to be contaminated in
Victoria. A site should not be presumed to be free of contamination just because
it does not appear on the Priority Sites Register.

Persons intending to enter into property transactions should be aware that many
properties may have been contaminated by past land uses and EPA may not be aware
of the presence of contamination. EPA has published information advising of
potential contaminating land uses. Municipal planning authorities hold
information about previous land uses, and it is advisable that such sources of
information also be consulted.

For sites listed on the Priority Sites Register, a copy of the relevant Notice,
detailing the reasons for issue of the Notice, and management requirements, is

[Extract of Priority Sites Register] # 23585017 - 23585017112559

'354081'
 Page 2 of 2

Extract of EPA Priority Site Register

**** Delivered by the LANDATA® System, Department of Environment, Land, Water &
Planning ****

available on request from EPA for $8 per Notice.

For more information relating to the Priority Sites Register, refer to EPA
contaminated site information bulletin: Priority Sites Register & Contaminated
Land Audit Site Listing (EPA Publication 735). For a copy of this publication,
copies of relevant Notices, or for more information relating to sites listed on
the Priority Sites Register, please contact EPA as given below:

EPA Information Centre

Herald & Weekly Times Tower
40 City Road, Southbank 3006
Tel: (03)9695 2700 Fax:(03)9695 2710

[Extract of Priority Sites Register] # 23585017 - 23585017112559

'354081'
 **** Delivered by the LANDATA® System, Department of Environment, Land, Water & Planning ****

ROADS PROPERTY CERTIFICATE

The search results are as follows:

Cornell Conveyancing Group Pty Ltd C/- InfoTrack

135 King St
SYDNEY 2000
AUSTRALIA

Client Reference: 354081

NO PROPOSALS. As at the 14th November 2016, VicRoads has no approved

proposals requiring any part of the property described in your application. You
are advised to check your local Council planning scheme regarding land use zoning
of the property and surrounding area.

This certificate was prepared solely on the basis of the Applicant-supplied

address described below, and electronically delivered by LANDATA®.

75 LABURNUM STREET, BLACKBURN 3130

CITY OF WHITEHORSE

This certificate is issued in respect of a property identified above. VicRoads

expressly disclaim liability for any loss or damage incurred by any person as a
result of the Applicant incorrectly identifying the property concerned.

Date of issue: 14th November 2016

Telephone enquiries regarding content of certificate: 13 11 71

[Vicroads Certificate] # 23585017 - 23585017112559 '354081'

VicRoads Page 1 of 1
PROPOSED NEW RESIDENTIAL DEVELOPMENT Page 1____

SCHEDULE OF INTERNAL SELECTIONS

PROJECT
75 Laburnam Street
X2
Blackburn

CLIENT

PROJECT NUMBER:
15-70

DATE:

PETRIDIS ARCHITECTS: LEVEL 1/173 UPPER HEIDELBERG ROAD IVANHOE VIC 3079
E: office@petridisarchitects.com.au / P: (03) 9499 8826
PROPOSED NEW RESIDENTIAL DEVELOPMENT Page 2____

SCHEDULE OF FITTINGS
ALL DWELLINGS SUPPLIER IMAGE
ENTRY DOORS Manufacturer: Corinthian Doors
Product: Madison Range
Details: Primed
Supplier Code: PMAD 4G
Measurements: Standard
2040mm x 820mm x 40mm

Manufacturer: Corinthian Doors

Product: Madison Range
Details: Primed
Supplier Code: PMAD 04
Measurements: Standard
2040mm x 820mm x 40mm

Manufacturer: Corinthian Doors

Product: Madison Range
Details: Primed
Supplier Code: PMAD 101
Measurements: Standard
2040mm x 820mm x 40mm v

ENTRY DOOR HARDWARE

INTERNAL DOORS Manufacturer: Corinthian Doors
Product: Motive Range
Details: Primed
Supplier Code: MOTP 2
Measurements: Standard
2040mm x 820mm x 40mm

Manufacturer: Corinthian Doors

Product: Motive Range
Details: Primed
Supplier Code: MOTP 2V
Measurements: Standard
2040mm x 820mm x 40mm
PROPOSED NEW RESIDENTIAL DEVELOPMENT Page 3____
Manufacturer: Corinthian Doors
Product: Motive Range
Details: Primed
Supplier Code: MOTP 3D
Measurements: Standard
2040mm x 820mm x 40mm

INTERNAL DOOR HARDWARE

ENGINEERED FLOORING Manufacturer: Quick Step
Product: Largo – Laminate Flooring
Colour: Spotted Gum

CARPET FLOORING (ALL BEDROOMS) Manufacturer: Victoria Carpets

Product: Iconic
Colour example shown: Graphite 32 2833
**See swatch for selection**

Manufacturer: Victoria Carpets

Product: Rendell Plush
Colour example shown: Nile 78 2882
**See swatch for selection**

Manufacturer: Victoria Carpets

Product: Tudor Twist
Colour example shown: Wizard 75 2869
**See swatch for selection**

TILED FLOORING (ALL WET AREAS) BCVPAI-X2-001 - Wall Only

BCVPAI-X2-002

BCVPAI-X2-003

BCVPAI-X2-004

BCVPAI-X2-005
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BCVPAI-X2-006 - Wall Only

BCVPAI-X2-007

BCVPAI-X2-008

BCVPAI-X2-009

BCVPAI-X2-010

SKIRTING BOARDS/ARCHITRAVES Manufacturer: Corinthian Doors

Product: Single Bevelled
Details: Primed
Supplier Code: PMBVA
Measurements: 66mm x 18mm x 5400mm

KITCHEN JOINERY DETAIL

Kicker Rail To be booked match to cabinetry
Cabinetry
Manufacturer: Polytec
Product: Ravine Range
Colour : Bleached Walnut

Manufacturer: Polytec
Product: Ravine Range
Colour : Drifted Oak
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Manufacturer: Polytec
Product: Ravine Range
Colour : Natural Oak

Benchtops

Manufacturer: Caesarstone
Product: Standard Range
Details: Snow 2141

Manufacturer: Caesarstone
Product: Standard Range
Details: Nougat 6600

Splashback (Bookmatched to Manufacturer: Caesarstone

benchtop) Product: Standard Range
Details: Raw Concrete 4004

Manufacturer: Caesarstone
Product: Standard Range
Details: Snow 2141

Manufacturer: Caesarstone
Product: Standard Range
Details: Nougat 6600

Manufacturer: Caesarstone
Product: Standard Range
Details: Raw Concrete 4004

KITCHEN APPLIANCES
Oven Westinghouse Multifunction 10 Built In Oven

Cooktop Westinghouse 60cm 4 Burner Stainless Steel

Cooktop WHG642SA

Rangehood Fisher and Paykel 90cm Powerpack

Undermount Rangehood HP901DCHX2
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Dishwasher Fisher & Paykal Integrated Single DishDrawer
DD60ST17

KITCHEN FITTINGS AND FIXTURES

Sink Tapware Gareth Ashton Lucia Goose Sidelever Mixer
Chrome 3K4

Kitchen Sink Franke Aton Single Bowl Flush Mount Sink

ANX211RHB

Franke Steel Queen Single Undermount Sink

SQX110362

BATHROOM JOINERY DETAILS

Cabinetry Manufacturer: Polytec
Product: Ravine Range
Colour : Bleached Walnut

Cabinetry Hardware Manufacturer: Polytec

Product: Ravine Range
Colour : Drifted Oak

Benchtop Manufacturer: Polytec

Product: Ravine Range
Colour : Natural Oak

Manufacturer: Caesarstone
Product: Standard Range
Details: Snow 2141

Manufacturer: Caesarstone
Product: Standard Range
Details: Nougat 6600

Manufacturer: Caesarstone
Product: Standard Range
Details: Raw Concrete 4004

BATHROOM FITTINGS AND FIXTURES

PROPOSED NEW RESIDENTIAL DEVELOPMENT Page 7____
Basin Kohler Chalice Round Vessel Basin 420mm
14800A0

Villeroy & Boch Memento Counter-Top Basin

51355001

Basin Tapware Gareth Ashton Lucia Basin Mixer with Curved

Spout Chrome 3B1C

Gareth Ashton Lucia Gooseneck 3 Piece Basin

Set Chrome WELS Rating 4 Stars 65 Litres Per
Minute 3GBS

Toilet Suite Kohler Panache Close Coupled Toilet 4.5L 3L

Flush PANACHECC

Duravit D Code Wall Mounted Toilet

25350900002

Toilet Access Plate Geberit Sigma50 Mechanical Dual Flush Plate

Black Finish with Brushed Metal Button
115788DW5

Toilet Tissue Holder Streamline Axus Toilet Roll Holder Chrome

AX11C

Towel Rail Arcisan Kudos 60cm Towel Rail Chrome KU03

Bathroom Butler 4600 Series Polished Single Rail

650mm 4672POLS
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Shower Head Abey Monza Square Face Hand Shower ABS1

Gareth Ashton Fontana Square Shower Head

KSHSQ

LAUNDRY JOINERY DETAILS

Laundry Tub ranke Steel Queen Single Undermount Sink
SQX110362

Laundry Tapware Gareth Ashton Lucia Goose Sidelever Mixer

Chrome 3K4

ELECTRICAL APPLIANCES:-
Ceiling Exhaust Fans To:-
Location:- Toilets and bathrooms– ducted to exterior, self-closing. Supplied and installed by Builder.
Type:- To be supplied and installed by Builder.

Smoke Detectors:- Interconnected mains power. Supplied and installed by Builder.

Type:- To meet requirements of BCA
Location:- As per drawings
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EXTERIOR MATERIALS AND FINISHES SCHEDULE

AREA DESCRIPTION IMAGE
ROOF CONCRETE ROOF TILE, BORAL
RANGE “STORM GREY”

WALLS FACE BRICKWORK “IRON” OR

SIMILAR

RENDER SMOOTH CEMENET RENDER,

DULUX “PARTITA” OR SIMILAR

FEATURE WALL MLEBOURNE BRICK, “NUVO

ASPIRE”

RENDER SMOOTH CEMENET RENDER,

DULUX “FLOODED GUM” OR
SIMILAR

RENDER SMOOTH CEMENET RENDER,

DULUX “NATURAL WHITE” OR
SIMILAR
PROPOSED NEW RESIDENTIAL DEVELOPMENT Page 10____

WINDOWS SEMI-COMMERCIAL ALUMINIUM

FRAME, COLORBOND
“ANODISED FINSIH”

DOWNPIPES COLORBOND, “MONUMENT”

FASCIA/GUTTER COLOURBOND, “MONUMENT”

GARAGE DOOR COLORBOND “LIGHT GREY”

DRIVEWAY REINFORDED CONCRETE

PAVING, “RIVERWASH” FINISH