In South Australia, a signed memorandum that refers to a transaction rather than to a document cannot incorporate by reference other documents to satisfy the writing requirements of s 26 of the Law of Property Act 1936 (SA). The narrower approach in [name withheld] v [name withheld] is preferred over the more liberal English approach. The purchase of a separate property, even where one party pays the entire owners' contribution, is not unequivocally referable to an alleged collateral agreement for the sale of an interest in another property and does not constitute part performance. A party who is not privy to discussions forming an agreement may nonetheless be bound by that agreement where they act with knowledge of it.
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