Non-compliance with a regulatory scheme such as the Estate Agents Act 1980 (Vic) is not an absolute barrier to rectification of a written instrument; the nature and extent of the contravention, the statutory context and purpose, and the totality of the circumstances are relevant. Where parties plead a common intention to comply with legislative requirements and specify the means by which compliance was to be achieved, this is properly characterised as an intention as to the legal effect of the instrument (capable of supporting rectification) rather than a mere intention as to collateral consequences (which would not support rectification).
The full text is available to signed-in members, including the 41 later cases that cite this judgment.
4 of the 41 citing cases carry a classified treatment. How each court treated it is available to signed-in members.