DATED 2023 1A DILLON CONTRACT OF SALE OF LAND Property: 3 Kefford Court, Mont Albert North 3129 MCDONALD SLATER & LAY Solicitors 136 Balcombe Road Mentone Vic 3194 Tel: 03 9583 6263 Ref: EB:AM:58736 ‘CONTRACT OF SALE OF LAND 1 ‘August 2019WARNING TO ESTATE AGENTS. DO NOT USE THIS CONTRACT FOR SALES OF ‘OFF THE PLAN’ PROPERTIES, UNLESS IT HAS BEEN PREPARED BY A LEGAL PRACTITIONER Contract of sale of land Property addre 3 Kefford Court, Mont Albert North, Victoria 3129 ‘The vendor agrees to sell andthe purchaser agrees to buy the property. being the land and the goods, forthe price and on the terms set ‘out in tis contract ‘The terms ofthis contract are contained inthe = . pariculars of sale; and : special conditions, if any; and + goneral conations (which are in standard form: see general condition 6.1) In that order of priority. SIGNING OF THIS CONTRACT WARNING: THIS IS A LEGALLY BINDING AGREEMENT. YOU SHOULD READ THIS CONTRACT BEFORE SIGNING IT urchasers should ensure tha they have received a section 32 statement from the vendor before signing this contract. a this contract ection 32 statement” means the statement required tobe given by a vendor under section 32 ofthe Sale of Land Act 1962. ‘The authosty of a person signing - ‘+ under power of attorney; or ‘+ as director ofa corporation; or ‘as agent authorised in writing by one ofthe parties - ‘ust be noted beneath the signature, ‘Any person whose signature is secured by an estate agent acknowledges being given by the agent atthe time of signing a copy ofthe terms ofthis contract ‘SIGNED BY THE PURCHASER: 12023, Print name(s) of person(s) signing: State nature of authority, if applicable: This offer will lapse unless accepted within{ _] clear business days (3 clear business days if none specified) In this contract, “business day” has the same meaning as in section 30 of the Sale of Land Act 1962 SIGNED BY THE VENDOR: Print name(s) of person(s) signing: TA DILLON State nature of authority, if applicable: ‘The DAY OF SALE is the date by which both parties have signed this contract. IMPORTANT NOTICE TO PURCHASERS — COOLING-OFF Cootng ot perio |Seien 34 ate Sl a Lan Ae 1962) EXCEPTIONS: The 3 oslo prs des rat oP Youmay ers coat hin 3 cer bana dy of day Mayu son paeennee the ancl nane te srapns ata blow pes You Yaumuteitr gia ender orhe vender gen wren ce Sioiecoenatenteretzesibessiaes severe faveer + youtoisht ie landwitin eres ay lore ply sveriad + yovteupe ne lanswinin3 ser utes aye she puny aaveaaed mon ate ried a tn fl ne mney you pals EXCEDT or $00 «0.2% hepureace pce whchovers moe) fou aha ones ey + the propany ued pray rina + the ropany mere an 20 haces naar eased pny for rico + jousnatnavnaornave paves apres contact real of he same lan + yousreaneateaget ora cpeata by “Ths confact is approved a a standard form of contact under ection S8A of tho tat Agonts Act 1980 by he La Inte of Vera Lines. The Law Ineo of Veto Limied is auhorses to approve ths form unde he Lege Profesion rvonm Law Appcaton St 2048, CONTRACT OF SALE OF LAND. 2 ‘August 2019,Table of contents Particulars of Sale ‘Special Conditions General Conditions. eX Pee eNe 1 12, 4, 14, 46. 16. 1, 18, 19. 20, a 2, 2, 24, 25, 26, 21. 28, 20, 3 geee ELECTRONIC SIGNATURE LIABILITY OF SIGNATORY. (GUARANTEE NOMINEE, o ENCUMBRANCES. VENDOR WARRANTIES. IDENTITY OF THE LAND. SERVICES. CONSENTS sen ‘TRANSFER & DUTY - RELEASE OF SECURITY INTEREST... BUILDING WARRANTY INSURANCE... GENERAL LAWLAND vss a " DEPOSIT vesenns ot DEPOSIT BOND. 13 BANK GUARANTEE. 13 ‘SETTLEMENT. ELECTRONIC SETTLEMENT... 14 ost N6 LOAN cnn 18 BUILDING REPORT. 15 PEST REPORT. sn 16 ADJUSTMENTS. sisi inti = 16 FOREIGN RESIDENT CAPITAL GAINS WITHHOLDING. seinen A (GST WITHHOLDING, 7 TIME & CO OPERATION... 18 SERVICE 18 NoTices. INSPECTION. ‘TERMS CONTRACT. LOSS OR DAMAGE BEFORE SETTLEMENT. BREACH nam INTEREST... .20 DEFAULT NOTICE. 20 DEFAULT NOT REMEDEED... 20 CONTRACT OF SALE OF LAND 3 August 2019NOTICE TO PURCHASERS OF PROPERTY OFF-THE-PLAN (teepan sles (Secon GAMA ofthe Salo Land A! 1052) ‘You may nga wih he eric abut te amen he depot mney ya rhe ie ‘Austral pate of ne my ase beeen hay which ou Sgn conta of lard ede n wren oubece terete pop eth et. The vue alt nay change betnan ha dy on wich ou spn cnt ll alt he on in you Became oes rope. Particulars of sale Vendor's estate agent Buxton Real Estate 13 Ellingworth Parade, Box Hill, VIC 3128 Email: chan@buxton.com.au —_boxhill@buxton.com.au Tel: 0390130160 Mob: 0422 056 222 Ref: Calvin Chan Vendor lA DILLON 4/61 Bear Street, Mordialloc, VIC 3195 Vendor's legal practitioner or conveyancer McDonald Slater & Lay 136 Balcombe Road, Mentone VIC 3194 PO Box 49, Mentone VIC 3194 Email: amilnes@msinetau Tel: 03 9583 6263 Ref: EB:AM:58736 Purchaser Name: Address: cs ABNIACN: a Email: Purchaser's legal practitioner or conveyancer Name: ‘Address: Email Tet Mob: Land (general conditions 7 and 13) The land is described in the table below — Certificate of Title reference being lot [on plan Volume 8440 Folio 008 8 (060106 The land includes all improvements and fixtures. CONTRACT OF SALE OF LAND 4 August 2019Property address ‘The address of the landis: 3 Kefford Court, Mont Albert North 3129 Goods sold with the land (general condition 6.3(f) (Agent to list or attach schedule if applicable) Payment Price $ Deposit 8 by (ofwhich$ has been paid) Balance $ payable at settlement Deposit bond (1 General condition 15 applies only if the box is checked Bank guarantee (1 General condition 16 applies only if the box is checked GST (general condition 19) Subject to general condition 19.2, the price includes GST (if any), unless the next box is checked C__ GST (if any) must be paid in addition to the price if the box is checked 1 This sale is a sale of land on which a ‘farming business’ is carried on which the parties consider meets the requirements of section 38-480 of the GST Act if the box is checked (This sale isa sale of a going concern’ ifthe box is checked (The margin scheme will be used to calculate GST if the box is checked Settlement (general conditions 17 & 26.2) is due on Lease (general condition 5.1) C1 Atsettlement the purchaser is entitled to vacant possession of the property unless the boxis checked, in which case the property is sold subject to”: (ronly one ofthe boxes below should be checked after carefuly reading any applicable lease or tonancy document) allease for a term ending on with options to renew, each of years OR (__aresidential tenancy for a fixed term ending on OR (1 aperiodic tenancy determinable by notice Terms contract (general condition 30) (This contract is intended to be a terms contract within the meaning of the Sale of Land Act 1962 if the box is checked. (Reference should be made to general condlion 30 and any futher applicable provisions should be added ‘a8 special conditions) Loan (general condition 20) (This contract is subject to a loan being approved and the following details apply i the box is checked: Lender: (or another lender chosen by the purchaser) Loan amount: no more than Approval date: Building report 1 General condition 21 applies only if the box is checked Pest report C1 _ General condition 22 applies only if the box is checked ‘CONTRACT OF SALE OF LAND 5 ‘August 2019Special Conditions Instructions: itis recommended that when adding special conditions: ‘= each special condition is numbered; ‘= the parties intial each page containing special conditions; ‘© allie is drawn through any blank space remaining on the last page; and ‘= attach additional pagesif there is not enough space 4. The Purchaser acknowledges and agrees that there are no conditions warranties or other terms affecting the sale other than those embodies herein and the Purchaser shall not be ented to rely upon any representations made by or on behalf ofthe Verdors except such as are embodied in and as conditions ofthis Contract 2. {@)_Iftrere is more than one purchaser, tis the purchasers’ responsibilty to ensure the contract corracy records at the {date of sale the proportions in which they are buying the property (‘the proportions") (©) Ifthe proportions recorded in the transfer ifr from those recorded Inthe contrac itis the purchasers’ responsiblity to pay any additonal duty which may be assessed as a result ofthe variation, (©) The purchasers fuly indemnify the vendor, the vendor's agent and the vendor's legal practioner against any claims, ‘or demands which may be made against any ofa of them in elation to any addkonal duty payable asa rest of the Proportions in the transfer difering from those inthe contract. This special condition will not merge on completion. 3. If the subject propery is tonanted and there are any arrears of rent or outgoings at the date of settlement, the purchaser Undertakes to pay thal amount adusted back to the vendor on receipt ofthe arrears of rent from the tenant. Ifthe tenant fas to pay the arrears of rent which were due to the vendor at setlement date, the purchaser authorises the vendor to commence ‘an action inthe name of the purchaser against the tenant to recover such arrears of rent or outgoings. Sale by auction If the property is otfered for sale by auction, it wil be subject tothe vendor's reserve price. The Rules forthe conduct ofthe ‘auction shal be as set out in Schedule 1 to the Sale of Land Regulations 2005 or any rues prescribed by regulation which ‘modify or replace those Rules. 5. a) The Purchaser warrants ~ i that the Purchaser Is ordinal resident in Australi, or; i that the Purchaser Is not a corporation, Business or ust in which there is @ substantial foreign interest within the ‘meaning of the Foreign Acquisitions and Takaovers Act 1975, and: li, thatthe provisions ofthe Foreign Acguistions and Takeovers Act 1075 and the Foreign Acqulsions and Takeovers Regulations 1989 requiring the obtaining of consent by the Purchaser fortis transaction do not apply. b) Inthe event of there being a breach of this warranty whether deliberate or unintontionaly the Purchaser agrees to indernnity ‘and to compensate the Vendor in respect of any lose, damage, expense, penalty, fine or legal costs which may be incurred by the Vendor as a consequence thereof (0) This warranty and indemnity shell not merge on completion ofthis Contract. 6 Penalty interest ‘The Vendor ives notice to the Purchaser that inthe event tha the Purchaser fis to complete the purchase of the property on the due date speciied in the Contract of Sale or any such date as may have been mutually agreed to by the pares, then General Conéiton 33 is amended so that the rate of 2% per annum refered to in that General Condition is replaced by a rate ‘of 4% per annum and that the Purchaser wil also accept the folowing expences: (a) Allcosts incured by the Vendor associated with obtaining bridging finance to complete the Vendor's purchase of another property and interest charged on such bridging ance (©) Interest payable by the Vendor under any existing Mortgage over the property calculated from the due date. (©) Accommodation expenses necessatilyincued by the Vendor, (4) Additional costs and expenses 2s between the Vendor and the Vendor's representative, (©) Any costs, expenses and penalties incurred by the Vendor to the third party through any delay in completion ofthe Vendor's, purchase. (Rebooking fee and setiement fee payable fo the Vendor's representative, the sum of $120.00 plus any such fees levied by the Vendor's Mrtgagee and third partes. VENDOR PURCHASERSALE OF LAND REGULATIONS 200: SCHEDULE 1 GENERAL RULES FOR THE CONDUCT OF PUBLIC AUCTIONS OF LAND 1. The auctioneer may make one or more bids on behalf of the vendor of the land at any time during the auction 2, The auctioneer may refuse any bid, 3 The auctioneer may determine the amount by which the bidding is to be advanced 4, The auctioneer may withdraw the property from sale at any time. 5 The auctioneer may refer a bid to the vendor at any time before the conclusion of the auction. 6. In the event of a dispute concerning a bid, the auctioneer may re-submit the property for sale at the last undisputed bid or start the bidding again. 7 The auctioneer must not accept any bid or offer for a property that is made after the property has been knocked down to the successful bidder, unless the vendor or successful bidder at the auction refuses to sign the contract of sale following the auction. 8. Ifa reserve price has been set for the property and the property is passed in below that reserve price, the vendor will first negotiate with the highest bidder for the purchase of the property. ‘CONTRACT OF SALE OF LAND. 7 ‘August 2019,GUARANTEE We, of and of IN CONSIDERATION of the within named vendor (hereinafter callled "the vendor’) having at our request (as we do hereby acknowledge) entered into the within Contract with the within named purchaser (hereinafter called "the purchaser") DO HEREBY for ourselves and our respective heirs executors and administrators jointly and severally GUARANTEE to the vendor the due and punctual payment by the purchaser of all purchase money interest and other moneys to be paid by the purchaser pursuant to the provisions of the within Contract and the due performance and observance by the purchaser of all and singular the provisions and agreements in the within Contract contained and on the part of the purchaser to be performed and observed AND WE AGREE that the vendor may without affecting our liability under this guarantee grant time or other indulgence or concession to or compound or compromise with the purchaser AND WE FURTHER AGREE that this guarantee shall be a continuing guarantee so long as any principal interest or other moneys secured by the within Contract remain owing. DATED the day of SIGNED by the said ] in the presence of: ] SIGNED by the said ] in the presence of: ] CONTRACT OF SALE OF LAND a ‘August 2019General Conditions Contract signing 4, ELECTRONIC SIGNATURE 41.1 In this goneral condition “electronic signature” means a diglal signature or a visual representation of a person's handwritten signature or mark which fs placed on a physical or electronic copy of this contract by electronic or mechanical means, and "electronically signed" has @ corresponding meaning. 4.2. The parties consent to this contract being signed by or on behalf of party by an electronic signature. 1.3 Where this contract is electronically signed by or on behalf of a party, the party warrants and agrees thatthe electronic signature has been used to Idenlly te person signing and to Ingicate thatthe party Intends to be bound by the electronic signature, 41.4 This contract may be electronically signed in any number of counterparts which together will constitute the one document 4.5 Each party consents to the exchange of counterparts of this contract by delivery by email or such other electronic means as may be agreed in wring. 1.6 Each party must upon request promptly deliver @ physical counterpart of tis contract withthe handwritten signature or signatures ofthe party and all witten evidence ofthe authority ofa person signing on thelr behalf, but a fallue to comply with the request does not alec the valli of this contact. 2. LIABILITY OF SIGNATORY {Any signatory for a proprietary linited company purchaser is personally lable for the due performance of the purchaser's obigations as Ifthe signatory were the purchaser in the case ofa default by a proprietary Imited company purchaser. 3. GUARANTEE ‘The vendor may require one or more directors of the purchaser to guarantee the purchaser's performance of this contract ifthe purchaser is proprietary limited company. 4. NOMINEE ‘The purchaser may no later than 14 days before the due date fr settlement nominate a substitute or addtional person to take a transfer ofthe land, but the named purchaser remains personaly liable for the due performance of all the purchase’s obligatons under this contract. Ti 5. ENCUMBRANCES 5.1. The purchaser buys the property subject to: (a) any encumbrance shown inthe section 32 statement other than mortgages or caveats: and (©) any reservations, exceptions and coneitions in the crown grant; and (©) any lease or tenancy referred to in the particulars of sale. 5.2 The purchaser indemniies the vendor against all obligations under any lease or tenancy that are to be performed by the landlord after settement. 6. VENDOR WARRANTIES 6.1 Tre vendor warrants that these general conditions 1 to 36 are identical tothe general condlions 1 to 35 in the form of contract of sale of ind pubished by the Law Institute of Vitoria Limited and the Real Estate Intute of Vicora Pty Lid inthe month ‘and year Set out atthe foot of his page. 6.2 The warranties in general concitions 6.3 and 6.4 replace the purchaser's right to make requisitions and inquiries. 6.3 The-vendor warrants thatthe vendor: (2) has, orby te due date for settement will have the right o sel the land; and (©) Is under no legal disabity: and (©) isin possession ofthe land, ether personaly or through @ tenant; and (€) has not previously sold or granted any option to purchase, agreed to lease or grantod 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 {0} _willat settlement be the holder of an unencumbered estate in fee simple in the land and (wll at settlement be the unencumbered owner of any improvements, fixtures, fitings and goods sold with the land, CONTRACT OF SALE OF LAND 9 August 201910. 1. 6.4 The vendor further warrants thatthe vendor has no knowledge of any of the following: (2) publicrights of way over the land: (©) easements over the land; (©) lease or other possessory agreement affecting the land: (@) notice or order directly or indirectly affecting the land wbich wil not be dealt with at settlement, other than the usual ‘ale notices and any land tax notices; (©) legal proceedings which would render the sale ofthe land void oF voldable or capable of being set aside. 6.5 The warranties in general conitons 6.3 and 6.4 are subject to any contrary provisions inthis contract and disclosures inthe section 22 statement, 86 If sections 1378 and 137C of the Bulléing Act 1983 apply to this contact, the vendor warrants that: (2) all domestic buleing work caried out in relation fo the constuction by or on behalf ofthe vendor ofthe home was. Carried out ina proper and workmanlike manner, and (©) all materials used in that domestic bling work were good and suitable forthe purpose for which they were used and that, unless otherwise stated in the contract, those materials were new, and (©) domestic building work was carted out in accordance wit ll laws and legal requirements, including, without limiting the geneally ofthis warranty, the Building Act 1986 and regulations made under the Building Act 1893, 6.7 Words and phrases used in general condition 6.6 which are defined in the Bulding Act 1893 have the same meaning in (general condition 6.6. IDENTITY OF THE LAND 7.1 An omission or mistake in the description ofthe propesty or any deficiency in the area, description or measurements of the fand does not invalidate the sale. 72 The purchaser may not: (@) make any objection of claim for compensation for any alleged misdescription af the property or any deficlency in its fatea or measurements; of (©) require the vendor to amend tile or pay any cost of amending til. SERVICES 8.1 The vendor does not represent tha the services are adequate forthe purchaser's proposed use ofthe property and the vendor advises the purchaser to make appropriate inquires. The condition of the services may change between the day of sale and Settlement and the vendor does not promise that the services wil ba inthe same condition at settlement as they were on the day of sale 82 The purchaser is responsible for the cannection ofall services to the property after settlement and the payment of any assotiated cost, CONSENTS ‘The vendor must obtain any necessary consent or licence requted forthe vendor to sel the propery. The contract will be at an end and all money pald must be refunded if any necessary consent or licence isnot obtained by settlement TRANSFER & DUTY 40.1. The purchaser must prepare and deliver tothe vendor a least 7 days beloce the due date fr settement any paper transfer ‘of land document whichis necessary for this transaction, The delery of the transfer of land document is nat acceptance of tite. 10.2. The vendor must promptly inate the Duties on Line or other form required by the Stale Revenue Office in respect of his, transaction, and both parties must co-operate to complete its soon as practicable. RELEASE OF SECURITY INTEREST 111 This general condition applies if any part of the property is subject to 2 securty interest to which the Personal Property Secures Act 2009 (Cth) applies. 11.2 For the purposes of enabling the purchaser to search the Personal Property Secures Register for any securty interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or cortecton in ‘accordance with general condlion 11.4, the purchaser may request the vendor to provide the vendor's date of bith to the purchaser. The vendor must comply with a request made by the purchaser under this condition i he purchaser makes the Fequest at least 21 days before the due date for settlement. 11.3 Ifthe purchaser is given the detals ofthe venders date of bith under condiion 11.2, (2) only use the vendor's date of bith forthe purposes speciied in condition 11.2; and (©) keep the date of birth of the vendor secure and confidential, we purchaser must CONTRACT OF SALE OF LAND 10 ‘August 2019115 7 118 119 11410 wat 142 11.413 44 11.48 ‘The vendor must ensure that ator before setlement, the purchaser receives — (@) release from the secured party releasing the property from the security interest or (©) a statementin witing in accordance with section 275(1)b) ofthe Personal Property Securities Act 2008 (Cth setting ‘ut thatthe amount or obigation that is secured is nil at settlement or (©) 2 writen approval or correction in accordance with section 275(1)(¢) of the Personal Property Securities Act 2009 (Cth) incicating that, on settlement, te personal property included in te contract snot or wal not be property in which the security interests granted, ‘Subject to general condition 11.6, the vendor is not obliged to ensure thatthe purchaser receives a release, statement, ‘approval or correction in respect of personal property - (@) tha (the purchaser intends to use predominately for personal, domestic or household purposes; and (has -a market value of not more than $5000 or, i @ greater amount has been prescribed forthe purposes of section 47(1} ofthe Personal Property Securities Act 2008 (Cth), not more than that prescribed amount; or (©) thats sold in the ocinary course ofthe vendor's business of seling personal property of that kin. ‘The vendor's obliged to ensure thatthe purchaser receives @ release, statement, approval or correction In respect of personal property described in general condition 41.5 if- (2) the personal property is of @ kind that may be described by a serial number in the Personal Property Securities Register, o (©) the purchaser has actual or constructive knowledge thatthe sale constitutes a breach ofthe security agreement that provides for the secur interest ‘A release forthe purposes of general condition 11.4(a) must be in wing. ‘A release for the purposes of general condition 11.4(a) must be effective in releasing the goods from the security interest and be inform which allows te purchaser to take tte fo the goods fee of that security intrest. Ifthe purchaser receives a release under general condition 11.4) the purchaser must provide the vendor witha copy ofthe release ator as soon as practicable after setlement In addition to ensuring a release is recalved under general condition 11.4(8), 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 Feflect that release ithe property being released includes goods ofa kind that are described by serial number inthe Personal Property Secu Register. ‘The purchaser must advise the vendor of any securily intrest 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 setement. ‘The vendor may delay settlement unl 21 days affer the purchaser advises the vendor of the secur inlerosts that the purchaser reasonably requires to be released i the purchaser does not provide an advice under general condton 14.11 Uf settlement is delayed under general condition 11.12, he purchaser must pay the vendor - (2) interest from the due date for stlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the eater; and (©) any reasonable costs incurred by the vendor asa result ofthe delay - 23 though the purchaser was in default ‘The vendor s not required o ensure tha the purchaser receives a release in respect ofthe land, This genera condition 11.14 apples despite general conditon 11.1 Words and phrases which are defined in the Personal Property Secures Act 2009 (Cth) have the same meaning in general conidtion 14 unless the context requires otherwise 12, BUILDING WARRANTY INSURANCE ‘The vendor warranis that the vendor will provide at settlement details of any current bulkier warranty Insurance in the vendor's possession relating tothe propery if requested in writing to do so at least 21 days before settlement. 13, GENERAL LAW LAND 134 132 ‘The vendor must complete a conversion of file in accordance with section 14 of the Transfer of Land Act 1958 before settlement f the land is the subject of a provisional folo under section 23 of that Act “The remaining provisions of this general conaiton 13 only apply if any par ofthe land is not under the operation ofthe Transfor of Land Act 1958. ‘CONTRACT OF SALE OF LAND " ‘August 201918.9 The vendors ken to be the holder ofan unencumbered estate in fee simp in the land there is an unbroken chain fe artng atleast 39 years before the day of sale proving on te face ofthe documents the nership a he ene logal ard ecjutable esate without the aio! her evidence 18.4 The purchasers nite fo nepec the vendor's chain file on request at such placa in Victoria athe vendor nominates. 185 The purchasers taken to have accepted the vendor's tie (a) 21 days have elapsed since the day of sale; and (&) the purchaser has ot reasonably objected to the tle or reasonably required the vendor to remedy 9 defect inthe ite 496 The contact wil beat an end (0) the vendor gives the purchaser anaice thatthe vendors unable or unlng to salty the purchasers cbjecon ot ‘equirement and hat he contract vl end ithe bjecon or reqrement isnot hdr wit 4 day fe Gog ofthe natie: and (b) the objection or requirement is not withdrawn in that time. 18,7 the contract endsin accordance with general conton 136, he deposit mustbe returned tothe purchaser and nether sary hat eam agains the ober in domages 198 General concion 171 [setemen] shoud be read as if the reference to exstred proprietor i a reference to ‘ower in respect of tat part othe land wren fot under he opecaton ofthe Transfer of Land Act 958 Money 14, pePosit 144 The purchaser mist pay the deposit (@) tothe vendor's censed estate agent or (©) tte no estate agent, tothe vendo’ legal practioner or conveyancer or (©) tthe vendor recs, into a special purpose account in an authorised deposittaking insttuonn Vira speed by the vendorin theo names of ie purchaser and the vendor. 142 _ttheland is sld on an unregistered pan of subdision, the deposi (2) mstnot exceed 10% of he rice and (©) must be paid tothe vendors estate agent, egal practioner or conveyencer and held by the estate agen, legal racttoner or conveyancer ons! for he purchaser un reisaton of ean of subdision. 143. The deposit ust be released to the vendor it (@) te vendor provides parulars, tothe sastacion ofthe purchaser; that ether (0 there are no debs secured against he propery or (i) ifhere ae any debs, the ttl amount of those debts together with any amounts tobe weld in ecordence vith general condos 24 and 25 covs not exceed 80% of te sale pce; and (0) atleast 28 days have elapsed since the particulars were given to the purchaser under paregrah and (©) _alleondtions of secon 27 ofthe Sale of Land At 1852 have been satisfied. 144 The stakeholder must pay the deposit anc any interest to the party eniled when the depsit i leased the contac is Sotied; rth contract ended 145 The stakeholder may pay the depos and any intrestnt coutiitis reasonable to do so. 146 Where the purchaser is deemed by section 27(7) ofthe Sale of Land Act 1962 to have glen the depst release authorisation refered toh secon 27(%), he purchase isso deemed to have accepted We nthe absence of any poe xpress objection fo ite 147 Paymentof the depositmay be made or ender: (8) _in.cash up to $1,000 oF 0.2% ofthe price, whichever is greater; or (0) by cheque drawn on an authorised deposittaking institution: or (©) by electronic funds transfer toa recipient having the appropriate facies for receipt. However, unless otherwise agreed! ‘CONTRACT OF SALE OF LAND R August 2019ua 9 14.10 an (4) payments may not be made by credit card, debit card or any other financial transfer system that allows for any {hargeback or funds reversal other than for fraud or mistaken payment, and (e} any financial transfer or similar fees or deductions from the funds transferred, other than any fees charged by the Fecipients authorised deposittaking instluion, must be paid by the remiter. Payment by electronic transfer is made when cleared funds are received inthe recipient's bank account Before the funds ae electronically transferred the intanded recipient must be noted in wring and given suticfent partoulars {to readly identity the relevant transaction. ‘As soon as the funds have been electronically ansferred the intended recipient must be provided with the relevant ransaction number or reference datas, For the purposes of his general condtion ‘authorised deposittaking Institution’ means a body corporate for which an authority under section 8(3) ofthe Banking Act 1959 (Cth) isin force. 15, DEPOSIT BOND 154 152 153 ‘This general condition only applies i the applicable box in the particulars of sale is checked. In this general condition "deposit bond” mens an revocable undertaking to pay on demand an amount equal othe deposit ‘or any unpaid partof the deposit. The issuer and the form of the deposit bond must be satisfactory tothe vendor. The deposit bond must have an expr date a east 45 days after the due date for setiement. ‘The purchaser may deliver @ deposit bond to the vendor's estate agent, legal practioner or conveyance within 7 days after the day of sale. ‘The purchaser may atleast 45 days before a current deposit bond expires delver a replacement deposit bond on the same terms and conditions Where a deposit bond is devered, the purchaser must pay the deposit o the vendor's legal practioner or conveyancer on the frst to occur of: (2) settlement; (©) the date thats 45 days before the deposit bond or any replacement deposit bond expires: (©) the date on which this contract ends in accordance with general condlion 35.2 (defauit not remedied] fotowing breach by the purchaser, and (2) the date on which the vendor ends this contract by accepting repudiation of it by the purchaser, “The vendor may claim on the deposit bond without prior notice if the purchaser defaults under this contract or repudiates this ‘contract and the contract is ended. The amount paid by the issuer Satlsfies the obligations ofthe purchaser under general ‘condition 15.5 tothe extent ofthe payment. Nothing inthis general condition limits the rights ofthe vendor ifthe purchaser defaults under this contract or repudiates this ‘contract, except as provided in general conditon 15.6. ‘This general condition is subject to genera condition 14.2 [deposit 46. BANK GUARANTEE 164 102 163 164 165 166 ‘This general condition only applies if the applicable box in the particulars of sale is checked. In this general condition: (2) “bank guarantes’ means an unconditional and irrevocable guarantee or undertaking by a bank in fom satisfactory to the vendor to pay on demand any amount under his contract agreed in writing, ana (©) “bank” means an authorised deposittakng institution under the Banking Act 1959 (Cth). ‘The purchaser may deliver a bank guarantee to the vendor's legal practioner or conveyance. ‘The purchaser must pay the amount secured by the bark guarantee to the vendor's legl practioner or conveyancer on the fest fo occur of (@) settlement; (©) the date thats 45 days before the bank guarantee expires (6) the date on which this contract ends in accordance with general condition 35.2 (default not remedied] folowing breach by the purchaser, and (4) the date on which the vendor ends this contract by accepting repudiation of it by the purchaser “The vendor must return the bank guarantee document tothe purchaser when the purchaser pays the amount secured by the bank guarantee in accordance with general condition 16.4. ‘The vendor may claim on the bark guarantee without prior notice if the purchaser defaults under this contractor repucites this contract and the contracts ended. The amount paid by the bank satisfies the obligations of the purchaser under general ‘condition 16.4 tothe extent ofthe payment. CONTRACT OF SALE OF LAND 18 August 201816.7 Nothing in this general condition limits the rights ofthe vendor fhe purchaser defaults under this contract or repudiates tis, contract except as provided in general condiion 16.6. 16.8 This general condition is subjoct to general condition 14.2 [deposit 47. SETTLEMENT 474 Atsettloment: (a) the purchaser must pay the balance; and (b) the vendor must: (©) oallthings necessary o enable the purchaser to become the registered propritor ofthe land and (give ether vacent possession of receipt of rents end profits in accordance wit the particulars of sale. 17.2. Settlement must be conducted between the hours of 10.00 a.m, and 4.00 p.m. unless the parties agree othervise. 17.3 The purchaser must pay ell money other than the deposit in accordance with a written direction ofthe vendor or the vendor's legal practioner or conveyancer. 18, ELECTRONIC SETTLEMENT 18.1 Settlement and lodgment ofthe instruments necessary to record the purchaser as registered proprietor of the land wil be Conducted electronically in accordance with the Electronic Conveyancing National Law. This general conditon 18 has priority ‘over any other provision of this contrac o the extent of any Inconsistency, 182 _Aparty must immediately give writen notice if that party reasonably believes that settiement and lodgment can no longer be ‘conducted elecronicaly. Specal condition 18 ceases fo apply from when such a notice ls given. 183 Each party must: (2) be, or engage @ representative whois, a subscriber fr the purposes ofthe Electronic Conveyancing National Law, (©) ensure that all other persons for whom that party is responsibie and who are associated with this transaction are, ‘or engage, a subscriber forthe purposes ofthe Electronic Convayancing National Law, and (©) conduct the transaction n accordance withthe Electronic Conveyancing National Law, 184 The vendor must open the electronic workspace (‘workspace’) as soon as reasonably practicable and nominate a date and time for settlement. The inclusion of a specific date for settioment in a workspace isnot of itself a promise to settle on that ate or at that ime. The workspace Is an electronic adaress for the service of notices and for writen communications for the purposes of any electronic transactons legisaton. 185 This general conslton 12.5 applies If there Is more than one electronic ladgment network operator in respect of the Iransaction. In this general conditon 18.5 “the transaction’ means this sale and purchase and any associated transaction involving any ofthe same subscriber. ‘To the extont that any nteroperabily rules governing the relationship batween electronic lodgement network operators do not provide otherwise: (a) the electronic ladgment network operator to conduct ll the fhancal and lodgement aspects ofthe transaction after the workspace locks must be one wich Is wiling and able to conduct such aspects ofthe transaction in accordance with the instructions of al the subscribers inthe workspaces of all the elecvonic lodgement network operators ater the workspace locks; (0) __iftwo or more electronic ladgment network operators mest that description, one may be selected by purchaser's Incoming mortgagee having the hignest priority but f here s no mortgagee ofthe purchaser, the vendor must make the selection 186 _Settioment occurs when the workspace records that (@) there has been an exchange of funds or value between the exchange setement account or accounts in the Reserve Bank of Australia of te relevant financial institutions ort financial settement agents in accordance with the nsiructons of he paris: or (&) _ifthere is no exchange of funds or value, the documents necessary to enable the purchaser to become registered Proprietor ofthe land have been accepted for electronic lodgement 18.7 The parties must do everything reasonably necessary to effect settiement (2) electronically on the next business day; or (©) atthe option of either party, otherwise than electronically as soon 2s possible — I, after the locking of the workspace atthe nominated settement me, satlementn accordance with special condition 18.6, has not occured by 4.00 pm, oF 6.00 pm Ifthe nominated time for setlement is affer 4.00 pm. 18.8 Each party must do everything reasonably necessary to assist the other party to trace and identity the recipiant of any ‘missing or mistaken payment and io recover the missing or mistaken payment 18.9 The vendor must before settement: (2) deliver any keys, secutty devices and codes ("keys") tothe estate agent named in the contract, (©) dlroct the estate agent to give the keys to the purchaser or the purchasers nominee on notification of setlement by the vendor, the vendors subscrber ofthe electronic lodgment network operator, CONTRACT OF SALE OF LAND “ ‘August 2019)19, 20, a (©) deliver al other physical documents and items (other than the goods sold by the contrac) to which the purchaser is entities at setlement, and any keys if not delivered tothe estate agent, tothe vendor's subscriber o,f there is no ‘Vendor's subscriber, confirm in willing tothe purchaser thatthe vendor holds those documents, items and keys at the vendor's address set outin he contract, and ‘ive, or direct its subscriber to give all hose documents and items and any such keys to the purchaser or the purchaser's ‘nominee on notation by the elecironic ladgment network operator of setiement. cst 18.1 The purchaser does not have to pay the vendor any amount in respect of GST in addon tothe price if the particulars of sale Speciy thatthe price includes GST (ifany), 482 The purchaser must pay tothe vendor any GST payable by the vendor in respect ofa taxable supply made under this contact in addition othe price it (2) the particulars of sale speciy that GST (if any) must be pad in addition to the price: or (©) GSTs payable solely as a result of any action taken or intended to be taken by the purchaser after the day of sae, including a change of use: or (©) the pariculars of sale speciy that the supply made under this contact is of land on which a farming business’ Is ‘artied on and the supply (or part of it) does not salisly the requirements of section 38-480 of the GST Act: or (@) the particulars of sale specity thatthe supply made under this contract is ofa going concem and the supply (ora part (oft) does not satisty the requirements of Section 38-825 of the GST Act 419.3 The purchaser is not obliged to pay any GST under this contract unl a tax invoice has boon given tothe purchase. 194 Ifthe particulars of sale specily that the supply made under this contrat is of land on which a farming business's carted (@) the vendor warrants thatthe property is land on which a farming business has been carried on forthe perc of 5 Yeats preceding the date of supply and (©) the purchaser warans thatthe purchaser intends that farming business wl be cared on aftr setlement onthe property 195 the poriculars of ste spect thatthe supply made under this contracts ‘ging concern (@) the parties agree that this contacts for the supply of a gong concem: and (0) the purchaser warrants thatthe purchaser is, or prior to settement willbe, registered for GST: and (©) the vendor warrants that the vendor wil cary onthe going concem until the date of supply. 186 Ifthe pariculars of sale specity thatthe supply made under this contract isa ‘margin scheme’ supply, the patie agree that the margin scheme applies to this contract. 187 inthis general conditon: (2) ‘GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth); and (©) ‘GST’ includes penalties and interest. Loan 20.1 the particulars of sale speciy that tis contracts subject to a loan being approved, this contract is subject tothe lendor ‘approving the loan on the security ofthe property by the approval date ofan later date allowed by the vendor. 20.2 The purchaser may end the contract he loan isnot approved by the approval date, but only ifthe purcheser: (2) immediately applied forthe loan: anc (©) 6id everything reasonably required to obtain approval ofthe loan; and (©) serves written notice ending the contract, together with written evidence of rejection or non-approval of the loan, on the vendor within 2 clear business days after the approval date or ay later date alowed by the vendor; and (4) is notin defauit under any otner condition ofthis contract when the notice is given. 20.3 Allmoney must be immediately refunded tothe purchaser if the contact Is ended. BUILDING REPORT 21.1 This general condition only appies ifthe applicable box in the particulars of sales Is checked. 21.2. The purchaser may end this contract within 14 days from the days of sale if the purchaser: (2) obtains a written report from a registered building practioner or architect which discloses a current defect in a structure on the land and designates it as a major building defect; () gives the vendor @ copy of the report and a writen notice ending ths contract; and (notin then in defaut 21.3 Allmoney paid must be immediately refunded tothe purchaser if the contract ends in accordance with his general condition, CONTRACT OF SALE OF LAND 5 ‘August 20192, 2. 214 Anotice under this general condition may be served on the vendor’ legal practioner, corveyancer or estate agent even if ‘tne estate agent's authority has formally expired atthe time of service, 21.5 The registered building practioner may inepect the property at any reasonable time for the purpose of preparing the report PEST REPORT 22:1. This general condition only applies i the applicable box in the pariculars of sae is checked. 22.2 The purchaser may end this contract within 14 days from the day of sale ithe purchaser: (2) obtains a written report from a pest control operator licensed under Victorian law which discloses a current pest Infestation on the land and desighates it as a major infestation affecting the structure ofa building on the a (©) gives the vendor a copy of the report and a written natioe ending this contract; and (©) isnot them in defauit 22.3. Allmoney pald must be immediately refunded tothe purchaser ifthe contract ands in accordance with this general ‘condition. 22:4 Anotice under this general condlion may be served on the vendor's legal practioner, cowvayancer or estate agent even if the estate agent's authority has formally expired atthe time of service 22.5 Thepest control operator may inspect the property at any reasonable ime forthe purpose of preparing the report ADJUSTMENTS. 23.1 All periodic outgoings payable by the vendor, and any rent and other income received in respect ofthe property must be ‘apportioned beiween the paris on the settlement date and any adjustment paid and received as appropriate. 232 The periodic outgoings and rent and other income must be apportioned on the folowing basis: (2) the vendor is table forthe periodic outgoings and ented tothe rent and other income upto and including the day of settlement; and (b) the land is treated as the only land of which the vendor s owner (as defined in the Land Tax Act 2008); and (©) the vendor's taken to own the land as a resident Australian beneficial owner: and (8) any personal statutory benefit avaliable to each party is disregarded in calculating apportionment. 233 The purchaser must provide coples of al certificates and other information used to calculate the adjustments under general condition 23, i requested by the vendor. FOREIGN RESIDENT CAPITAL GAINS WITHHOLDING 2441 Words defined or used in Subdivision 14. of Schedule 1 to the Taxation Administration Act 1963 (Cth) have the same ‘meaning inthis general condition uriess the context requires there. 24.2 Every vendor under this contrat isa foreign resident for the purposes of tis general consition unless the vendor gives the purchaser a clearance certificate Issued by the Commissioner under section 14-220 (1) of Schedule 1 to the Taxation ‘Administration Act 1953 (Cth). The speciied period inthe clearance certificate must include the actual date of setiment. 24.3. Tha remaining provisions ofthis general canton 24 only apply ifthe purchaser is required to pay the Commissioner an ‘amount in accordance with section 14-200(3) or secon 14-235 of Schedule 1 tothe Taxation Administration Act 1963 (Cth) (Cthe amount’) because one or more of he vendors isa foreign resident, the property has or wil have a market value not fess than the amount set out in secon 14-215 of the legislation just after the transaction, and the transaction isnot excluded Under section 14-216(1) of the legislation 244 The amountis to be deducted from the vendors etilement tothe contract consideration, The vendor must pay tothe purchaser at setlement such pat of the amount as is represented by non-monetary consideration, 245 The purchaser must (2) engage a legal practioner or conveyance (representative to conduct al legal aspects of settlement, including the performance of the purchaser's obligations under the legislation and tis general condition; and (©) ensure thatthe representative does so 24.8 The terms ofthe representative's engagement are taken to include instructions to have regard to the vendor's interests and Instructions tat the representative must (@) pay, or ensure payment of, the amount to the Commissioner in the manner requted by the Commissioner and 2s ‘S00n as reasonably and practcably possible, fom moneys under the contol or direcbon of the representative in ‘accordance with this general conliton I the sale ofthe property settles; (©) promplly provide the vendor with proof of payment and (0) otherwise comply, or ensure compliance with, this general condition; despite: (©) ary contrary instructions, other than from both the purchaser and the vendor, and (©) anyother provision in this contract othe contrary: 24.7 Tha representative is taken to have complied with the requirements in special condition 24.6 it (2) the settement is conducted through an electronic lodgement network; and (CONTRACT OF SALE OF LAND 16 August 201925, (©) the amount is included in the settlement statement requling payment to the Commissioner in respect of this vansaction. 24.8 Any clearance certificate or document evidencing variation ofthe amount in accordance with section 14-235(2) of Schedule {110 the Taxation Adminisiration Act 1953 (Cth) must be given to the purchaser a least 5 business days before the due date for settlement. 24.9 The vendor must provide the purchaser with such information asthe purchaser requires to comply withthe purchaser's obligation fo pay the amount in accordance with section 14-200 of Schedule 1 to the Taxation Administration Act 1953 (Cth). ‘The information must be provided within 5 business days of request by the purchaser. The vendor warrants thatthe Information the vendor provides is true and correct. 24.10. The purchaser Is responsible for any penalies or interest payable to the Commissioner on account of late payment ofthe amount (GST WITHHOLDING 25.4 Words and expressions defined or used in Subdivision 14-E of Schedule 1 tothe Taxation Administration Act 1953 (Cth) or In A Now Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning inthis general condition unless the Context requires otherwise. Words and expressions first used in his general condition and shown in alles and marked with ‘an asterisk are defined or described in atleast one of those Acts. 25.2. The purchaser must notify the vendor in writing of the name ofthe recipient ofthe “supply for the purposes of section 14- 255 of Schedule 1 to the Taxation Administration Act 1963 (Cth) at least 21 days before the due date for settlement unless the recipient isthe purchaser named in te contract. 25.3. The vendor must atleast 14 days before the due date for settlement provide the purchaser and any person nominated by the purchaser under general conditon 4 wity GST withholding naice in aocordance with secton 14-255 of Schedule 1 the Taxalion Administration Act 1953 (Cth), and must provide ail information required by the purchaser or any person so nominated to confirm te accuracy ofthe natce 25.4 The remaining provisions of this general condition 2 apply ifthe purchaser Is or may be required to pay the Commissioner ‘an ‘amount in accordance vith seotion 14-250 of Schedule 1 to the Taxation Administration Act 1953 (Cth) because the property is “new residential premise or “potential residental land in ether case fling within the parameters ofthat section, and also If the sale atracts the operation of section 14-255 of the legislation. Nothing inthis general condition 25 is to be Taken as relieving the vendor from compliance with section 14-255, 28.5 The amountis to be deducted from the vendor's entitiement tothe contract “consideration and is then taken tobe paid to {he vendor, whether or not the vendor provides the purchaser with a GST withnoiding notice in accordance wit section 14- 255 of Schedule 1 tothe Taxation Administration Act 1953 (Cth). The vendor must pay to the purchaser at setement such part of the amount as is represented by non-monetary consideration, 28:6 The purchaser must: (2) engage a legal practitioner or conveyancer representative") o conduct al the legal aspects of setlement, incuding the performance ofthe purchasers obligations under the legislation and this general condition; and (©) ensure thatthe representative does so, 28.7 The terms of the representative's engagement are taken to include Instructions to have regard to the vendor's interests telating fo the payment ofthe amount to the Commissioner and instructions that the representative must: (@) pay, or ensure payment of, the amount to the Commissioner in the manner required by tne Commissioner and as S00n a reasonably and practicably possible, from moneys under the contol or direction of the representative in ‘accordance with this general conditon on setiement of the sale of the propery; (©) promptly provide the vendor with evidence of payment, including any notification or other document provided by the purchaser tothe Commissioner relating to payment, and (©) otherwise comply, or ensure compliance, with this general condition; despite: (6) any contrary instructions, other than from both the purchaser and the vendor; and (©) any other provision in this contract othe contrary, 25.8 The ropresontatve Is taken to have complied with the roquiremants of general condition 26.7 if sronic lodgement network; and (@) settlements conducted through th (&) the amount is included in the settlement statement requiring payment to the Commissioner In respect of this transaction 25.9 The purchaser may at settement give the vendor a bank cheque forthe amount in accordance with section 16-30 (3) of Schedule 1 tothe Taxation Administration Act 1983 (Cth), But only if: (@) so agreed by the vendor in witing: and (©) the settementis not conducted through an electronic lodgement network. However, if the purchaser gives the bank cheque in accordance wit this general concton 28.9, the vendor must: (©) Immediately ater settlement provide the bank cheque tothe Commissioner to pay the amount reaton tothe supply and CONTRACT OF SALE OF LAND 7 ‘August 2019(€) give the purchaser a receipt for the bank cheque which identifies the ansaction and includes particulars ofthe bank cheque, at the same time the purchaser gives te vendor the bank cheque. 25.10. A party must provide the other party with such information as the other party requires to: (a) decide fan amount is required tobe pald or the quantum oft, or (©) comply with the purchasers obligato to pay the amount, in accordance with section 14-250 of Schedule t to the Taxation Administration Act 1953 (Cth). The information must be Provided within 5 business days ofa writen request. The party providing the information warrants that tis tue and corect. 28:11. The vendor warrans that: (2) atsettiement, the property is not new residential premises or potential residential land in either case falling within the paramaters of section 14-250 of Schedule 1 to the Taxation Administration Act 1953 (Cth ifthe vendor gives the purchaser a writen notice under section 14-255 to the effect that the purchaser will not be required to make 3 payment under section 14-250 in respec ofthe suppl, oF fal to give a written notice as required by ard within the time specified in section 14-255; and (0) the amount described ina written notice given by the vendor tothe purchaser under section 14-255 of Schedule to the Taxation Administration Act 1053 (Cth Is the correct amount required to be paid under section 14-250 of the legistaon, 28:12. The purchaser is responsible for any penalties or interest payable to the Commissioner on account of non-payment or late payment ofthe amount, excepto the extent that: (2) the penalties or interest arise from any allure on the part ofthe vendor, including breach of a warranty in general condition 25.11; of (b) the purchaser's reasonable belie that the property Is neither new residential premises nor potential residential land requiring the purchaser to pay an amaunt to the Commissioner in accordance with section 14-260 (1) of Schedule 1 to the Taxation Aaministration Act 1953 (Cth) ‘The vendor Is responsible for any penalties or interest payable tothe Commissioner on account of non-payment or late payment ofthe amount iether exception applies, Transactional 2. ‘TIME & CO OPERATION 26.1 Timels ofthe essence of this contract. 262 Timels extended untl the next business day ithe time fr performing any action falls on a day whichis not a business day. 263 Each party must do all things reasonably necessary to enable tis conract to proceed to settlement, and must actin a ‘prompt and officiont manner. 264 Any unfufiled obligation will not merge on settlement. SERVICE 27.1 Any document required to be served by of on any party may be served by or onthe legal practitioner or conveyancer for that party. 27.2 cooling off notice under section 31 ofthe Sale of Land Act 1962 or a notice under general contion 20 [loan approval 21 [oiling report oF 22 [pest report] may be served on the vendor's legal pracitaner, onveyancer or estate agent even if the estate agonts authony has formally expired atthe tme of service. 27.3 A documents sufficient served: (2) personaly; or (©) by pre-paid post or (©) _Inany manner authorised by law or by the Suprame Court for service of documents, including any manner ‘authorised for service on or by a legal practioner, whether or not the person serving or receiving the document i 3 legal practioner, or (6) by ema 27.4 Any document properly sent by (@) express posts taken to have beon served on the next business day after posting, unless proved otherwise; (b) priority post is taken to have been served on the fourth business day afte posting, unless proves otherwise; (6) regular posts taken to have been served on the sixth business day ater posting, unless proved otherwise; (©) emails takon to have been served atthe time of receipt within the meaning of section 13A ofthe Electronic Transactions (Victoria) Act 2000. 27.5 _Inthis contract ‘document includes ‘demand’ and ‘noi corresponding meanings. ‘serve’ inctudes ‘give’ and ‘served and ‘service’ have ‘CONTRACT OF SALE OF LAND 6 ‘August 201928. 20 at. 32. Notices 28.1 The vendor is responsible for any notice, order, comand or levy imposing lily on the property thats issued or made belore the day of fale, and does not relate to perodle outgoings. 282. The purchaser's responsible for any notice, order, demand or levy imposing labily on the property that is Issued or made on oratter the day of sale that does not relate to periodic outgoings. 283 The purchaser may enter the property to comply with that responsibilly where action Is required before settlement, INSPECTION ‘The purchaser and/or anther person authorised by the purchaser may inepect the property at any reasonable time duting the 7 days preceding and including the settiement day. TERMS CONTRACT 30.1 If this is @ 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 enti to Possession or to the receipt of rents and profs unless the vendor satsfies section 29M ofthe Sale of Land Act 11962; and (©) the depost and all other money payable under the contrac (other than any money payabla in excess ofthe amount required to so discharge the mortgage) must be pad to a logal practioner or conveyancer ora licensed estate agent to be applied In or towards scharging the morgage. 302 While any money remains owing each of the folowing applies: (@) the purchaser must maintain full damage and destruction insurance ofthe propery and public isk insurance noting al parties having an insurable intrest with an insurer approved in wailing by the vendor, (©) the purchaser must deliver copies ofthe signad insurance application forms, the policies and the insurance receipts to the Vendor nat less than 10 days before taking possession ofthe property or becoming ented to receipt of the rents and profits; (c) the purchaser must deliver copies of any amendments tothe polices and the insurance receipts on each ‘amendment or renewal as evidence of te status ofthe policies from time to time: (6) the vendor may pay any renewal premiums or take out the insurance Ifthe purchaser fals to meet these obligations; (e) Insurance costs pad by the vendor under paragraph (4) must be refunded by the purchaser on demand without affecting the vendor's other rights under this contract; (©) trepurchaser must maintain and operate the property In good repair (far wear and tear excepted) and keep the property safe, lawful, structurally soune, weatherproof and free from contaminations and dangerous substances; (@) the property must not be altered in any way without the written consent of the vendor which must not be ‘unreasonably rofused or delayed; (h) the purchaser must observe all obligations that atfect owners or occupiers of land; () tre vendor andior otner 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 ina year. LOSS OR DAMAGE BEFORE SETTLEMENT 31.1. The vendor caries the risk of loss or damage tothe property untlsetlement. 31.2. The vendor must deliver the property to the purchaser at settlement inthe same condition it was in on the day of sale, ‘except for fair wear and tear 31.3. The purchaser must not delay settlement because one or more of the goods is notin the condition required by general consdion 31.2, but may claim compersation from the vendor after setiement. 31.4 The purchaser may nominate an amount not exceeding $5,000 toe held by a stakeholder to be appointed by the partes if the property isnot in the condion required by general condition 31.2 at setdement. 31.5 The nominated amount may be deducted from the amount due tothe vendor at setlament and pald tothe stakeholder, but only i the purchaser also pays an amount equal to the nominated amount to the stakeholder. 31.6 The stakeholder must pay the amounts referred to in general conition 31.5 in accordance withthe determination of the isput, including any order for payment ofthe costs af the resolution of tie dispute. BREACH A party who breaches this contract must pay tothe other party on demand: (2) compensation for any reasonably foreseeable loss tothe other party resulting from the breach; and (©) anyinterest due under this contract as a result of the breach. CONTRACT OF SALE OF LAND 19 ‘August 2019,Default 33. INTEREST Interest at rate of2% per annum plus the rte forthe time being fixed by section 2 ofthe Penaly Interest Rates Act 1980 s payable at settlement on any money owing under the contact during the period of defaut, without affecting any other rights of the offended pary. ‘34, DEFAULT NOTICE 34.1 Aparty isnot entitled to exercise any rights arising from the other party's default, oer than the ight to receive interest and ‘te right to sue for money owing, unl tne other party fs glven and fais to comply with written default aotice. 342 The default notice must: (2) speaty the particulars ofthe default and (0) slate that tis the offended party's intention to exercise the rights arising from the default unless, within 14 days of the notice being given- () the defautis remedied: and (@) the reasonable costs incurred 2s a result of the default and any interest payable ae paid 35, DEFAULT NOT REMEDIED 38.1. Al unpald money under the contract becomes immediately payable othe vendor i the defauit has been made by the purchaser and is not remedied and the costs and interest are not paid. 36.2 The contractimmodiately ends if (2) the default notice also state that unless the defaults remodied and the reasonable costs and interest are pala, the contract willbe ended in accordance with this general conditon; and (©) the detaut isnot remedied end the reasonable costs and interest are not pad by tho end ofthe period of the default natce. 36.3 the contract ends by a default notice given by the purchaser: (8) the purchaser must be repaid ary money paid under the contract and be pald any interest and reasonable costs payable under the contract and (©) _allthose amounts are charge on the land uni payment; and (©) the purchaser may also recover any loss otherwise recoverable. 35.4 Ifthe contract ends by a detauit notice given by the vendor: (8) the deposit up to 10% ofthe price is forfeited to the vendor as the vendor's absolute property, whether the deposit has been paid or not, and (©) the vendor is entitled to possession ofthe property; and (©) in addition to any other remedy, the vertor may within one year ofthe contract ending ether: {retain the property and sue for damages for breach of contract or (i) reset the propery In any manner and recover any deficlancy In the price on the resale and any resulting ‘expenses by way ofiquidated damages; and (@) the vendor may retain any pat ofthe price paid unl the vendor's damages have been determined and may apply ‘hat money towards those damages; and (©) any determination ofthe vendors damages must take Into account the amount forfeited tothe vendor. 35.5 The ending ofthe contract does not affect the rights ofthe offended party as a consequence of the default ‘CONTRACT OF SALE OF LAND 20 August 2019Vendor Statement The vendor makes this statement in respect of the land in accordance with section 32 of the Sale of Land Act 1962. 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 3 Kefford Court, Mont Albert North 3129 Vendor's name | a Dillon Date Vendor's signature Purchaser's Date name i Purchaser's signature Purchaser's Date name Vt Purchaser's signature 1 ‘September 2018FINANCIAL MATTERS 1.1 Particulars of any Rates, Taxes, Charges or Other Similar Outgoings (and any interest on them) (@) Are contained in the attached certificates. i Wy Act to-secure-an-amount due ‘under that Act, including the amount oving-uader-the-charge = Je f= (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 coniract and before the purchaser is entiled to a conveyance or transfer of the land. Not Applicable 1.4. Sale Subject to Mortgage This section 1.4 only applies ifthis vendor statement isin 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 INSURANCE 24 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 atthe 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 1378 of the Building Act 1993 applies to the residence. Not Applicable. LAND USE 3.1 Easements, Covenants or Other Similar Restrictions (a) A description of any easement, covenant or other similar restriction affecting the land (whether registered or Unregistered): = Isin the attached copies of ttle documents. (b) Particulars of any existing failure to comply with that easement, covenant or other similar restriction are: To the best of the vendors knowledge there is no existing failure to comply with the terms of any easement, covenant or othor similar restriction. 3.2. Road Access There is NO access to the property by road ifthe square box is marked with at a 3.3. Designated Bushfire Prone Area The land isin a designated bushfire prone area under section 192A of the Building Act 1993 if a the square box is marked with an "X’ 2 September 20183.4. Planning Scheme Attached is a certificate with the required specified information. NOTICES 4.4. Notice, Order, Declaration, Report or Recommendation Particulars of any notice, order, dectaration, report or recommendation of a public authority or government department or approved proposal directly and currently affecting the land, being a notice, order, deciaration, report, recommendation or approved proposal of which the vendor might reasonably be expected to have knowledge: Not Applicable. 42, Agricultural Chemicals ‘There are NO notices, property management plans, reports or orders in respect ofthe land issued by a govemment department or public authority in relation to livestock disease or contamination by agricultural chemicals affecting ‘the ongoing use of the land for agricultural purposes. However, if this is not the case, the details of any such notices, property management plans, reports or orders, are as follows: Not to the Vendor's Knowledge 4.3. Compulsory Acquisition The particulars of any notices of intention to acquire that have been served under section 6 of the Land Acquisition and Compensation Act 1986 are as follows: Not to the Vendor's Knowledge BUILDING PERMITS Particulars of any building permit issued under the Building Act 1993 in the preceding 7 years (required only where there is @ residence on the land): Not Applicable, OWNERS CORPORATION ‘This section 6 only applies If the land is affected by an owners corporation within the meaning of the Owners Corporations Act 2006. Not Applicable. GROWTH AREAS INFRASTRUCTURE CONTRIBUTION (“GAIC”) Not Applicable. SERVICES ‘The services which are marked with an X in the accompanying square box are NOT connected to the land: Electricity supply 0 | Gas supply 0 Water supply C3 Sewerage 0 —_| Telephone services &2 TITLE ‘Attached are copies of the following documents: 9.1 (a) Registered Title ‘Register Search Statement and the document, or part of a document, referred to as the ‘diagram location’ in that statement which identifies the land and its location. 3 ‘September 201810 ait 12 13 SUBDIVISION 10.1.Unregistered Subdivision ‘This section 10.1 only applies if the land is subject to a subdivision which is not registered. Not Applicable. 10.2. Staged Subdivision This section 10.2 only applies i the land is part of a staged subdivision within the moaning of section 37 of the ‘Subdivision Act 1988. Not Applicable. 10.3. Further Plan of Subdivision ‘This section 10.3 only applies ifthe 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. DISCLOSURE OF ENERGY INFORMATION Not Applicable. DUE DILIGENCE CHECKLIST @ Attach Due Diligence Checklist (this will be attached if ticked) ATTACHMENTS: Register Search Statement Volume 8440 Folio 008, Plan of Subdivision LP60106 Property Roport Planning Property Report Whitehorse Gity Council Land Information Certificate Yarra Valloy Water Certificate Property Clearance Certificate VicRoads Property Certificate Whitehorse City Council Building Regulations 51 (1) Whitehorse City Council Building Regulations 51 (2) Due Diligence Checklist 4 September 2018REGISTER SEARCH STATEMENT (Title Search) Transfer of Page tot Land Act 1958 VOLUME 08440 FOLIO 008 Security no : 1241067417700 Produced 03/06/2023 09:01 AM LAND DESCRIPTION Lot _8 on Plan of Subdivision 060105 PARENT TITLE Volume 08265 Folio 57 Created by instrument LP060106 07/10/1963 REGISTERED PROPRIETOR Estate Fee Simple Sole Proprietor TA DILLON of 3 KEFFORD COURT BOX HILL NORTH 3129 ua932381 25/07/1997 ENCUMBRANCES, CAVEATS AND NOTICES MORTGAGE Mm4ei232P 19/09/1986 THE COMMISSIONERS OF THE STATE BANK OP VICTORIA 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 or imaged folio set out under DIAGRAM LOCATION below. DIAGRAM LOCATION SEE LP060106 FOR FURTHER DETAILS AND BOUNDARIES ACTIVITY IN THE LAST 125 DAYS NIL END OF REGISTER SEARCH STATEMENT- Additional informatio (not part of the Register Search statement) Street Address: 3 KEPFORD COURT MONT ALBERT NORTH VIC 3129 ADMINISTRATIVE NOTICES NIL CT Control 15940N COMMONWEALTH BANK OF AUSTRALIA Effective from 22/10/2016 DOCUMENT END ‘SPOT PaSTSTDota yLANOATAS, reap 10625230022 Pape 2 LP60106 PLAN OF SUBDIVISION OF eA3 PART OF ELGAR'S CROWN SPECIAL SURVEY PARISH OF NUNAWADING COLOUR CONVERSION COUNTY OF BOURKE Et =~ BLUE Fit 2 akon VoL.6265 FOL.S77 Measurements arv In Feet & Inches ‘APPROPRIATIONS. ‘Conversion Factor FEET X09048 = METRES. Land coloured blve is set port for drainage, sveraze on! $08 supply purposes and 1 ox fet mie ‘HE uno cotouren aRowy Bhommorniared ox ser ‘APART rom EnSEMENTS OF From: SerMoun ROAD picuwonances RABANE AVENUE Fro HE ann CR OURED ROHN Ghz i964 PGE OT! eres eat ! | { ee _ itech tga ALLISON ROAD & | 8 | F i | uw we ; Z £ 5 4 a i; a =p & & | b Rk 5 2 2 \ Sm aoe “ . al re mh a a ee 5 STRABANE Avenue :‘Detved byLANDATAB, tnesump C06zt23 822 Papel? MATION TABLE PLAN NUMBER LP 60106 |WARNING: THE IMAGE OF THIS DOCUMENT OF THE REGISTER HAS BEEN DIGITALLY AMENDED. INO FURTHER AMENDMENTS ARE TO BE MADE TO THE ORIGINAL DOCUMENT OF THE REGISTER, LaNDPARcEL. IDENTIFIER MODIACATION peauNG | gare |eDMON| ‘CREATED. NUMBER Inuwae| AFFECTED LANDIPARCEL EASEMENTS ENHANCEDPROPERTY REPORT Yow eotemes PROPERTY DETAILS Address: ‘3 KEFFORD COURT MONT ALBERT NORTH 3129 Lotand Pian Number: Lot sLP6o10s Standard Parcelidentifer (SP; \LP6O106 Local Government Avec (Council; WHITEHORSE vemwuhtehorsevieaavou Council Property Number 218826 Directory Reference: Metway 47 86 SITE DIMENSIONS -Aleimensions and oreas are apevoxmate, They may not agree wth these shown onl pon. Fortis property ste boundries — Roos fronazer Dimensions er individu! paces require osenarte search, but crresions forindvcl ints ore general nok ovotobe Caletting the ora trom the dimensions shown may ve acorn vue to the area shown above Formore accurate dimensions get cony a olan tard Prose, uTiuTies STATE ELECTORATES Rural Water Corporation: Southern Rural Water Legislative Council NORTH-EASTERN METROPOLITAN Melbourne Water Retciler’ Varra Valley Water Legisiotive Assembly: BOXMILL Melbourne Water: Inside drainage boundary Power Distributor: UNITED ENERGY PLANNING INFORMATION, Property Planning details have been removed from the Property Reports to address duplication with the Planning Property Reports which are DELWP's authoritative source for all Property Planning information The Planning Property Repor for this property can found here ~ Blannina Property Report Planning Property Reports can be found via these two links Viepton hitos//mapshareviccovawvicoian’, Property and parcel search hitos/iyww/land vic anv auloronerty-and-oorcel-searchPLANNING PROPERTY REPORT Fou Enguant PROPERTY DETAILS Adress: ‘3 KEFFORD COURT MONT ALBERT NORTH 3129 Lotond Plan Number: Lot sLPsoios Stondord Porcelidertifier (SPI: @\LP6O106 Lecal Government Area (Council: WHITEHORSE em ulvtehorsn sie any 4 Council Property Number: iee26 Plonning Scheme: Whitehorse ‘Plonnina Schame = Wntehorse Directory Reference: Molway 47 86 UTILITIES. STATE ELECTORATES Rurol Woter Corporotion’ Southern Rural Water Legislative Counc NORTH-EASTERN METROPOLITAN Melbourne Woter Retoiler’ Yarra Valley Water Legislotive Assombly: BOX HILL Melbourne Water: Inside drainage boundary Power Distributor: UNITED ENERGY OTHER Registered Aboriginal Party: Wurundjeri Wot Wurrung Cultural Heritage Aboriginal Corporation EnePLANNING PROPERTY REPORT Fou ssuPCANT LANDsen0e over Av (S10) Gin Ed Pranning scheme date last updated on B June 2028, planning scheme sets out policies and requirements for the use, development and ‘This report provides information about the zone and overlay provisions that appiy to the selected and Information about the State and local policy, particular, general end operational provisions of the local planning scheme 1at may affect the use of this land con be obtained by contacting the local coun or by visting httas Ayu planning vic ov This report Is NOT © Planning Certificate issued pursuant to Section 199 of the Planning and Environment Act 1987, Iedoes not include information cbout exhibited planning scheme amendments, or zonings that may abut the land To obtain a Plenning Certificate go to Titles and Property Certificates at Londata ~ ttn /wwelondota vic gov. rotection of land, For details of surrounding properties, use this service to got the Reports for properties of interest To view planning zones, averlay and heritage information in an interactive format vis bis//mapshorem: i ion about plonning in Vi ro Visit bites vn planning vie govPLANNING PROPERTY REPORT Fim estore. ‘No specal bushfire construction reauirement apply Planing provslns may appl. hore pot af te property mapped a8 PA, no part a the bulking erveloe or fotaint fal win the BPA oea the BPA construction reauremen sont cpp aignted Buhtve Pron esos [ling Code o australia, agp vse protection standards for eutaina woes designated BPR Designated BPA mana can be viewed an VicSon ot hissing are isu anor athe rlavont local council Infecmation ert canes buldng inthe As ovolobe ot ntpelAmniamingsle seve frineLimvaa gous Copies of te Bling At ond Bulcing Regulates are valle rm ite vale naan For Morning Scheme Prove n bushfire orece wel fitns/Ammuslanspas deca, No [Notive plonts that are indigenous tothe region and important far biodiversity might be present on this property This could Include trees, shrubs, herbs, grasses or aquatic plants. There ore a range of regulations that may apoly including need to ‘rne. For more information see Notive Vegatation (Clause obtain @ planning permit under Clouse 5217 of the local penning S21) wth local variations in Nate Vegetation (Clouse $217) Schedule ‘Tohelp identify native vegetation on this property and the applicotion of Clouse 52:7 please vist the Native Vegetation Information Management systern httos//avim delwo vie qqvau/ ond Native vegetction (environment viccoveuor please contact your relevant council You can find out more about the natural values on your property through Noturekit Maburekit (environment vic aovau)Whitehorse City Council 379-399 Whitehorse Road Nunawading VIC 3131 Telephone: (03) 9262 6333, Fax: (03) 9262 6490 NRS: 133.677, Tis: 131 450 customer service@whitehorse.vic.gov.au www.whitehorse.vic.gov.au Locked Bag 2 Nunawading VIC 3131 WHITEHORSE CITY COUNCIL ABN: 39549568822 LAND INFORMATION CERTIFICATE Local Government Act 1989 - Section 229 Certificate Number: 5765 Date of Issue: 9 June 2023 Applicant's Reference: 69173278-014-0:49462 This Certificate provides information regarding valuation, rates, charges, fie services property levy, other moneys owing and any orders and notices made under the Local Government Act 1958, the Local Government Act 1988, the ire Services Property Levy Act 2012 of under a local law or by-law ofthe Council ‘This Certificate is not required to include information regarding planning, building, health, land fil, land slip, flooding information oF service easements. Information regarding these matters may be availabe from the Counel or the relevant authority. fee may be charged for such information ‘Assessment Number: 52277 LOT LP 60106 ECS. 3 Kefford Court, MONT ALBERT NORTH VIC 3129 ‘Check Di Property Description: Property Address: ‘The Council uses Capital Improved Value (CIV) for rating purposes. The current level of values date is 2 January 2022 and the date on hich the valuation became operative fr rating purposes for this property is O1-Ju+-2022 Site Value: Capital Improved Value: Net Annual Value: RATES AND CHARGES LEVIED FOR THE PERIOD 1 JULY 2022 TO 30 JUNE 2023 DECLARED BY COUNCIL 27 JUNE 2022 FIRE SERVICES PROPERTY LEVY (FSPL) RAISED FOR THE PERIOD 1 JULY 2022 TO 30 JUNE 2023 ‘General Rates| 2,145.15 FSPL Fixed Charge 117.00 FSPL Variable Rate 73.90 TOTAL CURRENT LEVIED. $2,336.05 OTHER CHARGES. ‘Arrears Interest Legal Costs (Other Charges TOTAL ‘TOTAL AMOUNT OUTSTANDING 0.00) 0.00) 0.00) 0.00 $0.00 $0.00 FOR PAYMENT INFORMATION SEE BACK PAGE BELOW SIGNATURENoTe: Section 175 Local Government Act 1989 and Section 32 Fire Services Property Levy Act 2012 {A person who becomes the owner of rateable or leviable land must pay any rate, charge or levy on the land which is, current; and any arrears of rates, charges or levies (including interest on those rates, charges or levies) on the land which are due and payable. Ifa Council has obtained an award for legal costs in relation to any rate or charge owing by the previous owner of the rateable or the leviable land, the above section applies to the amount of legal costs remaining unpaid as if the legal costs were arrears of rates, charges or levies. If the previous owner of the rateable or leviable land had been paying any rate, charge or levy by instalments at the time the ownership of the land changed, the person who becomes the owner of the land may continue the payment of that rate, charge or levy by instalments. The person who becomes the owner of rateable land may also pay a rate or charge by instalments if the previous ‘owner could have paid it by instalments and the person becomes the owner of the land before the date the first instalment falls due. The person who becomes the owner of leviable land may also pay a levy amount by instalments. In all other cases, the person who becomes the owner of rateable or leviable land must pay any amount due by the date it was due to have been paid by the previous owner of the land; or if that date has already passed, immediately after the person becomes the owner of the land (in the case of rates and charges under the Local Gavernment Act 1989), or within 14 days from the date the person becornes the owner of the land (in the case of levies under the Fire Services Property Levy Act 2012). For the 2022/2023 rating year, due dates for instalments are 30 Septemiber 2022, 30 November 2022, 28 February 2023 and 31 May 2023. Due date for lump sum payment is 15 February 2023. Notices, Orders, Sub nal Matters and Other Outstanding and/or Potential Liability Matters ‘A. There are no monies owed for works under the Local Government Act 1958, B. There is no potential liability for rates under the Cultural and Recreational Lands Act 1963. C. There is no potential liability for land to become rateable under sections 173 or 174A of the Local Government Act 1989. D. There are no outstanding monies required to be paid for recreational purposes or any transfer of land to the Council for recreational purposes under section 18 of the Subdivision Act 1988 or the Local Government Act 1958. E. There are no monies owed under Section 227 of the Local Government Act 1989. F. There are no notices or orders on the land which has continuing application under the Local Government Act 11958, the Local Government Act 1989 or under a local law of the Council. G. At the time of writing there are no monies owed in relation to the land under section 94(5) of the Electricity Industry Act 2000, H. At the time of writing there are no environmental upgrade charges in relation to the land which is owed under section 181€ of the Local Government Act 1989, ‘There is other information under section 229(3) of the Local Government Act 1989 (other than as set out on page 3 under “Comments” (if any) and this additional information is as follows):Additional information Notwithstanding that, pursuant to a written request previously received from the owner of the property, for Council to send its rates and charges notices for payment to a person other than the owner (in this case, according to Council's records, the occupier of the property, as the tenant of the property), the owner of the property is reminded that ~ ‘© the owner of the property is, and remains liable to pay the rates and charges on the property, including interest, should the occupier not pay the rates and charges (or any instalment) by thelr due date, or at all; ‘© _alldeclared rates and charges in relation to the property which are unpaid and any unpaid interest on such rates or charges and any costs awarded to Council by a court or in any proceedings in relation to such rates or charges or interest are a first charge on the property; and ‘© unless Council decides otherwise, no waiver or deferral of rates and charges will be given merely because the ‘owner of the property is unable to recover rates and charges from the tenant, or f the property Is, or becomes, vacant, or ifthe property is, or becomes, subject to the grant by the owner ofa rental discount or other reduction. To determine if there are any outstanding building notices or orders on the property, an application can be made for a Building Property Information Request, which provides information on the status of building works. Visi hetps://www.whitehorse.vic.gov.au/planning-bullding/lodge-and-apply or call 9262 6421 for more information. In accordance with the section 2 of the Penalty interest Rates Act 1983, interest will continue to accrue on any overdue rates, charges or levies at the prescribed rate of 10 per cent per annum until pai in full. I hereby certify that, as atthe issue date of this Certificate the information supplied is true and correct for the property described in this Certificate This Certificate is valid for 120 days from the date of issue. Council may be prepared to provide up to date verbal information to the applicant about matters disclosed in this Certificate. No liability will be accepted for verbal updates given or for any changes that occur after the Issue date. ‘COMMENTS: ‘Authorised Officer: If the subject property is a recent subdivision, please contact Council's Rates Department on 9262 6292 to ascertain If an Updated reference number is required for BPAY payment. Payment of rates and charges outstanding can be made by: ‘© Bpay~ Biller Code: 18325 Reference Number: 0000522771 ‘* On Council's website at: http://www whitehorse.vic gov.au/Online-Payment: html When transfer of property is setted please email the Notice of Acquisition to customer.service@whitehorsevie.gov.ay or send to Locked Bag 2, Nunawading DC VIC 3131. Other forms of notification at ths stage are unable to be accepted.Yarra Valley Water ‘th dune 2023, McDonald Slater & Lay Cl InfoTrack (LEAP) Cl- LAN LANDATA Dear McDonald Slater & Lay C/- InfoTrack (LEAP) Cl- LAN, RE: Application for Water Information Statement YARRA VALLEY WATER Mieban Vator 332 Private Bop cha vera 22 oxtaane (osasr2 asa € eosin Property Address: 3 KEFFORD COURT MONT ALBERT NORTH 3129 | Applicant ‘McDonald Slater & Lay Cl InfoTrack (LEAP) Cl- LAN LANDATA Information Statement | 30773001 Conveyancing Account | 7959580000 7 Number Your Reference 3985, ‘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: > Yarra Valley Water Property Information Statement > Melbourne Water Property Information Statement > Asset Plan > Rates Certificate Ifyou have any questions about Yarra Valley Water information provided, please phone us on 1300 304 688 or email us atthe address enquiry@yww.com.au. For further information you can also refer to the Yarra Valley Water website at www yww.com.au. Yours sincerely, Pannod Steve Lennox GENERAL MANAGER RETAIL SERVICES 407% Yarra ue Valley / Water kam roe 2 Privat Expt Wich iti 182 £ snqueryezomau [Property Address | 3 KEFFORD COURT MONT ALBERT NORTH 3129 STATEMENT UNDER SECTION 158 WATER ACT 1989 ‘THE FOLLOWING INFORMATION RELATES 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: 4. The erection andior placement of any building, wal, bridge, fence, embankment, filing, ‘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. 2087vara apgnugrwme Watet ser Water ho et 2 Private Bagh itch Wt 132 x920% F coeur a Eerqeiy@ymsonsy me Water Prc ns Property Address —_| 3 KEFFORD COURT MONT ALBERT NORTH 3129 ‘STATEMENT UNDER SECTION 158 WATER ACT 1989, ‘THE FOLLOWING INFORMATION RELATES 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 probabilty of occurrence of 1% in any one year. Please note: Unless prior consent has been obtained, the Water Act prohibits: 1. The erection andlor placement of any building, wall, bridge, fence, embankment, fling, 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 Melbourie Water on 9679 7517. of| a Sree ave Se ‘ |Address [3 KEFFORD COURT MONT ALBERT NORTH 3129 Varra Information Statement valley Number: 30773001 A ater ABN 93 056 902 501 feces PortNunber cuvzaa MeVBanone Care Bi Tea tot as toe et waran e car contest @] wee tere sag io on — Doe tcp ony Ky res age cf any ote soe eae eect oro pesos jing on i rom PReconnoncs elt ner eons sg is eomaten mak a own st vests are econmfale hi wks secon,% Yarra " Valley a Water a ox McDonald Slater & Lay C/- InfoTrack (LEAP) C/- LAN LANDATA cettificates@landata.vic.gov.au RATES CERTIFICATE Account No: 1155820000 Date of Issue: 09/06/2023 Rate Certificate No: 30773001 Your Ref: 3985 With reference to your request for details regarding: Property Address Lot&Plan [Property Number Property Type 3 KEFFORD CT, MONT ALBERT NORTH VIC 3129) BILP60106, 1173902 Residential [Agreement Type Period Charges [Outstanding Residential Water Service Charge 01-04-2023 to 30-06-2023 $19.70 $19.70 Residential Water Usage Charge (01-02-2023 to 04-05-2023 | $56.24 $356.24 ‘Step 1 ~ 23.000000KL x $2.44510000= $56.24 | Estimated Average Daily Usage $0.61 | Residential Sewer Service Charge (07-04-2028 to 30-06-2028 | _ $112.45 11245) Residential Sewer Usage Charge (01-02-2023 to 04-05-2023 | __$17.41 S71 *23.000000KL x 0.728713 = 16.760996 x 0.900000 = 15.084356 x $1.15400000 = $17.41 Estimated Average Dally Usage $0.19 Parks Fee (07-07-2022 to 30-06-2023 | $87.60 $0.00 Drainage Fee (01-04-2023 to 30-06-2023 | _$27.34 $27.34 Other Charges: interest No interest applicable at this time No further charges applicable to this property Balance Brought Forward] Total for This Property Total Duc W arneyd GENERAL MANAGER RETAIL SERVICES Note: 1. Invoices generated with Residential Water Usage during the period 01/07/2017 - 30/09/2017 will include a Government Water Rebate of $100. 2. This statement details all tariffs, charges and penalties due and payable to Yarra Valley Water as atthe date of this statement and also includes tarfs and charges (other than for usage charges yet tobe billed) which are due and payable tothe end of the current financial quarter. 3. All outstanding debts are due to be paid to Yarra Valley Water at settement. Any debts that are unpaid at 507settlement will cary over onto the purchaser’ fist quarterly account and follow normal credit and collection activities - pursuant to section 275 of the Water Act 1989. 4 ifthe total due displays a (-$ cr), this means the account sin credit. Credit amounts willbe transferred to the purchasers account at settlement, 5. Yara Valley Water provides information in this Rates Certficate 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. 6. The charges on ths rates certificate are calculated and valid atthe date of issue, To obtain up to date financial information, please order a Rates Settlement Statement prior to settlement. 7. From 01/10/2022, Residential Water Usage is billed using the following step pricing system: 244.61 cents per kiloltre fr the frst 44 kiloltres; 312.53 cents per kiloire for 44-88 kiloltres and 463,00 cents per kilolre for anything more than 88 killtres 8, From 01/07/2022, Residential Recycled Water Usage is billed 184.89 cents per kiloltre 9, From 01/07/2022, Residential Sewage Disposal is calculated using the following equation: Water Usage (kl) x Seasonal Factor x Discharge Factor x Price (cents/k) 115.40 cents per killtre 410, From 01/07/2022, Residential Recycled Sewage Disposal is calculated using the folowing equation: Recycled Water Usage (kl) x Seasonal Factor x Discharge Factor x Price (cents/k) 115.40 cents per kiolire 14. The property is a serviced property with respect to all the services, for which charges are listed in the Statement of Fees above 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. Gof?& Yarra Valley Water Property No: 1173902 Address: KEFFORD CT, MONT ALBERT NORTH VIC 3129 Water Information Statement Number: 30773001 Biller Code: 314567 Ref: 11556200008 ALLEY WATER Amount Paid Paid Receipt Number | Tet?Property Clearance Certificate Taxation Administration Act 1997 ana GET INFOTRACK/ MCDONALD SLATER & LAY est nic 27S) Certiteate No: ese4sot7 tssue Da 09 JUN 202 Enquiries ESYSPROD Land Address: 9 KEFFORD COURT MONT ALBERT NORTH VIC 9129 Land ta Lot Plan Volume allo Tax Payable 12804095 8 60106 e440 a $000 vendor: IADILLON Purchaser: FOR INFORMATION PURPOSES Curent Land Tax Yeor Taxable Value Proportional Tax Penaltyntrest Total NNR BRIAN FRANCIS DILLON 2023 «$1.218000 $000 $000 0.00 Comments: Property exempt: LTX Principal Place of Rsk Current Vacant Residential Land Tax Year Taxable Value Proportional Tax _Penalynerest Tota Comments: Arrears of Land Tax Yoor Proportional Tax. Ponaltyinrest Tota This cofcaleissujectio he nots that appear onthe reverse The appiicant should rea these notes caret Za, CAPITAL IMP VALUE: $1,395,000 Oxf Smeg SITE VALUE 31,315,000 Paul Broderick Commissioner of State Revenue AROUNTIEAYASLE! 90.00 ION 7675 195381 | 509001 Qvaly Cove ——___ : ‘ORIA srowie.gov.au | Phare 1221 61 | GPO Box 1681 Mulboure Vitor 300% Austin ie SetSemeneNotes to Certificates Under Section 95AA of the Taxation Administration Act 1997 Certificate No: 65646017 Power to lesue Certificate 4 The Commissioner of Stale Revenue can issue a Property Clearance Cerfcate(Certiicat} to an owner, morigagoe or bona fde purchaser of and who makes an application specifying he land fr ‘which te Corticato Is sought and pays the appicaion fo, Amount shown on Certificate 2. The Cerfcale shows any land tax including Vacant Residential, Land Tax, interest an ponalty tax hats due and unpaid onthe land deserbed in the Cortfcato at the dato of lsu, In alton, it may show: “Land ta that has been assessed butis not yot due, = Land tx fore curent ax year that has not yet been assensed, and “Any ofr information thatthe Commissioner 800s itt includ suchas te amount ofland ax applicable to he land on a sing. holding basis and other debis wit respect othe property payable {othe Commissioner. Land taxis fst charge on land 3. Unpalé land tax including Vacant Residontial Land Tax, intorestand penalty tx) sa first charg on the land to which itrelates. This ‘neans thas proty aver any olher encumbrances on the land, such ‘a8 a morgage, and wil conthue a8 a charge even i onnership of the land le ancferred. Therefore, a purchaser may bacore Hable for any such unpald land ax. Information forthe purchaser 4. Ifa purchaser ofthe land deseibed in tre Certificate has epplied for and oblaned a Corfcate, tie amount recoverabie fom he purchaser cannot exceed th ‘amount payable’ shown. A purchasor annotrely ona Cerificate obtained by the vendor Information forthe vendor 5. Desplo the issue ofa Certicae, te Commissioner may recover ‘land tx abily fora vensor,ncuding ary amount ientiied on his Certfcate General information 6. ACertifcate showing no lial forthe land does not mean that {hs land's exempt Rem land tx. means that there s nothing 1 pay al he dale of te Certicato. 7. An updated Certificate may be requestod Fae of charge via our ‘website, “The requestis within 80 days of to orignal Certiicate's issue dato, and "There [sno change fo the parties involved in he wansaction forwnich he Certheate was originally roquestod For Information Only LAND TAX CALCULATION BASED ON SINGLE OWNERSHIP Land Tax = $5,495.00 Taxable Value = $1,318,000 Calculated as $2,975 plus ($1,318,000 - $1,000,000) ‘multiplied by 0.800 cents. Property Clearance Certificate - Payment Options T Biller Code:5249 ig (eres eo Rot, 656460°7 ‘Telephone & Intemet Banking -BPAY® | | Visa or Mastercard Contact your bank or financial insttuton 4 make his payment rom your cheque, savings, debitor vansacion fccount. wor. bpay.com.au Pay via ourwabsite or phone 13.21 61 ‘Acard paymentee applies, sro.vie.gov.sulpaylandtax Property Clearance Certificato updates ae avaliable a so.vie.gov.sulcertiicatesNQvicroads ‘~~ Dotvered bythe LANOATA® Syston, Oepartnet of nvonment, Land, Water & ling “** ROADS PROPERTY CERTIFICATE ‘The search results are as follows: Mcbonald Slater & Lay C/- InfoTrack (LEAP) 135 King St sypNEY 2000 AUSTRALIA Client Reference: 3985 NO PROPOSALS. As at the 9th June 2023, 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® 3_KEFFORD COURT, MONT ALBERT NORTH 3129 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: sth gune 2023 Telephone enquiries regarding content of certificate: 13 11 71 [Vicroads Certificate] # 69173278 - 69173278090102 '3985' VRS FageT aTWhitehorse City Council Telephone: (03) 9262 6333 379-399 Whitehorse Road Fax: (03) 9262 6490 Nunawading VIC 3131 NRS: 133 677 Locked Bag 2 Nunawading VIC 3131 TIS: 131 450, customerservice@whitehorse.vie.gou.2u pel ABN: 39549568822 wwaw.whitehorse.vic. gov.au Date of Issue: 9 June 2023 Applicant Reference: 6918077 1-016-4:49490 EI ea Pursuant to Regulation 51 (1) of the Building Regulations 2018 Property Description: LOT 8 LP 60106 ECSS Property Address: 3 Kefford Court, MONT ALBERT NORTH VIC 3129 ‘We refer to your request for building permit particulars regarding the above property and advise of details of any building permit or certificate of final inspection issued in the preceding ten years: Council has no record of any Building Permits being issued on this property in the past 10 years. ‘There are no outstanding notices or orders pursuant to Building Act 1993 regarding this property Issued by Whitehorse City Council Building Department - Ph: 8262 6421 Important Information The details fisted on this certificate are consistent with the property address as stated on the application. Should the property historically be known as a diferent address then such information may nat be inelided In this cortieate ‘This cortiteate does not detall amendment or variation dates to Bulcing Permits Detais of partial Occupancy Permits or partial Certcates of Final inspection may vary fom dates shown on this cetiicate. Despite whether @ Building Permit is required oF not there isan obligation for all building wotks to be structurally sound and comply wih he sting regutions. Consequently tere may be buling work on the property thal Counc has no record or knowledge ck ‘SAFETY OF exssne Swiaung PooLs ‘Allexstng swimming pools and spas are required to compl withthe minimum stand ofthe Bulsing Regulatons 2018, ‘Any person who takes possession of a property without safely bares fr @ 9pa or swimming pool Is immediatly responsible for ‘compliance with te law and Hable to prosacuton ‘Swimming pools must be registered with Councl under the Bulling Regulatons, please register swimming pools onine at ir hitehorse ve. gov aufpoos-end-spas, ‘SMOKE ALARNS. (nmers or purchasers of residential properties are to ensure that smoke alarms exist or ara required to install smoke alarms, in accordance withthe Building Regulations 2018, Page 1 of 1Whitehorse City Council Telephone: (03) 9262 6333 379-399 Whitehorse Road Fax: (03) 9262 6490 Nunawading VIC 3131 RS: 133 677 Locked Bag 2 Nunawading VIC 3131 TIS: 131 450 customerservice@whitehorse.vic gowau oeueae ABN: 39549568822 www.whitehorse.vic.gov.au Date of Issue: 9 June 2023 Applicant Reference: 69180771-017-1:49491 UN exe UT NTTY Pursuant to Regulation 61 (2) of the Building Regulations 2018 Property Descript Property Address: 3 Kefford Gourt, MONT ALBERT NORTH VIC_3129 Reportable Information Regulation | Applicable Is the land likely to be subject to attack by termites? 150 Yes Is the land subject to significant snowfalls? 182 No Is the land liable to flooding within the meaning of regulation 5(2)? 153 No Is the land designated landhworks? 184 No ‘The Whitehorse Planning Scheme has specified a minimum bushfire attack level (BAL) within areas of the municipality. Is the land identified 186 No by the Planning Scheme? Please Noto: ‘This certificate does not specify bushfire prone areas not specified under the Planning Scheme. For the purposes of Section 192A ofthe Bulding Act 1993, the relevant Building Surveyor isto vert ifthe Minister has designated the land 2s being ina bushfire prone area, Please vist hits:/imapshare vie gov.auNvcplan’ for mare information Notes regarding flood levels: Ifthe above indicates that the allotment is lable to flooding or is designated land under Building Regulation 163 andlor 164, then an application to Councils Engineering Department for Report and Consent is required If flood level is determined by Melbourne Water (Regulation 154), you wil need to obtain property flood level information Via one of Melbourne Water's authorised agents, This food level is required to be submitied as part of the Report & Consent procedure with Counci's Engineering Department. Please contact Melbourne Water on 131 722 or visit Enquiries regarding food levels investigated by Council (Regulation 153) to determine the minimum floor levels of buildings within the site, please contact Counei's Engineering Department on 9262 6177. General Notes: For Town Planning information or information relating to zoning, schedules or polices please contact Councifs Town, Planning Department on 9262 6303. For Legal Point of Storm Water Drainage please contact Counci's Engineering Department on 9262 6177. Issued by Whitehorse City Council Building Department — Ph: 9262 6421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 the Due diligence checklist page on the Consumer Affairs Victoria website (consumer.vic.gov.au/duediligencechecklist). Urban living 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 ownershi 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. Rural properties 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. (oaror2016) CONSUMER AFFAIRS eTORIA consumer.vic.gov.au/duediligencechecklist Paget of2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? Alll 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 illegel 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. Page 20f2