Deed Execution Validity Concerns

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Summary

In Victoria, a deed can be witnessed by an employee as long as they are not a party to it. If you believe the deed isnt valid due to the way it was executed, you may challenge it. Consult an Australian lawyer familiar with Victorian laws for tailored advice.

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I have just received a copy of a deed of settlement and release from a non-profit charity funded community housing organisation Aboriginal Housing Victoria that was created on * April * and signed on * May * by me and signed by the company CEO Darren Smith and his assistant Poppy Bouhalis on * May *. Poppy is the witness to Darren signing the deed, from what I've been told about excuting a deed that the witness should be an independent person not associated to Aboriginal Housing Victoria is that correct or has it been executed correctly?
In Victoria, the witness of a deed doesn't have to be independent or unrelated to the parties involved. As long as they are not a party to the deed, they can witness it. However, it's always best to have independent witnesses for transparency and to avoid potential disputes.
what does a party of the deed mean
A "party to the deed" refers to an individual or entity that is directly involved in the deed and has rights or obligations under it. For example, in your case, you and Aboriginal Housing Victoria would be parties to the deed.
the witness in the CEO of the party Aboriginal Housing Victoria assistant can she be who legally witness the CEO sign the deed
Yes, the CEO's assistant can legally witness the CEO signing the deed, as long as she is not a party to the deed, meaning she has no rights or obligations under it.
the deed states Aboriginal Housing Victoria on it as the other party doesn't cover everyone who is employed at AHV (Aboriginal Housing Victoria)
The deed stating 'Aboriginal Housing Victoria' as a party means the organisation as a whole is the party, not specific individuals within it. So, employees witnessing the deed's signing are generally considered acceptable unless they have personal rights or obligations under it.
yes that is include on the deed they released themselves from there responsibility and obligation to keep the property maintained stopping me from receiving compensation and waived all my legal rights to get the property repaired
It sounds like you're dealing with a complex situation. In Victoria, parties can include clauses in a deed to limit their obligations. However, any such clause must not contravene any laws. If you feel your rights have been unfairly curtailed, you may consider seeking legal advice.
If a non-profit charity funded community housing association/organisation in victoria australia was to use a deed of settlement of release to prevent a tenant from receiving compensation for urgent repairs they failed to do and the tenant raised another urgent repair case for the same problem which is mould and damp throughtout the entire property making it unfit to occupy, and both cases were active at VCAT can they use the deed to release themselves from this responsiblity and pay the tenant off $*,*, removing every legal right the tenant has from past and future repairs in relation to mould and damp so the tenant can't riase anymore repairs at all, make the tenant pay for rent even though they can't live there because they also included in the deed that they would rehouse the tenant in another property as long as the tenant submits the correct forms, then refuse to supply the tenant with the documents need offer to submit it for the tenant on there behalf, tell them it was accepted and approved when it was rejected on submission, the reveal a year and a half later they never intended on rehousing the tenant and that they only agreed to pace the tenant on the priority housing list and offer a property, which was water damaged like the property they can't reside in, what right does the tenant have and can the non-profit charity funded community housing association/organisation in victoria australia make a deed like this and if not what would be the best way for the tenant to have the deed destroyed and there rights back in a situation like this can you suggest anybody because I can't find anyone who knows how to handle the situation for me in court
This is a complex issue. You may have rights under the Residential Tenancies Act * (Vic). Some of these rights may not be waived by a deed of settlement. If the deed is not valid, it may be set aside. Consider contacting the below for further advice:
- Victoria Legal Aid: * * *
- Tenants Victoria: (*) * *
- VCAT Residential Tenancies List: (*) * *
- Consumer Affairs Victoria: * * *
I've done all that VCAT told me today to find a lawyer and none of the tenancy legal services can take it on because its out of there area of expertises
I understand your situation, Renee. In such cases, a private lawyer may be necessary for representation. You could consider the Law Institute of Victoria's Referral Service or Justice Connect, which may offer pro bono assistance. Remember to clarify the situation and ask if they handle cases like yours.
I have done that with Justice connect and they can't deal with it either
I'm sorry to hear about the difficulties you're facing, Renee. You might want to reach out to the Federation of Community Legal Centres. They often handle complex cases and might be able to provide some assistance or direct you to a suitable source of help. Keep in mind that finding the right legal support can sometimes take time.
I need to find a lawyer who wants to help me so I can help all the other tenants and the poor girl and her young family from having to live in poorly maintained properties managed by AHV, but what they have done to me they have done to others and other tenants are afraid to say anything because of the fear of being made homeless which they've done to me and others before me
I understand your situation, Renee. It's commendable that you're standing up for your rights and those of others. There are legal services that assist in group actions. You may want to reach out to the Public Interest Law Clearing House (PILCH) on (*) * *. They might be able to assist or refer you to a suitable lawyer.
What do they do and are about I've never heard PILCH before now
Public Interest Law Clearing House (PILCH) is a non-profit organization that aims to address systemic issues and improve the community's access to justice by facilitating pro bono legal services. They can connect you with volunteer lawyers and law firms for legal advice and representation.
thank you that's exactly what I need to do
I'm glad to hear that you found the information helpful, Renee. If you need further legal information, feel free to ask. Good luck with your case, and remember, standing up for your rights is important.
since the deed hasn't been signed correctly and was witnessed by another employee do I have to accept it as a legal document
In Victoria, a deed can be witnessed by an employee as long as they're not a party to it. However, if you believe the deed isn't valid due to the way it was executed, you may challenge it. It would be best to consult with a lawyer for advice tailored to your situation.
it has to be an Australian lawyer doesn't it in if the case is in Victoria Australia
Yes, you're correct. If your case is in Victoria, Australia, it's ideal to consult an Australian lawyer, specifically one who is familiar with Victorian laws and has expertise in relevant areas such as property law and contract law.
ok sorry
That's perfectly fine, Renee. Do you have any other questions or is there any other way I can assist you with your legal concerns?
be my ai lawyer for me hahaha
While I can provide you with general legal information and guidance, I can't act as your lawyer or provide legal advice specific to your case. However, I'm here to help you understand your situation better, so feel free to ask any questions you may have.