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Strata Title

A system of Torrens Title which gives ownership rights over different parts of a building to different persons. A registered 'strata plan' divides the floor plans of such a building into lots - each with its own certificate of title. Common property is also on a separate title, held by an owners corporation constituted by the building's owners.

Stratum

A layer below (or partly below), on, or above (or partly above) the surface of a part of land.

Sub-Lease

A Tenant may dispose of his/her possessory interest to a third party before the expiry of the Lease, either by an assignment or a Sub-lease. If the Tenant does not dispose of the whole interest a Sub-lease is created. There is no privity of estate between the Landlord and sub-tenant.

Subcontract

A Contract between a contractor and a subcontractor. It is common for subcontracts to mirror the key provisions of the Head Contract, such as provisions relating to Extensions of Time, Variations, Completion and Liquidated damages.

Subcontractor

The person to who the contractor lets certain work which the contractor is required to carry out under a Head Contract. The contractor will enter into a contractual relationship with the subcontractor. Normally the contractor will remain liable under the Head Contract for all work, including work actually carried out by a subcontractor.

Subcontractor’s Charge

A charge in favour of a subcontractor for monies payable to the subcontractor by a contractor, which charge may attach to monies payable by the head contractor to the contractor under the head contract and/or a security given for the purpose of securing contractual performance by the Head Contractor. (See for example Subcontractor's Charges Act 1974 (Qld) and Contractors Debt Act 1997 (NSW))

Security Trustee

A person (usually independent) appointed under a deed of trust to hold, protect and maintain the security interests of secured creditors.

Stage (also known as Portion)

See Separable Portion.

Selected Subcontractor

See Nominated Subcontractor.

Stamp duty

A form of taxation attaching to deeds and other legal instruments pursuant to legislation. Failure to stamp an instrument with duty may render it unenforceable.

Glossary Term

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