Restrictive Covenants in Victoria: What Practitioners Need to Know

Restrictive covenants can often present as a barrier to the development of land. Practitioners are often asked: is this covenant still effective? If so, how can I modify it to allow my development?

This session will cover the fundamental components of restrictive covenants in Victoria and how practitioners can advise clients as to the prospects and process of removing or modifying these encumbrances. It includes:

• What tests should I apply to determine whether the covenant is still effective?
• How do I accurately identify those people with the benefit of the covenant?
• When should I apply for a planning permit to remove or modify a covenant?
• What is the process for removing or modifying a restrictive covenant in the Supreme Court?
• Assisting the Court to identify substantial injury—lessons from recent cases.