Property Law Assignment

This assignment covers the application of legal principles in property law. It requires the completion of a set of questions in relation to the framework of the Australian legal system, introduction to interests in real property, and shared and transferred interests in real property. Personal property as well as intellectual property are also covered. The assessment includes an overall understanding of the way that Australian law operates; covering legislation and case law. This is explored through the assessment of various business based scenarios. It explores the ownership aspects of real property, trust property, personal property and intellectual property. Risk management, with relevance to business situations forms the final part of the assessment.

Property Law Assignment 1602
Property Law Assignment
Submission Instructions:
Key steps that must be followed:
1. Please complete the Declaration of Authenticity at the bottom of this page.
2. Once you have completed all parts of the assessment and saved it (eg. to your desktop
computer), login to the Monarch Learning Management System (LMS) to submit your
assessment.
3. In the LMS, click on the file "Submit Property Law assignment” in the Property Law
section of your course and upload your assessment file/s by following the prompts.
4. Please be sure to click “Continue” after clicking “submit”. This ensures your assessor
receives notification – very important!
Declaration of Understanding and Authenticity*
I have read and understood the assessment instructions provided to me in the Learning Management System.
I certify that the attached material is my original work. No other person’s work has been used without due
acknowledgement. I understand that the work submitted may be reproduced and/or communicated for the purpose
of detecting plagiarism.
Student Name*: Date:
* I understand that by typing my name or inserting a digital signature into this box that I agree and am bound by the
above student declaration.

Property Law Assignment 1602

Property Law Assignment 1602
Important assessment information
Aims of this assessment
This assessment covers the application of legal principles in property law.
It requires the completion of a set of questions in relation to:- framework of the Australian legal
system; introduction to interests in real property; and shared and transferred interests in real
property.
Personal property as well as intellectual property (including application, protection and
commercial value) are also covered.
The assessment includes an overall understanding of the way that Australian law operates;
covering legislation and case law. This is explored through the assessment of various business
based scenarios.
It explores the ownership aspects of real property, trust property, personal property and
intellectual property.
Risk management, with relevance to business situations forms the final part of the assessment.
Preparing your responses
Please refer to the beginning of your text book to familiarise yourself with the sections on 'Case
Studies, Scenarios and Problem Questions', and 'How to answer a question'. This will assist you to
formulate your response.
Marking and feedback
This assignment contains 6 assessment activities based upon each of the six chapters of the text.
Each assessment activity contains specific instructions.
This particular assessment forms part of your overall assessment for the following unit of
competency:
 FNSTPB505 Apply legal principles in property law
Grading for this assessment will be deemed “competent” or “not-yet-competent” in line with
specified educational standards under the Australian Qualifications Framework.
What does “competent” mean?
These answers contain relevant and accurate information in response to the question/s with
limited serious errors in fact or application. If incorrect information is contained in an answer, it
Unit: FNSTPB505

Property Law Assignment 1602
must be fundamentally outweighed by the accurate information provided. This will be assessed
against a marking guide provided to assessors for their determination.
What does “not-yet-competent” mean?
This occurs when an assessment does not meet the marking guide standards provided to
assessors. These answers either do not address the question specifically, or are wrong from a
legislative perspective, or are incorrectly applied. Answers that omit to provide a response to any
significant issue (where multiple issues must be addressed in a question) may also be deemed
not-yet-competent. Answers that have faulty reasoning, a poor standard of expression or include
plagiarism may also be deemed not-yet-competent. Please note, additional information regarding
Monarch’s plagiarism policy is contained in the Student Information Guide which can be found
here: http://www.monarch.edu.au/student-info/
What happens if you are deemed not-yet-competent?
In the event you do not achieve competency by your assessor on this assessment, you will be
given one more opportunity to re-submit the assessment after consultation with your Trainer/
Assessor. You will know your assessment is deemed ‘not-yet-competent’ if your grade book in the
Monarch LMS says “NYC” after you have received an email from your assessor advising your
assessment has been graded.
Important: It is your responsibility to ensure your assessment resubmission addresses all areas
deemed unsatisfactory by your assessor. Please note, if you are still unsuccessful in meeting
competency after resubmitting your assessment, you will be required to repeat those units.
In the event that you have concerns about the assessment decision then you can refer to our
Complaints & Appeals process also contained within the Student Information Guide.
Expectations from your assessor when answering different types of assessment questions
Knowledge based questions:
A knowledge based question requires you to clearly identify and cover the key subject matter
areas raised in the question in full as part of the response.
Good luck
Finally, good luck with your learning and assessments and remember your trainers are here to
assist you 
Activity instructions to candidates
 This is an open book assessment activity.
 You are required to read this assessment and answer all 6 questions that follow.
 Please type your answers in the spaces provided.
Assessment Activity 1:
Framework of the Australian Legal System (Chapter 1)
Unit: FNSTPB505

Property Law Assignment 1602
 Please ensure you have read “Important assessment information” at the front of this assessment
 Estimated time for completion of this assessment activity: 2 hours
Question 1.1
What are the two main sources of law in Australia? Which is most powerful? Why?
Question 1.2
Why is precedent important?
Question 1.3
Which tier of government, federal, state or local do you think has the greatest influence/effect on businesses
in the financial services environment? Why?
Question 1.4
Using examples, explain what is meant by 'delegated' or 'subordinate legislation'. Why this type of legislation is
particularly important in ensuing clients are properly advised about business compliance?
Question 1.5
Unit: FNSTPB505
The two main sources of Australian law is common law and statute law. The Statute law is more
powerful as it always prevails over common law. This is because the statute law is the law of body
that is enforced by the nine parliaments that incorporate six states, two territories, and one
commonwealth. For example, State legislation that includes Crimes Act 1958 (Vic) and Goods Act
1958 (Vic). Furthermore, Commonwealth legislation involves Corporations Act 2001 (Cth) and
Competition and Consumer Act 2010 (Cth). Moreover, the parliament has the authority to delegate
their powers of law-making to other bodies such as university councils and local councils. While
common law includes regulations that are developed by the Australian court that involve federal,
territory and state level law. These involve decisions of the Supreme Court, high courts, family courts,
and federal courts (ANZ, 2015).
In Australian common law, the judges can use the rules or the principles formed in solving the previous
similar legal cases. This process is the precedent and it is important because, in similar issues, the
previous decisions made by the common law will act as a guideline for solving similar disputes and
cases.
The state government has the highest influence on the financial service environment because it
encourages investment and subsequently operates fair trade.
In general law, ‘subordinate legislation’ is a term, which explains a legislative instrument that was formed under
the allocated power to the body by the parliament. The legislative power is delegated to a body or an entity so as
to reduce pressure and save parliamentary time, it can be delegated by the parliament so that subordinate
legislation can deal more appropriately with the rapidly changing and uncertain situations. This allocation of power
can also increase speedy actions in case of emergency (Queensland Government, 2018).

Property Law Assignment 1602
Australia's legal system is based on the 'rule of law' central to which is natural justice. How is natural justice
incorporated into our court system?
Question 1.6
Test your knowledge: Complete the following crossword puzzle
Across
1. The lower house of Federal Parliament is the House of……..
2. Criminal law is an example of ……….law.
3. The Council of Australian Governments is also known as ……..
4. Type of law making power under s90 of the Constitution wherein only the Federal parliament has the power
to make law over customs, excise and bounties.
5. Type of law making power under the Constitution wherein only the State parliaments have the power to
make legislation regarding certain subjects.
Down
1. The most powerful form of law is…
2. Law of fairness and good conscience.
3. The power to implement and administer laws.
4. Parties submit their dispute to an impartial third party who will make a decision for the parties to which
they are contractually bound.
5. The foundation of common law is the Doctrine of……
6. Specialised bodies set up by government to hear specific matters.
Unit: FNSTPB505
Natural Justice refers to a technical term that is used against biasness and also the right to ensuring a
fair hearing (Federal Court of Australia, n.d.). In general, the term natural justice and procedural
fairness are used interchangeably but in the Australian court system, the two concepts are used
differently. Natural justice in the Australian court system is directly applicable and the principle of
natural justice outlines the rules that are relevant to the application. Furthermore, natural justice
includes the basic principle that underlines procedural fairness. On the other hand, procedural fairness
incorporates two different rules i.e. against biasness and concentrate on fair hearing.

Property Law Assignment 1602
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Unit: FNSTPB505

Property Law Assignment 1602
Activity instructions to candidates
 This is an open book assessment activity.
 You are required to read this assessment and answer all 7 questions that follow.
 Please type your answers in the spaces provided.
 Please ensure you have read “Important assessment information” at the front of this assessment
 Estimated time for completion of this assessment activity: 2-3 hours
Question 2.1
Midas owns a property in regional Western Australia and is thrilled to have discovered generous veins of gold
and copper in the soil. Do these minerals belong to Midas? Is he free to exploit them as he chooses?
Why or why not?
Question 2.2
What is a fee simple estate?
Assessment Activity 2:
Introduction to Interests in Real Property(Chapter 2)
Unit: FNSTPB505
No, the copper and the gold found in the Midas property in regional Western Australia do not belong to
Midas and he is not free to exploit it even if it is discovered on his property. There are presumptions
that the owner of the land is entitled of all the minerals beneath or on the surface of the land.
However, according to Government of Western Australia (n.d.) all the royal metals such as gold
whether found on private or public property will be owned by the Crown. Therefore, even if the land
was owned by Midas, the gold and the copper found will be entitled to the Crown.
The law realizes fee simple ownership as the highest ownership form in the real estate. Fee simple
estate refers to be the highest ownership considering real estate and in this, the owner enjoys the
property to the full extent where only the limiting factors include the zoning law and other restrictions
of similar types. The duration of fee simple estate is unlimited and thus it can also be passed on to the
following heirs and subsequently on can do whatever one wants to do but it should not break the law
or disturb public welfare. Fee simple estate is also sometimes referred as ‘fee ownership’, ‘absolute
ownership’, and ‘fee simple absolute’ (Hepburn, 2013).

Property Law Assignment 1602
Question 2.3
Ophelia has recently started a new business and intends to use the house she has received from her
grandfather as security for a loan to inject capital into her business. She seeks your advice. Will she be
successful in her loan application? Give reasons for your answer.
Question 2.4
List four advantages of the Torrens System of Land Title. What are the commercial benefits of this system?
Question 2.5
Errol and Flynn are beneficiaries of a trust created by their mother's will. Victor is the trustee of the trust. The
majority of the trust property is land. Both Errol and Flynn are concerned about Victor's recent behaviour as
Unit: FNSTPB505
Yes, Ophelia will be successful in her loan application. This is because keeping the property as security
is the easiest way of securing a loan. The bank will use this property as protection in case Ophelia is
unable to repay the debt. In case if Ophelia in future faces severe financial difficulties due to which she
fails to pay the debt back then the bank can take over the possession of her gifted house so that the
bank can sell it and recover its costs. Using the house as security, its property security and the valuation
of the house will be done by a professional evaluator and subsequently, the loan size will be
determined. This evaluation process will give the lender an idea about what price can be ascertained if
the bank sells the house or the assets.
Torrens system of land title functions on a basic principle that it operates on ‘title by registration’
(REISA, n.d.). This reveals that a buyer can get the title only if he is first registered and not when he first
buys the land and then goes for registration later.
The four advantages and the commercial benefits of Torren system are firstly conclusive evidence of
ownership, it refers to the principle of indefeasibility as the government holds all the records regarding
land titles and also the government is responsible for preserving and cataloguing them. Furthermore,
the buyers are also guaranteed about the land purchase as it is mentioned and described in the title.
The second advantage includes the facility to transfer, which is the process where the title owner owns
the right to transfer ownership to the other in an easy way. Likewise, the third advantage includes
compulsory registration of titles, wherein all the ownership titles are registered within the
government’s land registry system. This rule ensures that all the accurate records regarding the land
ownership are recorded and preserved. Furthermore, the fourth advantage is an assurance fund in case
if the owner suffers any kind of financial loss because of the errors in the recording system and then
compensation is given to the owner for such loss.

Property Law Assignment 1602
trustee and are unsure if he is acting in their best interests. What could they do to protect their interest in the
trust property? Why?
Question 2.6
Jesse owns a mixed business commercial property next door to Benji's Pizzeria. As an advertising promotion,
Benji has fixed a 60m inflatable pizza on a line at the end of a 90m pole which blows in the wind, both over
Benji's Pizzeria and over the car park of Jesse's property. Jesse wants this intrusion stopped. Advise Jesse.
Question 2.7
Using examples, define a chose in possession.
Unit: FNSTPB505
Errol and Flynn as beneficiaries have the right to action through which they can request Victor for a
special accounting in case they suspect a problem on his role. After the special accounting, if Victor is
found to have violated any rules and responsibilities during documentation then Errol and Flynn have
the right to take legal actions.
Based on property rights Jesse can defend Benji, the intruder. There is a law that specifically deals with
such issues of home invasion and subsequently, the protection given can be such that Jesse can even
take legal actions against Benji’s Pizzeria. These laws are basically originated from old-common law,
which is the ‘castle doctrine.’
Chose in possession is the opposite of choose in action. It is giving actual possession of a property or a
right of ownership in person. All the proprietary rights whenever chosen in possession then it infer that
the claimant’s possession is right. For example, the money a person has in his purse refers to chose in
possession while the money a debtor has to pay him will be a chose in action.

Property Law Assignment 1602
Activity
instructions to candidates
 This is an open book assessment activity.
 You are required to read this assessment and answer all 6 questions that follow.
 Please type your answers in the spaces provided.
 Please ensure you have read “Important assessment information” at the front of this assessment
 Estimated time for completion of this assessment activity: 2-3 hours
Question 3.1
What is the difference between holding land as joint tenants and holding land as tenants in common? How
would you explain this difference to a client?
Question 3.2
Shenzi, Timon and Nala are cousins and joint tenants in a property left to them by their grandmother in her
will. Shenzi is your client and is in substantial debt. She tells you that she wants to sell the property and use the
funds to reduce her debt but Timon and Nala do not agree. Schenzi tells you that she is going to go ahead and
sell her share of the property anyway. Can she legally do so? Advise Shenzi of any options she may have.
Question 3.3
Bella, Rosalie and Alice are clients who have set up a partnership as florists. Their business is thriving, and they
no longer wish to rent retail premises, but buy their own. They have found an appropriate shop, and
Assessment Activity 3:
Shared and Transferred Interests in Real Property(Chapter 3)
Unit: FNSTPB505
Joint Tenants: Holding land in a joint tenant means that two or more people will have an undivided
share over the land. On the contrary, holding land as a tenant in common and in that the co-owners of
the property have distinct and separate shares, which they can mortgage or sell. Whenever one of the
co-owners dies the next owner of the property will directly be the Heir of A, according to the law of
Intestacy.
Whenever the case is of selling a joint tenant property and the co-owners do not agree upon sale then
the person i.e. Shenzi can file a partition lawsuit to force its sale. In this lawsuit, the court will make an
order for sale of the property and then divide it accordingly. However, the court provides a chance for
the co-owners to cooperate before enforcing the partition.

Property Law Assignment 1602
settlement is in one month. They seek your advice as to whether they should co-own as joint tenants or
tenants in common. Advise them, giving reasons for your answer.
Question 3.4
Edward, a client, has recently bought land in Sydney on which he intends to build an office building. His
architect has informed him that the placement of the building on the block is limited because of an easement
on the land held by Sydney Water. Explain to Edward what that means.
Question 3.5
Priya has recently bought a strata title unit in South Australia and her brother Gani, has bought a strata title
unit in Victoria. Is there any difference in the boundaries of what they own under the strata title system in the
two states?
Question 3.6
Margaret intends that her property development will maintain its value and character. She wishes to set limits
on the design of the residential buildings and the materials to be used, and to have these limits apply well after
she has moved on to other projects. What legal process would you recommend she use? Why?
Unit: FNSTPB505
Based on the common law there are four types of easement i.e. right-of-way, easement of air and light,
easement of support, and rights to artificial waterways. An easement refers to a non-possessory right
for using and entering into the real property of A by B without possessing the property. For example,
Jack has four acres of land and Jenny decides to buy a patch on it to build a house, certainly she will
negotiate an easement so that she can get a driveway from the highway or the main road to her house.
The difference between the two stratas bought by Priya and Gani is that, the strata title unit bought by
Priya in South Australia includes the boundaries of that unit, which are well-defined on the grounds of
the structural division of the building and not on the reference of land. On the other hand, the strata
title unit owned by Gani in Victoria makes him a part owner of the surrounded common area such as
entrance, car parks, and lobbies along with the ownership of the apartment.
The advice would be that Bella, Rosalie, and Alice can co-own the shop as tenants in common because the total
shares will be already divided and every share in the property that each one holds will have the complete right
to the property. This means that if Bella holds 25% then she will have a complete right over that percentage of
share.
Legally, Margaret can implement her wish under the Building Act 1993, which governs the building
activities. This law will set a legislative framework that can regulate building construction, standards
along with the maintenance of specific features of the building regarding safety, value, and character.

Property Law Assignment 1602
Assessment Activity 4:
Personal Property (Chapter 4)
Activity instructions to candidates
 This is an open book assessment activity.
 You are required to read this assessment and answer all 6 questions that follow.
 Please type your answers in the spaces provided.
 Please ensure you have read “Important assessment information” at the front of this assessment
 Estimated time for completion of this assessment activity: 2-3 hours
Question 4.1
Kamani has entered into a contract with Piotr, a plumber to install a series of replacement pipes at her cafe.
Will this contract be considered a contract for the sale of goods? Give reasons for your answer.
Question 4.2
Willow owns and operates a shop selling books and gifts, 'All the World's a Page' in Paddington, Sydney.
Willow supplies books both as a wholesaler and retailer. On Monday, Dawn attended at the shop and chose
and purchased 7 books. Dawn was also interested in purchasing a small display case but the only one available
was in pieces in a box and required construction. Willow agreed that if Dawn wished to purchase and pay for
the display case immediately, she would construct the display case and Dawn could collect it on Tuesday.
Dawn agreed and decided she would also collect the books the next day.
On Monday, Willow also received an order for 22 copies of the book 'Masterchef the Musical', from Buffy, the
owner of a book shop in Parramatta. The 22 books were dispatched in Willow's delivery truck with a further 70
'Masterchef the Musical' books to fill two other orders in Parramatta.
Unfortunately, on Monday night, an electrical fault in the shop next door caused a fire which spread to , 'All
the World's a Page' and the shop and its contents were destroyed. Dawn arrived to collect the 7 books and the
display case on Tuesday morning, but finding them destroyed, demanded the return of her money. Willow
refused.
Unit: FNSTPB505
No, this contract cannot be considered as a contract for the sale of goods. This is because the
agreement was made on the basis of installing a series of replacement of pipes and not on the sale of
goods.

Property Law Assignment 1602
In a further blow, the delivery truck was involved in an accident causing great damage to the books. When
Buffy finally received the books she refused to accept them because of their seriously damaged condition, and
refused to pay for the order, insisting that it was not her loss to bear.
Willow is your client and seeks your advice as to who must bear the loss of the various goods.
Give reasons for your conclusions.
Question 4.3
Seth is a client who operates a sporting goods shop, 'Life's a Ball'. Seth has recently visited his regular supplier
and purchased what he believed to be 20 full size netball rings to sell to customers in his shop. He attended at
his supplier's warehouse and chose the netball rings relying on the description on the boxes in which they
were contained and also on the recommendation of the supplier who stated that they were suitable for all
adult netball competitions. On unpacking one to put on display Seth discovers that it is a 'junior' size only, a full
metre smaller than full size.
The supplier also showed Seth a sample of a new cricket top which was made from a fabric the same colour
and weave as the uniforms of the Australian cricket team. Seth believes the tops will sell well and orders 50 in
various sizes. When they are delivered to Seth's shop a week later, they are a slightly different colour and a
very different weave from the sample.
Seth seeks your advice as to what action he may take. Give reasons for your recommendations.
Unit: FNSTPB505
Under the law of Australia, Seth can sue the supplier under deceptive and misleading conduct. A wide
restriction has been made against misleading conduct in trade. Similarly, the supplier described
another product while the product was different from what was being delivered. Thus, Seth can sue
under Section 18(1) of Australian Consumer Law.
The second scenario is a fraud case because the supplier showed another material before the order and
then delivered another material after the order. Thus, Seth can also take legal action against the
supplier in the fraud case and also can return the goods.
In this case, Willow is liable to return Dawn’s money because Willow is unable to deliver the goods and
although the sale was performed, the ownership of the good was not yet transferred by the Willow to
the Dawn.
Furthermore, in case of damage of goods while transit the seller and the buyer along with the private
carrier will be responsible. As the delivery carrier also belonged to Willow, thus Willow is 70%
responsible for the damages. According to the Australian law section 25 of the Goods Act 1958 (Vic)
(Act) states that “Unless otherwise agreed the goods remain at the seller’s risk until the property therein
is transferred to the buyer, but when the property therein is transferred to the buyer the goods are at
the buyer’s risk whether delivery has been made or not…” (Rigby Cooke Lawyers, 2016). However, here
both Willow and Buffy are responsible for the loss.

Property Law Assignment 1602
Question 4.4
What is the purpose of the national Personal Property securities register? What are its advantages?
Question 4.5
To what contracts does the Vienna Convention apply?
Question 4.6
Estelle owns a large concreting business as a sole trader. The business operates ten concreting trucks, each
worth approximately $200,000, five of which Estelle holds freehold. Estelle would like to expand the business
further but to do so she requires further capital and is reluctant to mortgage her home. What would you
advise her to do?
Unit: FNSTPB505
The Vienna Convention applies when the contract is concerned with international law or the treaties
between the states. It is applied so as to perform a uniform regulation that can eradicate legal barriers
between states and promotes international trade development.
The purpose of the national Personal Property securities register is to facilitate information to help and
protect the consumers during the time when they buy personal property that includes car or buildings.
The advantages include increased certainty, digital enablement, and better access to credit.
Estelle should mortgage some of her truck equivalent to receiving a loan that can help her expand her
business than mortgaging her home.

Property Law Assignment 1602
Activity instructions to candidates
 This is an open book assessment activity.
 You are required to read this assessment and answer all 6 questions that follow.
 Please type your answers in the spaces provided.
 Please ensure you have read “Important assessment information” at the front of this assessment
 Estimated time for completion of this assessment activity: 2 - 3 hours
Question 5.1
When does copyright 'subsist' or come into existence? How is copyright a valuable asset in business?
Question 5.2
Daya was employed as an IT specialist in a large firm providing accounting and financial services. Daya did not
find her job very challenging and so, acting under her own initiative she created a new software program
which streamlined the assessment of customer needs, risk profiles and service provision. The program was
successfully adopted by the whole firm. It is now six months later and Daya has resigned to set up her own
business producing and marketing the software program she has created.
Assessment Activity 5:
Intellectual Property:
Application ,Protection and Commercial Value (Chapter 5)
Unit: FNSTPB505
Copyright comes into effect when it is generally owned by individuals who create the work with
some exception. In a business, a copyright is owned by an employer when an employee creates a
specific work of expression.
Copyright is a valuable asset as it is the component of an intellectual property right. Furthermore,
the owner of the copyright has certain privileges over his/her works such as reproduction rights,
modification rights, distribution rights, public display rights, and public performance rights.
In Australia, in general rule, it is mentioned that the employer is entitled to earn the intellectual property
invented by his employees during the course of employment. In this case initially, when Daya invented the
software, by law she owned the software and not by the employer because she was not appointed to create
software thus it does not include in the employment course. However, the company had the right to take
disciplinary actions against Daya. In this case, the software was then being utilized by the entire firm before
Daya resigned. Thus, the property now becomes the intellectual property of the company therefore despite it
being created by Daya she has no right to produce and market it (Business Queensland, 2018).

Property Law Assignment 1602
Discuss the issues raised by these circumstances.
Question 5.3
What principle was illustrated by the case of Meskenas v ACP Publishing Pty Ltd (2006) FMCA 1136?
Question 5.4
What happens to the invention once a standard patent or an innovation patent has expired?
Question 5.5
What remedies may be sought by the owner of a trademark that has been infringed?
Question 5.6
What action would you advise a prudent business client to take to minimise the risk of breach of confidence
taking place?
Unit: FNSTPB505
In the case of Meskenas v ACP Publishing Pty Ltd (2006) FMCA 1136, the defendant the original
photographer has the right to demand an apology for the creation of misattribution. In such case when
one person’s work is published in the name of another person then under section 193, the right of
prima facie was breached. The court also considered such actions as the primary damage of the original
photographer whose moral rights were infringed as this was the case where the publication house
infringed the copyright of the applicants.
A standard patent provides a long-term control and protection over invention. The duration of the
standard patent can be up to 20 years or even more than that. Innovation patent basically lasts for
eight years and are designed to facilitate protection to certain inventions that fail to meet the inventive
threshold that is required for getting a standard patent. Whenever an innovation patent or a standard
patent expires the invention can be copied by anyone and can even sell it.
The remedies that are available to the owners in case their trademark is infringed include that the
owner of the trademark can sue the infringer in Australian federal court. This is because when the
enforcement of action becomes successful, the court will order an injunction that is to stop the action
of making, using and selling the infringing product. Moreover, another remedy available is that the
court can order for financial penalties calculated via overall damages to be paid to the owner by the
infringer.

Property Law Assignment 1602
Unit: FNSTPB505

Property Law Assignment 1602
Activity instructions to candidates
 This is an open book assessment activity.
 You are required to read this assessment and answer all 7 questions that follow.
 Please type your answers in the spaces provided.
 Please ensure you have read “Important assessment information” at the front of this assessment
 Estimated time for completion of this assessment activity: 2-3 hours
Question 6.1
What are the uniform matters which are set out in the Civil Liability Acts for establishing the required standard
of care in a particular situation?
Question 6.2
What risk management practices would you advise a business client to put in place to minimise the likelihood
of negligence occurring in the course of their business activities?
Assessment Activity 6:
Property and Managing Risk (Chapter 6)
Unit: FNSTPB505
The uniform matters that are set in the Civil Liability Acts are Tort, which basically explains that a wrong
is done by one person to the other. Tort law specifically safeguards the rights of a person towards
considering property and person against infringement. The types of tort incorporate defamation,
trespass, nuisance, and negligence. In order to establish a standard for ensuring care in a particular
situation, the law states that whenever an injury is caused due to the failure of one person to take care
of the other then the remedy is to be provided such as monetary compensation. For example, in the
case of negligence there are various Civil law acts applicable so as to ensure care in specific situations.
Risk management practices can be successful in reducing risk but the organisation should have an
abundant understanding of negligence and its impacts along with how it can be mitigated. Negligence
can occur when the organisation or the manager fail for performing a reasonable task, and thus it can
arise due to the carelessness of act or improper action. The risk management practice that can be
implemented in any business should include certain steps for reducing risks. The steps include firstly
identifying the risk and it can be done by examining past, ongoing and future events and risk. The
second step includes the analysis of the risk such as monitoring competitors and the risk levels. The
third step includes evaluating the risks, against the risk criteria and its effects along with the analysis
of the cost incurred for treatment of the risk. This risk management strategy can help the
organisation to minimise risk.

Property Law Assignment 1602
Question 6.3
What must a defendant establish to successfully rely on the defence of volenti non fit injuria?
Question 6.4
A client, Dennis, a developer, has recently purchased two vacant blocks of land beside each other in a newly
subdivided area. He commences building two townhouses for investment purposes. There is a vacant block
beside the blocks he is developing and to make it easier to work on his own sites, equipment and materials are
stored on that site. Sometimes it is also used as a car park by his workers. Dennis has now received a letter
from the owner of the vacant block threatening legal action against him. Explain to Dennis the likely nature of
the legal action, why he may be liable and the possible consequences.
Question 6.5
Chantelle is an engineer whose core business is the design and construction of prototype products on a project
basis. The business is run from workshop and office premises which Chantelle rents. When a client attends the
workshop for a scheduled meeting, poorly stored materials collapse, causing the client serious injury.
Chantelle will be liable for her client's injury because of:
Question 6.6
Unit: FNSTPB505
volenti non fit injuria falls under the doctrine of common law and it explains that whenever an
individual place themselves with an intention to get harm from the other knowing that harm can
definitely be caused then the willingly done act cannot be considered to claim the other party. These
are the cases when the plaintiff voluntarily wants harm to be caused upon him thus for such there are
no remedy and the defence can defend successfully. As a defendant to be successful two significant
elements are to be proved that include that the plaintiff was aware of the risk and willingly he
participated to get harm.
Dennis has used the land without the consent of the owner of the land. Therefore, the owner has sent
a letter to stop using it. However, Dennis should stop using it because the next step of the owner can
be legal actions, which can be the filing of a civil case. The owner has the right to sue Dennis for his
infringement action. Dennis is liable for penalties under the rights facilitated by the private property
law. Dennis will be liable for the negligence and this will be a civil matter as Dennis owed a ‘duty of
care’ but he breached so thus he will have to pay compensations.
Chantelle is liable for the client’s injury because according to the Australian law Negligence is a breach.
Chantelle has violated the law of duty of care. Thus this violation makes Chantelle responsible for the
client’s injury due to the collapse of poorly managed materials.

Property Law Assignment 1602
What kind of damages did the Civil Liability Acts limit across the jurisdictions?
Question 6.7
Aladdin wanted to buy a second retail business which included the purchase of the property from which the
business operated. Aladdin therefore sought the advice of Jasmine, an accountant and business adviser
employed by Jafar Consulting. Jasmine advised Aladdin to take advantage of the public's huge interest in home
improvement and purchase the Old Lamp Hardware Shop. Jasmine told Aladdin that the business was very
financially successful and had been for 20 years. Jasmine also told Aladdin that the land upon which the
business was operating could easily be subdivided so that Aladdin could build and lease out further retail
premises. Aladdin, relying on Jasmine's advice, purchased the land and business for $1.8million.
Sadly for Aladdin, after 6 months, the Old Lamp Hardware Shop is losing money. Aladdin has lost the purchase
price and has had to mortgage the land to keep trading. An enormous new Bunnings Hardware store opened
across the road 2 months after Aladdin had bought the Old Lamp Hardware Store. Aladdin had discovered that
this, together with two years of poor financial performance is why the previous owners were selling. Aladdin
has also discovered this was common knowledge in the hardware and retail industry and that Jasmine should
have known this. Aladdin has also discovered that subdivision of the land is not permitted under current
planning laws.
Aladdin contacted Jasmine and demanded a meeting. Jasmine went to meet Aladdin at the Old Lamp
Hardware Shop but on entering she slipped over on a scattering of loose nails which had fallen from their
display 4 hours earlier. Unfortunately, whilst another person may simply have been bruised, Jasmine has
suffered fractures to both ankles and hips and one of her wrists because of a pre-existing bone condition of
which Aladdin was unaware. Aladdin does not think he should be held liable for Jasmine's injuries.
In the circumstances, what insurance would have been commercially and legally useful to Aladdin, Jafar
Consulting and Jasmine? Give reasons for your answer.
Unit: FNSTPB505
There are certain damages that cannot be claimed under the Civil Liability Acts include Motor
accidents, illness related to tobacco and work-related injuries as it is to be solved through workers
compensation payment.
In this case, considering the fall of Jasmine was due to Aladdin’s breach of the duty of care. Thus he is
liable to pay for her injuries. However, Commercial insurance would have been helpful in this case.
Apart from it before making decisions accounting of a company’s health insurance would have been
beneficial. Furthermore, they would have also claimed for business insurance of past years.
The business interruption insurance and professional liability insurance would have been legally useful
to Aladdin and Jafar consulting respectively. Subsequently, health insurance Australia would have
legally facilitated Jasmine.

Property Law Assignment 1602
References
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Unit: FNSTPB505