Restrictive covenants in Victoria–the case for reform

  • Section 84 of the Property Law Act 1958, is now the principal means of modifying restrictive covenants in Victoria.
  • Yet this provision was drafted in 1918 and essentially comes down to a test of “substantial injury” to beneficiaries.
  • The Victorian Law Reform Commission reviewed section 84 in 2011, but few recommendations were adopted, leaving the private rights of beneficiaries to triumph over broader concepts of net community benefit.