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This Act may be cited as the Property Law Act 1958 and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.
Except as in this Act expressly or by necessary implication provided—
all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;
in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any dealing transaction title rule regulation order instrument deposit registration delegation acknowledgment undertaking release covenant proceeding direction trust licence application appointment declaration consent certificate contract agreement notice liability privilege power or right made effected issued granted given presented passed fixed incurred accrued or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.
Where in any provision of this Act the expression "after the commencement of this Act" (otherwise than in the expression "before or after the commencement of this Act") occurs and the same expression occurs in the corresponding provision of the Property Law Act 1928 the said expression shall (where the circumstances are applicable) be construed so as to include a reference to the commencement of the Property Law Act 1928[1].
S. 3 amended by No. 16/1986 s. 19(a), substituted by No. 18/2005 s. 18(Sch. 1 item 87).
In this Act—
Court means—
in relation to property or an estate or interest in property the value of which does not exceed the jurisdictional limit of the County Court, the Supreme Court or the County Court;
in any other case, the Supreme Court;
S. 3 def. of legal practitioner amended by No. 17/2014 s. 160(Sch. 2 item 76).
legal practitioner means an Australian legal practitioner.
Pt 1 (Heading) amended by No. 10/1994 s. 6(1)(a).
S. 5(1) repealed by No. 85/1998 s. 22(1).
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S. 5(2) substituted by No. 7716 s. 2, amended by No. 9427 s. 3(Sch. 2 item 11), substituted by No. 46/1998 s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 164).
A Registrar-General and any Deputy Registrars-General that are necessary for the purposes of this Act may be employed under Part 3 of the Public Administration Act 2004.
S. 5(3) inserted by No. 7716 s. 2, repealed by No. 85/1998 s. 22(1).
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S. 5(4) inserted by No. 7716 s. 2.
All acts and things by this or any other Act required or authorized to be done by the Registrar‑General may be done by any Deputy Registrar-General and every act and thing done by any Deputy Registrar-General shall be as valid and effectual as if the same had been done by the Registrar-General.
No. 3754 s. 6.
S. 6 amended by No. 85/1998 s. 22(2) (ILA s. 39B(1)).
All deeds conveyances and other instruments in writing (except leases for less than three years) of or relating to or in any manner affecting any lands tenements or hereditaments situated lying and being in Victoria may be entered and registered in the office of the Registrar-General in the manner hereinafter directed; and all such deeds conveyances and other instruments in writing as aforesaid, if made and executed bona fide and for a valuable consideration and registered in conformity with the provisions of this Act, shall have and be allowed priority over every other deed conveyance or other instrument in writing (that is to say)—The deed conveyance or other instrument in writing first registered in the office of the Registrar-General, if the same be registered in conformity with this Act, shall have priority in respect of all lands tenements or hereditaments conveyed or affected by such deed conveyance or other instrument in writing over every other deed conveyance or other instrument in writing whatsoever and howsoever conveying or affecting the same lands tenements or hereditaments; and the deed conveyance or other instrument in writing next registered as aforesaid mutatis mutandis shall have priority over every other deed conveyance or instrument in writing as aforesaid; and so on according to the priority of the time of registering such deed conveyance or instrument in writing as aforesaid.
S. 6(2) inserted by No. 85/1998 s. 22(2).
Despite subsection (1), no deed conveyance or other instrument may be registered in the office of the Registrar-General under that subsection on and from the commencement of section 6 of the Transfer of Land (Single Register) Act 1998.
S. 7 amended by Nos 9043 s. 2(a)(i)(ii), 110/1986 s. 140(2), 57/1989 s. 3(Sch. items 166.2, 166.3(a)(b)), 35/1996 s. 453(Sch. 1 item 68.1), 23/1998 s. 8(1), repealed by No. 85/1998 s. 22(1).
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S. 8 amended by No. 8181 s. 2(1)(Sch. item 157), repealed by No. 85/1998 s. 22(1).
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Ss 9, 10 repealed by No. 85/1998 s. 22(1).
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S. 11 amended by No. 57/1989 s. 3(Sch. item 166.4 (a)(b)), repealed by No. 85/1998 s. 22(1).
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S. 12 amended by No. 9043 s. 2(b), repealed by No. 85/1998 s. 22(1).
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Nos 3754 s. 13, 6012 s. 8(1)(a), 6123 s. 3(e).
S. 13 amended by No. 9019 s. 2(1)(Sch. item 192).
S. 13(a) amended by Nos 9043 s. 3, 128/1986 s. 14(1).
There shall be paid to the Registrar-General in respect of matters under this Act such fees as are prescribed by regulations under this section.
S. 13(b) amended by Nos 9043 s. 3, 128/1986 s. 14(1).
The Governor in Council may make regulations for or with respect to prescribing fees to be paid to the Registrar-General in respect of any matter under this Act.
S. 13(c) substituted by No. 128/1986 s. 14(2), repealed by No. 85/1998 s. 22(1).
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S. 14 substituted by No. 7716 s. 3, amended by Nos 55/1987 s. 57(3)(Sch. 5 item 42), 80/1988 s. 55(7)(a)(b), 45/1994 s. 42(Sch. item 7), repealed by No. 10/1994 s. 6(1)(c).
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No. 3754 s. 15.
Any person who now has or shall hereafter have the lawful custody of any deeds or documents relating to the title of any real or personal estate may deposit such deeds or documents with the Registrar-General; and from and after such deposit such deeds or documents shall be retained by such registrar. And no action or suit at law or in equity shall be brought or maintained upon any covenant or agreement for the production of the deeds or documents so deposited, or upon any agreement to give or enter into a covenant for the production thereof; and if any such action or suit is commenced, it shall be a sufficient answer thereto that such deeds or documents have been deposited under this enactment.
S. 15A inserted by No. 128/1986 s. 15.
Despite anything to the contrary in section 15 the Registrar-General must on request return to the person who deposited it a deed or document—
that relates to land brought under the operation of the Transfer of Land Act 1958 and that is a subsisting lease mortgage or charge under the general law; or
that relates to land part of which is, and part of which is not, under the operation of the Transfer of Land Act 1958, and—
that is a lease mortgage or charge; or
that is the last deed that constitutes or the last deeds that together constitute, the fee or equity of redemption.
Before returning a document under this section the Registrar-General must take a copy of the document and retain it with the other deeds and documents deposited under section 15.
S. 15B inserted by No. 128/1986 s. 15.
On the application of the Registrar of Titles or on the application of a person who under a covenant or agreement may compel another person to produce a document the Supreme Court may by order require a person specified in the order to deposit with the Registrar-General a document specified in the order.
Sections 15 and 15A apply to a document deposited in accordance with an order under subsection (1).
S. 15C inserted by No. 128/1986 s. 15.
A person who under a covenant or agreement may compel another person to produce a document may direct that other person to deposit the document with the Registrar-General and that other person must comply with the direction.
Sections 15 and 15A apply to a document deposited under this section.
S. 15D inserted by No. 128/1986 s. 15.
A person who has lawful custody of a document may deposit it with the Registrar-General under section 15 even though the person has not been instructed or authorised to deposit the document by the person on whose behalf the document is held.
No. 3754 s. 15.
Subject to such regulations as may be imposed and to the payment of such sums as may be made payable in that behalf by the Governor in Council, any person may inspect and make copies of and extracts from deeds and documents deposited as aforesaid[3].
No. 3754 s. 17.
S. 17 (Heading) inserted by No. 6/2018 s. 68(Sch. 2 item 99.1).
S. 17 amended by No. 6/2018 s. 68(Sch. 2 item 99.2).