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REIQ Journal : October 2008
36 LEGAL ISSUES PAMD rights after a cooling off period. XXXXX XXXX XXX XXXX XXX XXXX XXX XXXX XXX XXXX XXX XXXX XXX XXXX In Blackman v Milne  QSC 350 the sellers tried to argue that they could terminate the contract because they had failed to attach the warning statement. However, whilst the court considered that the warning statement provisions of the PAMD Act are useful for both parties, insofar as they serve to clarify when both parties are bound to the contract, it was concluded: “The right in this case to have the buyers’ attention directed to the warning statement was a statutory right created for the buyers’ private benefit which they can, by their conduct, waive. That the performance of that obligation also permits the sellers to clarify when the parties are bound to a contract does not stop the sellers’ breach of the obligation from being characterised as a breach of a statutory right created for the buyers’ private benefits.” Therefore, it is only the buyer who may waive compliance with the warning statement provisions of the PAMD Act. Conclusion The principles which can be drawn from the cases and the PAMD Act (as amended), are as follows: The obligation to comply with the PAMD Act arises at the time the parties become bound to buy or sell a particular piece of residential property, and assessing when the parties are so bound requires an examination of the substance of each agreement; 50,000 people are expected to die from an asbestos related disease in the next few years. Looking for excellent service? Asbestos Kills 50, Are you aware of your responsibilities? All workplaces constructed prior to 1990 MUST have a current Asbestos Register and Management Plan. If your workplace does not, then call QBM today. Current Government Legislation requires the monitoring and recording of asbestos to keep owners, workers, visitors & contractors safe from this deadly material. This matter is now so serious that infraction notices and fines are being issued for non-compliance. Want professional advice and reporting? Don’t risk your health and the penalties for non-compliance. Call QBM and let us help you to comply. Want innovative, cost-effective help? QBM can guide you through the entire asbestos-detection process. We can provide an obligation-free quote for an asbestos audit, with one of our qualified inspectors performing the audit, giving you a comprehensive written report and register of the findings. Asbestos is just one of the many areas in which QBM will help you stay well informed and up to date with the latest legislation, specialising in the commercial and body corporate sectors, offering guidance and assistance while taking a load of your mind and keeping you one step ahead. Below is a list of other services in which QBM are experts and can be of assistance. Fire Safety Sinking Fund Forecast Insurance Valuations Health & Safety Risk Assessment Asbestos Reports & Management Documents Building Condition Assessments Engineering Reports Fire Separations Reports Consultancy and Tailored Reporting Fast Response Guaranteed Stay one step ahead and call QBM today on 1300 880 466 www.qbm.com.au firstname.lastname@example.org REIQ Journal October 2008 000