A recent Victorian Supreme Court decision offers clear guidelines about what has to happen next.
is that you just need to run up a new deed that refers to the lost one and have it signed by the trustee and voilà – lost deed issue solved. A recent Victorian Supreme Court decision makes it clear that there’s a bit more to it than that.
If your advisers can’t find the original but have a substantial copy, take that because you may need it for court proceedings. In those proceedings, you will be required to provide proof that you’ve taken every reasonable step to find the original., in deciding how to proceed you need to keep in mind the court’s view effectively constituting the common law relating to the issues of lost deeds.
A 2015 Victorian decision accepted that deeds of confirmation were valid in circumstances where original trust deeds were thought to be lost. The power to “revoke, add to or vary” in the original deed or in legislation was sufficient to permit the execution of the deed of confirmation.
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