Land Transfer and Legal Aspects in Australia

This assignment delves into the complexities of land transfer in Australia, covering legal frameworks, buyer/seller responsibilities, market trends, and specific issues like water rights and historic districts. It utilizes real-world examples and case studies to illustrate key concepts from various sources including academic journals, government publications, and legal definitions.

Finalising The Conveyancing
Transaction

TABLE OF CONTENTS
1 Classification of the property..............................................................................................5
2 Real property Includes.........................................................................................................5
3 A chattel become a fixture to land.......................................................................................5
4 The Victorian government will acquire land and commonwealth will acquire land..........5
5 Authorities is suggested a refrigerator is likely to be..........................................................5
6 Property may be co-owned by more than 2 partners...........................................................5
7 Severing the joint tenancy...................................................................................................5
8 The word which determines the sever of joint tenancy.......................................................5
9 The death of one of a joint tenet than the property will transfer to.....................................5
10 Analysing the interest of B and C in the case....................................................................5
11 Ascertaining the requirement of factors which determines a pool as chattel....................5
12 Replacement and abolishment of the Estate Agent Licensing Authority..........................6
13 Advising Fiona a legal solution.........................................................................................6
14 Analysing the term Caveat Venditor.................................................................................6
15 Ruling DA.048..................................................................................................................6
16 Ascertaining the section 32 of the sale of Land Act 1962.................................................7
17 Analysing the settlement over the breach of contract.......................................................7
18 Advising Keiko on the life tenancy and estate fee simple.................................................7
19 Restrictive covenant can become an incorporated in title.................................................8
20 Advising the likelihood of the stamp duty under the Duties Act 2000.............................8
21 A license gives or grants the exclusive possession of land...............................................9
22. Unregistered mortgage of Torrens system land................................................................9
23. Pledge of goods is.............................................................................................................9
24 Lien of goods.....................................................................................................................9
25 Unregistered lease of land.................................................................................................9
26 Lease of land......................................................................................................................9
27 Bona fide purchaser...........................................................................................................9
28 Unconscionable mortgage of an estate..............................................................................9
29 Applicability of the Caveat Emptor..................................................................................9

30 The rights of a purchaser will be affected by the acceptance of title in accordance with the
section 27 and 32..................................................................................................................10
31 Determining the circumstances with the vendors statement...........................................10
32 vendor's insurance policy................................................................................................10
33 Tenancy at will................................................................................................................11
34 Landowner grants permission to another person to use the land.....................................11
35 Landlord allows tenant to enjoy the leasehold land........................................................11
36 Joint registered proprietors of an estate in fee simple.....................................................11
37 Joint tenant of an estate in fee simple for Harry and Sue................................................11
38 Pledger of a choice..........................................................................................................11
39 Techniques to avoid the stakeholder pending deposits in a private sale from co-operative
purchase and vendor ............................................................................................................11
40 Joint tenancy in fee simple will have impacts of stamp duty if the ownership passes to
another person......................................................................................................................12
41 Influence of the new transfer in defeating partition application......................................12
42 Advising Harry over the transactions for purchasing the apartment...............................13
43 Bringing up the action in the county court or Magistrates court which will be heard in the
VCAT...................................................................................................................................13
44 Obligation over the vendor in disclosing the carport built..............................................14
45 Requirement of the payment must be made by vendor of the mortgage settlement.......14
46 Discussion over vendor disclosures.................................................................................14
47 Cool-off of the purchaser in the relevant circumstances.................................................16
48 The transfer of property on the two titles........................................................................16
49 Requirement of the documents for the conversion to a transfer of title..........................17
50 Advices for not making the payments of GST and less payment in Stamp duty............17
51 The payment of the GST as lease on new warehouse.....................................................18
52 Determining the two system of land ownership..............................................................18
53 Parent Title......................................................................................................................18
54 Analysing the terms relevant with Legal personal representatives.................................18
55 Determining the 2 qualification of the general rules.......................................................19
56 Effects of Mental incapacity on a contract......................................................................19

57 Calculations for the stamp duty over the property costs.................................................19
58 Measuring the LTO lodgement fee on the following transfer.........................................19
59 Analysing land registry office fee on lodgement plans...................................................20
60 application of margin scheme on newly constructed flat................................................20
61 Analysing the difference among valid and void contract................................................20
62 .........................................................................................................................................20
W1 Analysing the policies and procedure of the invoicing in firm.....................................21
W2 Analysing the terms of the invoices payments..............................................................21
W3 Holding the client file for tax practitioner and conveyancing.......................................21
W4 Analysing the process of closing and archiving the files in the business......................22
REFERENCES..............................................................................................................................23

1 Classification of the property
D. Is a combination of reality and personality (Grafton and Wheeler, 2018)
2 Real property Includes
E. all of the above
3 A chattel become a fixture to land
D. When it is placed on land so that a reasonable person would expect it to remain and
become permanent (Schöttker and Wätzold, 2017)
4 The Victorian government will acquire land and commonwealth will acquire land
B. Th crown is properly represented by the commonwealth in consideration of the land.
5 Authorities is suggested a refrigerator is likely to be
B. A chattle
6 Property may be co-owned by more than 2 partners
A. Joint co-owners
7 Severing the joint tenancy.
D. When joint tenants become the tenants in common (Warren, Elliott and Staines, 2017)
8 The word which determines the sever of joint tenancy
D. the joint tenancy will be severed as if the partner said “ I herby rebut the common law
Presumptions”. (Blakeney, 2017)
9 The death of one of a joint tenet than the property will transfer to
C. it will automatically transfer to the surviving joint tenant without any influence of
external parties or laws.
10 Analysing the interest of B and C in the case
A. they will be Life tenant and joint tenant (Blakeney, 2017)
11 Ascertaining the requirement of factors which determines a pool as chattel
The 6x3x1 meter above ground pool will be denoted as a chattel because it will have
movability and mobility (Flynn, 2017). The chattel make its presences as per the weight which
placed on the ground. However, here the childproof fence will be considered as a chattel by the
court.

12 Replacement and abolishment of the Estate Agent Licensing Authority
The replacement and abolishments of the Estate Agent Licensing Authority is with the
Consumer Affairs Victoria.
13 Advising Fiona a legal solution
In relation with such kind of fraudulent act incurred in with Fiona she has to suit the case
in against the responsible party and claim the damages. On the other side the fee simple contract
assures that the person may acquire the land and van make the development as well as can utilise
the land for the long period. The unlimited duration of stay will be awarded here but the person
is bound that he cannot sold out such property (Bryan, Vann and Thomas, 2017). This the main
exception which is being awarded to them. Here. Rob and Rick were partners in the business and
Rick take advantage of Rob's absence and make the unlawful deal with Fiona. Thus, Rick has
incurred damages to both the parties such as Fiona and Rob. The consideration amount was
payable by Fiona was 650000 on which 400000 was the mortgage loan taken by her.
On the basis of such circumstances it can be said that, Fiona can claim and indefeasible
title because she is the Bona fide purchaser for the value and conditions implied with the
property without notice (Hayward, 2017). Therefore, in relation with such terms it will be duty of
the seller to tell everything and disclose every information which were relevant with such
transactions. However, in accordance with such terms and condition it will be determined that
she has rights to suit the case against the Rick and can claim damages from him.
14 Analysing the term Caveat Venditor
This is the Latin term which considers that the seller beware in making the contractual
agreement. Thus, this terms is counter to the terms Caveat emptor as it determines that the seller
can be deceived in the market transactions (Caveat Venditor Law and Legal Definition, 2016).
However, it forces the seller to take proper responsibility of the products which were to be sale to
the consumers need to be in good quality as well as they must receive the appropriate
consideration amount over it.
15 Ruling DA.048
In accordance with this ruling which determines that the applicant applied for the sale
which is on the concession of the off-the plan (DA-048, 2017). It also rectifies the changes in the
numbers of the consideration payable over it.

16 Ascertaining the section 32 of the sale of Land Act 1962
In accordance with the case the section 32J of Sale of Land Act will imply over it. There
is need to have appropriate documents which consists of information relevant with the authority.
These are the information which will going to be included in the certificate (Anderson, 2018).
17 Analysing the settlement over the breach of contract.
In relation with the case there will be breach of contract as the law says that, the property
will be in the same condition as if it was at the time of signing the contract of if the transaction
has been made (Monckton, Cavaye, Huth and Vink, 2017). On the other side, it can be said that,
there is need to have the prefect settlement of the issue as it is not the big issues which will
prevent a person to terminate the contractual contract. It will create the damages to everyone who
are in such contractual agreement.
18 Advising Keiko on the life tenancy and estate fee simple
Fee simple estate:
This is the technique which will be fruitful for an individual in terms with having the
most appropriate ownership over the land or property. In relation with the condition the owner
will have ownership over such property for the long or unlimited period which is out of any
restriction (Khorram, Ghasemi and Ergil, 2018). Therefore, the owner will have the ownership
only on the portion which is being acquired her him/ her. They can use the property at fullest and
as much as they can utilise it for their living or any operations.
Life tenancy:
This is the right which is given to a person to have the long term estate or stay at the
property. They are not liable to perform the sell of purchase of such property but they can be
tenant for the lifetime and for the maximum duration (Corey and et.al., 2017).
Advices to Keiko:
In accordance with both the terms it can be said that, Keiko has won the property as the
fee estate on the lottery thus, she has the legal rights to acquire the property on here name on the
basis of fee estate (Beach-Drummond, Main Grade Assets LLC, 2017). Moreover, she can leave
the life tenancy and has the adequate approval of the fee estate on which she can make repair,
maintenance and utilise such property for the personal interest.

19 Restrictive covenant can become an incorporated in title
This is a legal written agreement which will be in between the land owners which
determines the private treaty over the property. Therefore, it limits that the land can be used and
developed. Here, the planning system is only involved in removing the application and vary a
covenant, government and council does not have interaction which will enforce them. However,
they have their personal rights over the property and they can make the adequate development in
the property (Callele, 2017). It will be helpful as it improves the value of such property.
Moreover, in relation with the case it can be said that, Murakami as right to make the
construction in accordance with such consequences as well as rights facilitated to the covenant.
20 Advising the likelihood of the stamp duty under the Duties Act 2000
In accordance with the case William's mum has received the 100000 for her first firsts
which will be transferred to William when he reaches the 21 of the age. However, at the time of
such transactions William was 112 years old and these regards his mum purchase an Ivanhoe
Manor and such land was registers on her name. Therefore, after the completion of the 9 years
the rate of such property has been increased from 100,000 to 1,000,000. Thus, it can be said that
the first contract was signed for the 100,000 of the amount which are as a gift to the William
while the further transaction has lead the changes in the value. Thus, it can be treated as the
investment made by William's mum in the property which has the gained that much amount.
However, here the property with benefits will be transferred on William's name. Moreover, in
accordance with the stamp duty terms under the duty act 2000 it will be determined as:
Stamp duty : The collection of stamp duty in Victoria is with the help of State Revenue
Office on which the state imposes the taxes on the stamp duty. However, such tax collection is
totally different form the income tax. However, it will be charged from the individual in terms of
selling of transferring of the land ownership from one person to another. However, it can be said
that William has to make the payment of stamp duty as per the current tax rate over such
transactions (Kingston and Oke-Chinda, 2017). A part from this he will have such property as
the gift on which will he will not being liable to make taxable payments in the income tax. Thus,
such transactional activities will be exempted in the income tax payments while it will be
chargeable and taxable in making the stamp duty payments.

21 A license gives or grants the exclusive possession of land
A. never, a license will never grant or gives the possession of land.
22. Unregistered mortgage of Torrens system land
C. equitable interest.
23. Pledge of goods is
C. the storing of goods is denoted as Pledge of goods (Ginsburg, Levin and Rocap, 2017)
24 Lien of goods
B. when the true owner takes Possession
25 Unregistered lease of land
A. It does not create a landlord and tenant relationship
26 Lease of land
C. it must be completely written and sealed
27 Bona fide purchaser
A. A Bona Fide Purchaser is bound to have the concrete notice which determines his
interest in the property
28 Unconscionable mortgage of an estate
B. It allows the mortgagor to recover the damages only from the mortgagee.
29 Applicability of the Caveat Emptor
The terms and condition implied with the Caveat Emptor it can be said that before
making any contractual agreement the buyer beware of all circumstances and condition implies
with such transactions. Thus, in this case there will be no rights allowed to Rod in relation with
suite a case in against the government for not notifying him. Therefore, in relation with the
conditions implied with Caveat Emptor it can be said that, there are full rights to the government
in terms with making interfere (Yamamoto and Takamoto, Seiko Epson Corp, 2017). Here, the
Municipal corporation has the valid document and approval in terms with the road widening
schemes thus, the area of parking lot will be come under the such activity. Thus, Rod does not
have any rights and regulation to claim or suit a case against such operations. It is because the
government made operational activities which is based on public welfare and wealth
maximisation of the society. Thus, in relations with such operations it can be said that, nobody

can claim the damages instead of it the government make payments to the person over the
acquisition of the land.
30 The rights of a purchaser will be affected by the acceptance of title in accordance with the
section 27 and 32
By considering the factors which affect the acceptance of title through these two section
on which one person is not liable to purchase or sale the land or any property without the grants
from the law.
Section 27: In accordance with this section the party pay a down payment and initial
deposit over the property. However, such amount is being hold by the agents who are acting as
the mediator or conveyancer to paying in to the vendor (Hurdle, 2017). Thus, such amount will
be payable by them as their fees of legal approval from court reached to them. Therefore, in such
circumstances it abounded the transactions as well as restrict the purchase and sell of the
property for the while.
Section 32: This is a legal document which was being prepared by the vendor in relation
with making the sale of the property. It will be provided by the seller to the purchaser of such
property before the signatures made over the contractual agreements (Colby, 2017). It consisted
of all the details such as the amount of considerations will be payable by the purchaser, the legal
vendors of the assets as well as the time and date of the contract will be made by them. Thus, to
facilitate such kinds of information to the seller will have the legal approval in proceeding the
transactions. If the seller failed to inform the purchaser all the details the purchaser can terminate
the contract.
31 Determining the circumstances with the vendors statement
The vendors statements in accordance with the section 32 which states that, the seller
must prepare the legal documented which will be consists of all the informations such as size of
the property (Wheeler and et.al., 2017).
32 vendor's insurance policy
In relation with the sale of land act 1962, the vendor's insurance policy determines that if
the person wanted to sale his/her land than the insurance made over such property will
automatically transfer to the new vendor. Therefore, the advantages of over the property will be

transferred to the new vendor and any damage took place will be resolved and analysed by the
new purchaser.
33 Tenancy at will
C. a tenancy at will is a lease which is contentiously with the mere consent of the
landlord.
34 Landowner grants permission to another person to use the land
A. There is need for exclusive possession is granted by the right to use and a lease is
created.
35 Landlord allows tenant to enjoy the leasehold land
C. Here, the landlord must carry out all the essential repairs and maintenance as it will be
required over the property.
36 Joint registered proprietors of an estate in fee simple
C. Here, Sue and Harry can become the tenant in common in equal of unequal
proportionate of shares.
37 Joint tenant of an estate in fee simple for Harry and Sue
B. The joint tenants have the opportunities to share the equitable interest legally.
38 Pledger of a choice
D. it passes the possession to pledgee with a right to redeem the debt within a previously
agreed for.
39 Techniques to avoid the stakeholder pending deposits in a private sale from co-operative
purchase and vendor
In accordance with the term deposits it can be said that it acts as two things. It indicates
the purchaser to undertake the bargain and it is the security amount which will be helpful in
performing the contract. In a conveyancing transactions it can be said that there are various
transactions which will be effective in terms of obtaining the purchase price from the complete
transactions (Khorram, Ghasemi and Ergil, 2018). However, in some circumstance if the dealer
does not proceed the deposits on which a purchaser might become able to recover the deposits
under section 55A of the conveyancing Act. Thus, in this regard there two techniques to avoid
such obstacles such as:

 There is need to organise and attend the meetings for the accurate settlement over such
contract.
 There is need to make contribution in the costs of making the adequate settlement in
analysing the title.
In addition, it can be said that, the term which helps in making the contract proceed
without making whole payment at beginning the deposits were made (Corey and et.al., 2017).
Thus, it can be treated as a security amount to such transactions which will be helpful to the
seller. Therefore, sometimes people took advantages of such deposits schemes as they delay in
making the payments which abounded the payments over the transactions.
40 Joint tenancy in fee simple will have impacts of stamp duty if the ownership passes to another
person.
In relation with estate in fee simple which determines that a person will have the freehold
estate in a property. Thus, that person can use the property for as much as they want which will
be beneficial for such people in terms of acquiring such land and property for their person
benefits. Thus, in accordance with the case of Sue and Sal it has been analysed that both were the
joint tenant in the fee simple estate (Beach-Drummond, Main Grade Assets LLC, 2017).
Therefore, they have acquired the equal right over the property. The condition implies with this
term is that if one of the join tenant will die the ownership of the whole property will
automatically transfer on another person's name.
Thus, here Sue had proposed to transfer the ownership of her own part to Harry. Thus,
the transaction will have influence of Stamp duty. However, the transfer of the title of this
property will require the surcharge of stamp duty as it is not tax free (Callele, 2017). In relation
with the further operations it can be said that Harry will become the join tenant on the same
possession as Sue was and have all the rights over the property as the Sal has. The transaction
took place only after the agreement of the other join tenants and the positive repose of them.
Therefore, Sal do not have any obligation over this transaction as it will be proceed.
41 Influence of the new transfer in defeating partition application.
The new transfer of the ownership will have impacts over the partition. Thus, there will
be no such impacts of this transaction over the participation process. Thus, it can be said that, the

transfer of the deed from person to another person will have the approval of all the co-owners
which are involved in such business operations. Moreover, it can be said that there will be no
such influence of these terms(Ginsburg, Levin and Rocap, 2017). The owner who has acquired a
specific portion in the property will have rights to deal only for such property. In addition, the
new transaction does not affect the partition as it consists of securing the human rights. Thus, the
other partners does not have any influence of third party in their ownership.
42 Advising Harry over the transactions for purchasing the apartment
The case determines that Harry has accepted a general offer which was through and
advertisement and consist of the conditions as stamp duty saving and off the plan sale of a flat.
Thereafter, he has sign the section 32 of the vendor's disclosure statement as well as make the
payments of the 5% as initial deposits. He has also appointed a conveyancer for such
transactions. Thus, there are additional condition with the contract which requires Harry to make
the 210% payment of the construction charge (Kingston and Oke-Chinda, 2017). Therefore, this
charge is exceeding the building budget. Thus, after such notification Harry was disappointed
and wants to abandon the contract.
However, Harry will be advised that, he must claim the damages from the proprietor as it
is clearly stated in the condition with the form of section 32 that the dealer must disclose all the
circumstances and condition involved with the property. Therefore, here the vendor ned to
detailed all the conditions in the form (Yamamoto and Takamoto, Seiko Epson Corp, 2017). It
was the misrepresentation too as Harry felt cheated and disappoint him for making the
contractual agreement. Therefore, it will be advices to Harry that he must claim the 5% of the
deposits he had made earlier as the initial payment to such apartment.
43 Bringing up the action in the county court or Magistrates court which will be heard in the
VCAT.
Domestic Building Act:
This acts consist of the various conditions which will be beneficial in presenting the
rights to the people in terms of making the reconstruction, renovation and any kind of
improvements in the property. Therefore, it considers that the home and building is a residential
premise which may have repairs and maintenance in the building which will be lawfully
accepted (Hurdle, 2017). On the other side, there will be commercial and industrial space in the

residential area there for there were several other conditions which implies with this condition is
that a residential person does not have their permanent habitation over such place.
Bringing up action in Magistrates and County court:
In relation with such courts it can be said that, it usually demonstrates the civil or
domestic disputes in a particular locality. However, in context with the appeals made by a person
in the court and the judgements they have is maximum not satisfactory to them and they proceed
to appeal in the higher courts (Colby, 2017). However, in the Magistrates' Court the person will
claim the damages over the repairs and renovation of the such property. On the other side, the
county court will benefit in overcoming with the serious crimes such as fraudulent act etc.
therefore, it can be said that a person is able to claim the damages in the courts as to have the
satisfactory judgement over the issues.
44 Obligation over the vendor in disclosing the carport built
In accordance with section 32 of the acts which assets that the vendor is not obliged to
present any building permit, occupancy certificate, building approval and final inspection for
making the improvements in the assets. Thus, it is not necessary that the vendor must notify and
present the permits over renovation or any improvements in the property. Therefore, there is not
need of disclosing permission for carport built.
45 Requirement of the payment must be made by vendor of the mortgage settlement
Yes, it is required that the vendor must disclose all the details which were incorporated
with the contractual agreement. In context of making the mortgage payment there is need to have
detailed information about the amount of consideration to be payable by them. Thus, it is
necessary to have total disclosure of all the details and information which are indulged with the
contractual agreement such as total amount of loan, down payment made by the person as well as
the specifies duration for such transactions (Wheeler and et.al., 2017). Thus, it will be required to
have the settlement amount over the mortgage and it must be listed in the documents.
46 Discussion over vendor disclosures
A. Vendor discloses the fencing notice from neighbour
There must be share of the payment as if the fencing in between both the property as it
acquires some part of each property (Grafton and Wheeler, 2018). Otherwise, the fencing

constructed on only a single part than there is not need from both the parties to make the
payments only one person can bear the costs. However, these are the costs which incurred in the
property and that must be discloses as per some specific legal requirements.
B. Disclosure of the road-making proposal by Vicroads:
It is essentially required that the Vendor must disclose all the details while making
transaction. There is need to have the disclosures of the Viroads agreements which is need to be
informed to the purchaser that the government has any plans in such area or over the property.
However, these are the compulsory requirements which is need to be disclosed by a vendor.
C. Relevance of a purchaser over the Vendor's insurance
According to insurance contract act 1984, it has been analysed here that, the insurance
was made over the property which defend it to have any damages of have the appropriate amount
which help in recovering such damages. However, in relation with such law it will be said that
the insured property will have deals and the ownership will be transferred to another person so as
with the insurance policy. There will be change of vendor in such policy and the purchaser can
rely over the insurance made by previous vendor.
D. Liability of insurer in purchasers loss:
No, the insurer is not liable for any loss incurred to the purchaser. Therefore, the insurer
made the insurance of such property and later on it was dealt and the ownership was transferred
to the another person which states that the liability of the vendor is not necessary after the
property is being sold to another person.
E. Liability of the insurer in extent to:
The liability of the vendor will be belongs to securing the property with the insurance
cover as to defend the property from damages. Therefore, there will be risks and losses which
incurred to the property and it will be affecting the interest of any person. Thus, the vendor is
only liable to position as if there will be any damages or destruction to such property incurred.
F. Restriction over the purchaser in terms of possession and the principles relevant to it:
In accordance with the Doctrine of restraint of trade which determines no application of
the deals of land and the transfer of title.

G. Section 27 for the contract which is subjected to finance:
It determines the allowance to the vendor that they can gain the access amount of the
deposits before the complete settlement of the contract (section 27). However, the buyer borrow
funds for the real estate on the finance the must be approved before the transaction proceeds.
Thus, if the transaction does not get approved at the time of contract is signed there is need to
include the financial condition in the contract like the financial health of person.
H. Analysing the main acts and subordinates which determines the legislations which will
be governed by VCAT.
The VCAT tribunal which hears the cases of civil and administrative legal cases in the
Victoria however, there will be various acts and laws which bring the adequate jurisdiction in
giving the legal solutions such as Residential Tenancies Act 1997, Victorian Civil and
Administrative Act 1998 etc.
47 Cool-off of the purchaser in the relevant circumstances
A. Signing the contract of sale on the same property.
In relation with signing the sale of the property documents which has been proposed to be
purchased by P. it can be suggested that, P must cancel the purchase of property as to cool-off
such transactions.
B Advising the conveyancer
In relation with the P's desires to acquire a flat on which he mistakenly signed the
document for the sale of the property. The conveyancer need to cancel the sale of land document
which will be affecting the whole transactions.
48 The transfer of property on the two titles
In relation with transfer of the property on the basis of tow kinds of title which determine
the old law and new law relevant with such transactions. However, in context with the case it can
be said that Homer Simpson as dealt in selling his farm on the basis of Old title and Torrens title
on which the parties has positive reaction and wants vendor to facilitate the transfer of land act
titles (Warren, Elliott and Staines, 2017). It indicates that the new purchaser is does not wanted
to make the payments for GST taxes. However, the two titles can be demonstrate as

Old Title: In relation with the old law which ascertains that the land will be transact the
3% of the land will be of Victoria while 97% will belong to the transfer of land act. Thus, it was
very time consuming as well as need more funds for the succession of the operations.
Torrens Title: There will be certificate of the transfer of titles instead of transfer of
deeds which will be helpful in creating the paramount interests. Here the registrar will provide
the certificate of title to the new owner and the copy of such registry will be kept by the registrar.
The advantage is that it is prompt and secured method of transferring the title of the land and
involves less complexity.
49 Requirement of the documents for the conversion to a transfer of title
To registered a land there will be requirement of various document which will be helpful
to the parties who are included in the transactions. However, there will be need of preparing and
filling the document of transfer of land with the presence of the lawyer. Thereafter, the person
need to lodge the documents in the title office and make the payment of the necessary fees.
Therefore, in such document there will be detailed information regarding the contract and the
parties who are included in such agreements (Transfer of Land Checklist, 2017). Thus, it can be
said that after filling out such document the certificate of the title will be issues to the new
proprietor of such land.
50 Advices for not making the payments of GST and less payment in Stamp duty
The payments of GST is being payable by an individual over every single home item
which enables them to make the adequate payments of all the charges over the property, shares
and any item. Therefore, there will be influence of Administration act, 1996. Thus, the payments
of the stamp duty which brings the better plan and expenditures which will be helpful in
finalising the purchase of the home which will be determined as the state territory in which a
person is living. However, there has been various features which will be beneficial in analysing
the amount of stamp duty will be payable by the person such as:
 The stamp duty payment in each state will approximately be same amount.
 There will be payments of the significant amount of duty over the costs of the property
that has been bought by an individual.
 It also determines the type of property has been acquired by an individual.

51 The payment of the GST as lease on new warehouse
No, there is need to make the payments of GST over the newly occupied Warehouse. It
will be only if the people involved in such property is registered for the GST. However, in this
case Homer and the landlord were registered for the GST and that determines that they will not
have to make any payments for the GST. Otherwise, if there are any charges over the
commercial property in terms with such taxation than the owners can immediately claim the
deductions for their expenditures in this regard. However, this judgement has been facilitated In
accordance with the National Taxation Reform (Consequential Provisions) as pert the Victorian
laws.
52 Determining the two system of land ownership
In accordance with the legislation in the Victoria, there were two methods of acquiring
the ownership of the land such as:
Old law: In consideration with the old law of transferring the title of the property from
one person to another there has been 3% of the acquisition was hold by Victoria while 97% of
the ownership was states with the Transfer of land Act. Thus, such legislations will be facilitated
as per conveyancing act 1919.
Torrens system: In accordance with the new law and the legislation implied by such act
is to facilitate the adequate and simplest method of acquiring the ownership of the property.
53 Parent Title
This is a document which determines the description of the property before it will have
partition of can divided into small portions. Thus, a parent title is identifies by volume or folio
numbers with consistence of the cancelled status over it.
54 Analysing the terms relevant with Legal personal representatives
In relation with holding a real property there will be need to have the adequate estate over
the property. Thus, the person who is acquiring a property need to nominate another person for
the ownership after his death. However, if the owners failed to nominate any person than the
ownership of the property will automatically transfer to their spouse or their children.

55 Determining the 2 qualification of the general rules
A person is independent in terms of making the deals over the acquisition as well as
depositing off the property. Therefore, there two general terms which will be helpful in terms of
analysing the rules and regulation included in disposal transactions such as private and public
laws.
56 Effects of Mental incapacity on a contract
If a person is mentally incapable than he is prohibited in making any contractual
agreement. Therefore, in accordance with the Australian legislature authorities the person who is
mental disable than he is not able to make any strong decision. Thus, with the influence of the
such incapabilities it is legally accepted that that person is not liable to sign or make any
contractual agreement.
57 Calculations for the stamp duty over the property costs
cost of property (in $) taxable slab
Tax
(In $)
Surplus
(In $)
total
taxable
amount
(In $)
28000
25000-250000 (82+ 0.375% in $25000
plus value) 11.25 82 93.25
21000 nil 0 0
109000
25000-250000 (82+ 0.375% in 25000
plus value) 315 82 397
79000
25000-250000 (82+ 0.375% in 25000
plus value) 202.5 82 284.5
282000
250000-600000 (926+ 0.575% in 250000
plus value) 184 926 1110
981500
600000-1000000 (2938 + 0.875% in
600000 plus value) 3338.125 2938 6276.125
58 Measuring the LTO lodgement fee on the following transfer
cost (in $) LTO fee

240000 657
2340000 3605
945650 3605
445750 1139
890000 3605
59 Analysing land registry office fee on lodgement plans
Determining the calculation of the land registry office fee on the various lodgement plans
on the basis of several subdivisions containing the following numbers of lots such as:
2 There will be additional payment of the
consideration fees at $33.00 over each 10000.
15 The payment of $85 for the registration of a
name
24 Nil amounts for the lapsed caveat noting
80 The payment of the mortgage and possession
in lease.
However, it will be beneficial as to analyse the amendments facilitated by the Monetary
units Acts 2004 that will be helpful in determining the office lodgements fees which are to be
paid by the proprietors.
60 application of margin scheme on newly constructed flat
In relation with the condition where an individual acquired the property for 200000 and
sold it for 244000 after completion of the 2 years. However, there will be implication of the
marine schemes which in turn helpful fort reducing the costs of the stamp duty will be payable
my him.
61 Analysing the difference among valid and void contract
Valid contract: These are the contract which are legally enforceable in the terms if law
Void contract: These are the agreements which are not enforceable as well as unlawful

62
A. Outcomes of the situation:
In accordance with such circumstance here the duplicate copy of the certificate of title is
not being found by the professionals and that means that they will not go to have the adequate
amount of profitability in making the deals on behalf of such property.
B Advices:
Here, the bank sends the letter which determines that the client is no defaults and the
beyoncet and James planned to be insolvent. Thus, in such circumstances they must be claimed
and asked for the legal documents which will be relevant to the financial condition.
W1 Analysing the policies and procedure of the invoicing in firm
In relation with the internal environment of the organisation there has been various
policies and procedure in the firm in terms of making the adequate invoicing such as:
 It must consist of all the information about the vendor such as name, date of invoice,
number of invoice and the federal identification number.
 There is essentially required to implement the county informations.
 Include the pricing details over the goods and services
 Details of the products and services which will be provided.
 The last information regarding the delivery of such articles.
W2 Analysing the terms of the invoices payments
It is the circumstances and the condition on which the seller complete a sale. Thus, it can
be ascertains as the purchaser make the payments of the such amount which will be completely
payable by the professionals in it. However, it will be helpful in terms of having the adequate
payment plan which is consisted of making the payment through digital transaction or through
offline mode. The main advantages of the payment plan is that the firm will have better financial
control as well as there will be reducing in the level of debtors. On the other side the
disadvantage is that it will be complicated and need a proper security system.
W3 Holding the client file for tax practitioner and conveyancing
These are two individuals which acquire the details of the client relevant with the
financial health and condition of the client. The tax practitioner usually analyse the income tax

will be payable and the allowable deduction will be claimed to haver the appropriately taxable
payments. On the other side the conveyancer analyse the ability to acquire the land or sell the
land in the most favourable considerations.
W4 Analysing the process of closing and archiving the files in the business
The process of archiving and c;losing the file in an organisation can be based on three
stages such as:
 Creating a project file which must consist of promptness, simplicity, up-to date analysis
as well as confidential details of the transaction.
 There is need to record the documenters and data in the file which describes the details of
the project.
 The important projects will be archived and the other projects will be destroyed by the
professionals.

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