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Thanks again for the thoughtful analysis…
It just reinforces my view that so much of what the Act (old or new) states is just more of an opportunity for lawyers to become involved – at our considerable expense.
Why can’t legislation be drafted in a way that takes the ambiguity (or at least some of it) out of such statements? I’m trying to deal with a number of issues relating to clauses from the current Act, and even though they appear to be clear to me (not a lawyer) Fair Trading cannot make a call one way or the other and advise me to seek a legal opinion…. then of course there is the opposite legal opinion and it all ends up in $$$$$.
An example of this is a post I made some time back – do all legal owners of a lot need to sign a proxy form (current Act Schedule 2, 10 (4)&(5)) – very simple I would have thought – Yes or No. But I still can’t get a consistent answer (after two legal opinions). Fair Trading says it’s a matter of interpretation!!! Just think of the number of proxies tabled in NSW which may be invalid (or not!!). The corresponding Clause in the new Act seems just as fluffy.
JimmyT, I wish I had access to your ‘powers that be’ any chance of an interpretation of the latter as well?
JC