Armin Hohenadler

Of course, it would not be fair for one party to vary the treaty without the other party accepting the change. Formal written amendment is the means by which both parties agree to a treaty amendment and have legal effects. Victoria`s real estate sector is seriously hampered by corruption and incompetence. Real estate agents tend to handle important legal matters on the basis of a handshake or a so-called „gentleman`s agreement“. Consumers often find that they have been the victim of „winks and thumbs“ or „crossing their fingers“. And when things fall apart, the only help that`s offered is, „I think you`d better talk to a lawyer about it.“ In the whirlwind of activity, written agreements sometimes cannot keep up with business developments; and in the event of a dispute, the parties may find that their contracts do not say what they thought or do not reflect their actual practice. In such cases, the doctrine of legal effect may prevent the party from enforcing the „amendment in writing“ clause.. . . .