Legal Research and Writing for Professionals

This assignment delves into the intricacies of legal research and writing within an Australian context. Students are tasked with analyzing various sources, including academic journals, online publications, and government documents. Key themes explored encompass ethical obligations towards clients, effective communication strategies, compliance requirements for businesses, and the transfer of land property. The assignment emphasizes practical application by requiring students to synthesize information and formulate concise, well-structured legal arguments.

BSBCNV504 Prepare
legal documents

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
1 Techniques to have and effective communication to client in context with advising and
recommending them...............................................................................................................1
2 Identifying the source documents for running the business................................................1
3 Determining as if any other regulatory body related with the business..............................2
4 Identifying the method of invoicing compliance followed in organisation........................3
5 Evaluating the method of filing and archiving get completed in the firm as well as analysing
the compliance requirements in files......................................................................................3
6 Evaluating the ways to notify the clients regarding the completion of their transactions...4
7 Analysing the procedure for checking the information in the organisation........................5
8 Stating the term authority to proceed a confirmation notice...............................................6
9 Analysing the regulatory requirements is adhered to organisational performance.............7
10 Meeting the statutory timelines with the help of several ramification..............................7
11 Implication of the effective internal control system for better management.....................7
12 Implication of the code of practice in work place.............................................................8
13 The implication of the new code of practice and its interpretation...................................8
14 Managing the up to date knowledge in relation with Australian Financial Services........9
15 Compliance resolution will be by the professional organisational association...............10
16 Method of dealing with the required changes in industry...............................................10
17 CPD requirements in an organisation..............................................................................10
18 Endorsement of cheque under title “Paid under Protest”................................................11
19 The disclosure statement under section 32......................................................................11
20 Signing the contract of sale as a purchaser......................................................................11
21 Presenting the opinion.....................................................................................................12
22 Acquisition of the property by Sam's girlfriend- legal approval.....................................12
23 New Zealand vs Australian law.......................................................................................13
24 Policies and procedure of dispute resolution...................................................................13
25 Analysing the resolution process.....................................................................................14
26 Original Title and Duplicate title before invention of computer titles............................15

27 Lot entitlement and lot liability.......................................................................................15
28 Identifying the law which will be used to transfer the old law to the Transfer of Land Act
..............................................................................................................................................16
29 Defining Transmission Application................................................................................16
30 Defining survivorship application...................................................................................17
31 Presenting the meaning of sequestration order................................................................19
32 Acceptance of offer via post............................................................................................20
33 Condition Precedent........................................................................................................20
34 Implication of the commercial software package to monitor the compliances in the industry
..............................................................................................................................................21
35 Determination of the fees, taxes and rebates which will be advised to the client...........21
36 Analysing the statement becomes the term of contract...................................................22
37 Determining the difference between condition and warranty.........................................22
38 Determining the nomination form...................................................................................23
W1. What are the six aspects of a contract that makes it valid or enforceable? Who oversees
Conveyancing in your state and what legislation is in place to protect the consumer?.........1
W2 Analysing the terms and conditions stated in the section 5 of FHOG ............................2
W3 determining the policies and procedures in the organisation while changes incurred in the
operations...............................................................................................................................2
W4 Determining the common law.........................................................................................2
W5 difference between business conveyance and property conveyance...............................3
REFERENCES................................................................................................................................4

INTRODUCTION
The requirement of legal documents in the business operations is the prime tasks of the
business which will be helpful in terms of enhancing the profitability, efficiency and liquidity of
the firm. It will also be beneficial for managing the adequate relationship with the clients.
However, in the present report there will be study over various organisational issues such as
drafting invoices, taking the payments to the clients, making the healthy communication with
consumers etc. The report is also very helpful in terms of identifying the legal and ethical
methods of resolving the industrial conflicts. In relation with implicating the internal control
systems in the organisation there are several areas which will be improved. It consistent of
various policies and procedures that will be helpful for enhancing the organisational efficiency
1 Techniques to have and effective communication to client in context with advising and
recommending them.
By considering the adequate technique to have the fruitful deals with the clients or with
lawyers there are various elements which are needed to be analysed by a person. There is need to
overcome with the lack of courtesy and poor communication which will be effective in terms of
facilitating the legal solution to them. However, there are several barriers while communicating
such as lawyer usually direct addresses the issues due to lack of time and their priorities to reach
to the outcomes. They present their own knowledge and intelligence without analysing the client
and they treated them granted as well as they does not take feedbacks from clients which will be
cruel and non-delegate behaviour (Communicating with your Client, 2012). However, in order to
overcome with such issues there is need to have effective techniques and communicational skills
which will help in developing the trust in the people so it becomes easy to conveyance them to
analyse the legal advices (Baumann, Le Meunier-FitzHugh and Wilson, 2017).
2 Identifying the source documents for running the business
To have a legal or ethical look to the operations of the business there is need to have
necessary documents. However, there are various process such as offer, acceptance,
consideration, duration etc. these are the necessary things which are need to be stated in a legal
document (Ackerman and et.al., 2017). Thus, in relation with the source documents there will be
requirement of several documents such as:
1. Bank statements
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2. Deposits/ Withdrawal books
3. Cheque books
4. Purchase/ Sale invoices
5. Employee pay advice with superannuation contribution
6. Operational transaction statements
7. Stocktake records
8. Record of sale and disposal of assets
3 Determining as if any other regulatory body related with the business
To have the influences of various parties and other regulatory bodies in the business
which are highly affecting the industrial transactions. It will be affective in terms of undertaking
the work of the entity (Conducting Business in Australia: Regulatory Bodies, 2012). However,
there are several regulatory bodies which are affecting the overall operations in an organisation
such as:
 Australian Securities and investment commission (ASIC)
 Australian Competition and Consumer Commission (ACCC)
 Australian Securities Exchange (ASX)
 Australian Taxation Office (ATO)
 Foreign Investment Review Board (FIRB)
 Australian transaction reports and analysis centre (AUSTRAC)
 Clear Energy Regulatory (Charter ed., 2017)
 Australian Communication and Media Authority (ACMA)
4 Identifying the method of invoicing compliance followed in organisation
There are some techniques which will be helpful to the professionals in the firm in terms
of acquiring the overdue and late payments made by clients (Einkamerer and Maqbool, 2017).
However, there are procedure which will be helpful to the professionals in having the payments
of the products and services they have facilitated to the clients such as:
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Polite Reminder: In relation with this technique here the first reminder must be given to
the client at the completion of 15 days or 2 weeks which will be polite request or reminder.
However, it can be through email, calls or a text message etc. (Hawrysz and Maj, 2017).
Personal contact: The personal interaction of a professional with the client will be after
completion of a month (Smulders and Evans, 2017). Therefore, the meeting will have positive
and negative impacts in the mind and it will motivate a person to make the payments. Moreover,
here the clients personally have the invoice of the transactions.
Persistent Follow-Up: The reminder is sent by a person after the completion of a month
it is necessary to send a follow-up notice on the same day or after two days. It is the most
conveyancing and satisfactory for the professional as they do not have to wait fro the payments
of regularly checking their mails (Bliese and et.al., 2017). Thus, it will be beneficial to give the
adequate reminder to the clients.
Collection and Acceptance: After delivering many reminders on the invoices that have
been due till date. Now, this is the situation where the client made payment of refuses to make
payments (How to Follow Up When A Client Doesn’t Pay An Invoice, 2017). Therefore, here the
professionals have to call the client and make a firm reminder.
Regroup and Revise: There is need to analyse the new technique or method of having
the payments of the products and services the professionals has dealt with clients (Osminer and
Gazdzinski, Time Warner Cable Enterprises, 2017). Therefore, it is essential to analyse such
battle of receiving the payments which will not been happened again.
5 Evaluating the method of filing and archiving get completed in the firm as well as analysing
the compliance requirements in files
In relation with keeping the record of all the transaction and the stakeholders of the firm
it is necessary to develop the record keeping system in the organisation. However, there has been
influence of various laws which will be helpful in terms of keeping the records such as ATO,
ASIC etc. Thus, ASIC keeps the financial records of the organisation which will be regulatory
index- financial reporting that breaks reporting requirements down by industrial type (Schneider,
Sparks and Yerkovich, 2017). Moreover, there are several basic records which are need to be
kept by the business such as:
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1. Keeping records in the cash book or the financial accounts
2. Maintaining the proper transactional records in the bank accounts such as cheques,
deposits/ withdrawals and bank statements (Basic record keeping requirements, 2017).
3. For the internal management there is need to keep records of employment such as
working hours, superannuation benefits, termination or recruitment of the employees,
leaves, bonus, incentives, personal contacts etc. (Eskandari and et.al., 2018)
4. There is need to keep the record of all the occupational training and development
program which will be helpful in facilitating the adequate knowledge and information
regarding the job (Bahli and Rivard, 2017).
5. For the personal reviews this is necessary to keep the record of all the sale and
transactions made in the organisation such as invoice books, receipts books, cash register
tapes, trade receivables etc. (Scott, 2017).
6 Evaluating the ways to notify the clients regarding the completion of their transactions
To notify the clients regarding the completion of their transactions there are certain ways
which will be helpful for venture such as:
 The products and services which has been offered to the client need to be mentioned in
the documents like draft or bills which must contains all the necessary details such as
quality, quantity, time, date, buyer's name and address etc.
 To retain the interest of the consumers in the organisation of develop a loyalty in their
mind there is need to offer the bonus to them which may be in products or services
(Melchers and Beck, 2017).
 If the business is operating on the online segmentation there is need to facilitate the
tracking information such as shipment of the products and duration of travelling till it
reaches to their hands (Pickup and et.al., 2017).
 They must be notified with the terms and conditions of the organisation which will be
helpful to the firm in context with timely have the payments for the operations. On the
other side, it will also determine the general terms of use, tax payments, refunds and the
membership schemes in the business (Agrawal, 2017).
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7 Analysing the procedure for checking the information in the organisation
To ascertain the accuracy of the information and documents presented in the business
there are several techniques followed by various departments. Therefore, internal control and
monitoring of the business activities is quite an essential tool for enhancing the growth of firm
(Loomis III, Ma and Muchsel, Maxim Integrated Products Inc, 2018). Thus, in order to facilitate
the accurate information which will be based on authenticate checks there are several elements
which need to be determined such as:
Authorised Representatives: The jobs and duties are assign to the team which are
committed to industrial performance and make the adequate business decision (McCaffery and
Dorling, 2017). There is need to justify the scope of authority which will be helpful in
monitoring the business procedures.
Client Services: In relation with engaging the consumers to the entity there is need to
develop or design an internal or external control system. It will be helpful in arranging the
compensation and the licensing conditions of the business (Chiwamit, Modell and Scapens,
2017).
Corporate Governance: To have the strong corporate governance there are various
policies and procedures which will be helpful to the entity. It includes rules and regulations
which will be helpful in resolving the conflicts, Anti-Hawking, confidentiality as well as
managing the outsourcing services for the organisation (Turner, 2018).
Financial management: It includes the management of financial resources of the
organisation which will through ascertaining the cash flow position of the firm as well as
consistent examination of the financial viability (Compliance documentation, 2018).
Human Resource: It will be helpful to the entity as if the managerial professionals
analyse the costs and duration required in developing an individual to perform the operational
tasks (Baumann, Le Meunier-FitzHugh and Wilson, 2017). However, it includes, recruitment,
training and development, pay scale, working conditions, hours of shifts etc.
Information technology: To compete in the today's world it is becoming a trend to keep
the maximum records over the sites and in computer devices (Melchers and Beck, 2017). Thus, it
is necessary to install the updated devices, software and hardware which are capable of keeping
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the maximum records of the operations. There should be appropriate network security which will
keep all the data secure and confidential.
Industrial capacities: It will be based on the level of operations performed by the entity
which determine the requirement of funds for its functioning in the competitive environment
(Ackerman and et.al., 2017).
Risk Management: This can be ascertain on the basis of capacity of firm. Thus, it can be
said that the level of risks are associated with the level of operations made by firm. These are
mainly relevant with the investments made by the firm or by the stakeholders (Schneider, Sparks
and Yerkovich, 2017). Moreover, in relation with cover such risks there is need to organise the
staff meeting, training courses and various activities which will be helpful in enhancing the
organisational performance.
8 Stating the term authority to proceed a confirmation notice
It is a formal confirmation document which will be essential to the business as well as for
the clients of the organisation. It is needed to be signed by both the parties which will have no
authority from the clients to proceed with recommendation and no defence at the time of
complains. On the other side it can be said that all the parties including advisers need to sign the
authority to proceed with proper details (Charter ed., 2017). Thus, if a client accepts the
recommendation then it will be a responsibility of the business to tell them to fill the authority to
proceed form which includes the signature over:
 The documents relevant with the financial details which are need to be correct and
authenticate.
 The provision of the privacy statements need to be understand and considered (Eskandari
and et.al., 2018).
 Thus, after understanding the required documents there is need to reduce the amount of
insurance cover and advise them to sign over such documents.
9 Analysing the regulatory requirements is adhered to organisational performance
To establish an effective policy and procedure which will be helpful in managing and
monitoring the work there are several steps which are need to be followed by the professionals
such as:
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 The developed policy and procedure need to be discussion among the divisional leaders
to ensure its feasibilities for each units in the organisation (Scott, 2017).
 There is need to design the adequate appropriate format of policy for the various kinds of
audiences (Einkamerer and Maqbool, 2017).
 Developing the accessibilities of such polices and procedure among the internal
stakeholders such as employees, managers etc.
 The acknowledgement of such policies must be based on the deadlines (Bahli and Rivard,
2017).
 Facilitating the most satisfactory way to employees to understand such policies and
procedures.
10 Meeting the statutory timelines with the help of several ramification
In consideration with initiating the business operations there will be requirement legal
documents and procedures which will be fruitful for the growth of the business (Pickup and
et.al., 2017). However, if the business does not include the regulatory in the daily practices than
they have to face some serious penalties which will affect the operational aspects. Therefore, the
influence of the adequate regulations which will be helpful in monitoring the business operations
as well as bringing the favourable financial stability techniques in the firm.
11 Implication of the effective internal control system for better management
In relation with implicating the internal control systems in the organisation there are
several areas which will be improved. It consistent of various policies and procedures that will be
helpful for enhancing the organisational efficiency (Osminer and Gazdzinski, Time Warner
Cable Enterprises, 2017). Moreover, the application of such technique in the daily functioning of
the organisation there will be presentation of reliable financial data set, influence of various laws
and regulations as well as have an effective operational activities. Thus, the reasonable assurance
is consists of two factors such as:
 The costs of firm's internal control must not exceed and except the gains (Loomis III, Ma
and Muchsel, Maxim Integrated Products Inc, 2018).
 There is need to have proper control over the liabilities which will limits the internal
control.
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However, the motive of professionals in providing in the adequate control system is to
have better financial stability as well as favourable decision making. Thus, the managerial
professional will become able to have the adequate revenue gathering and better allocation of the
costs in the business operations.
12 Implication of the code of practice in work place.
These are the guidance which were being facilitated to the professionals or employees of
an organisation in relation with having the appropriate cure and care of their health. To develop a
healthy environment there are various methods and techniques which are fruitful for operating
the business activities. However, it includes the satisfactory training and development program to
the employees which are conducted by the HR staff manager, supervisors, owners and various
departmental heads or leaders. However, it will be beneficial in terms of enhancing the better
operational practices in the premises as well as it prevents the employees from serious health
issues.
13 The implication of the new code of practice and its interpretation
To implement the new code of practice and guidelines there are several professionals in
the organisation which are responsible for interpreting such changes to the employees. It is
necessary to bring the health and safety awareness among the employees and professionals in the
organisation which will be helpful for building the healthy environment. Moreover, ASIC will
have responsibilities in terms of introducing the new security changes to the organisations as
well as bound the managers, HR or relevant stakeholders to provide such information to the
employees of the corporation. The training and educational program need to be scheduled in
accordance with the new code of practice as well as health and safety guidelines to employees.
14 Managing the up to date knowledge in relation with Australian Financial Services
To improve the financial knowledge in the accounting professionals of the organisation
there is need to learn various skills and techniques. Therefore, for the individual other than
accounting professionals will be beneficial in terms of having the satisfactory knowledge of the
accounting, taxation and various financial operations. It will be helpful in terms of funnelling the
person to keep the records of all the transaction in the books, managing cash flows, creating
invoices, inventory management etc. which will be helpful to them in terms of analysing the
financial health of the business as well as the taxable payment are need to be made by the entity.
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Moreover, there are various sources to whom the business will facilitate the disclosure
information such as:
The Australian Prudential Regulatory Authority:
These are the financial institutions which are executing the financial operations of the
industry. It includes the various financial bodies such as Building societies, oversees banks,
credit unions, reinsurance companies as well as general insurance entities. However, it mainly
includes the insurance organisation like life insurance, health insurance and for the employees
there will be superannuation services etc. These authorities are very helpful in terms of analysing
the individual needs and bring them the sufficient financial cover.
Australian Securities and Investments Commission
These are the organisations which are facilitating the most adequate accurate security
trading facilities. It presents the real time value of the equity on the domestic financial market.
Therefore, it will be fruitful in terms of having the adequate revenue gathering as well as capital
stability in an organisation. The motive of this regulatory authority is to maintain the financial
market and have the disclosure of all the organisations. It is also a good platform for investors to
analyse and make their equity investments in the organisation.
Reserve bank of Australia
This is the legal authority who facilitates the banknotes and manages the monetary
system in Australia. This bank provides services to government of Australia as well as other
central banks and official financial institutions. Thus, it is the most effective financial regulatory
authority which helps in stabilising the economic conditions in the country as well as set the
banking policies for the banks.
15 Compliance resolution will be by the professional organisational association
In order to resolve the compliances at the workplace there is need to have the adequate
management of the work and duties performed by the professionals. However, it can be said that
there is need to have appropriate skills and techniques to resolve the workplace conflicts,
understand the requirements of employees and give them the adequate solutions to any serious
issues. Thus, it has been understood as per analysing the code of ethics such as:
 Maintaining the standard of quality which is to be performed by the professionals.
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 Build a favourable communicational environment which will be helpful in managing the
work as well as providing the negative of positive information of outcomes.
 It will be helpful in building the cultural changes as well as evaluate the reporting
techniques (NAHQ Code of Ethics and Standards of Practice, 2017).
16 Method of dealing with the required changes in industry
To comply with the organisational changing work scenario there is need to implicate new
policies and procedures which will be helpful in managing the operational practices. The proper
administration will help in analysing the business requirements such as lack of funds for the
operation, availability of workforce and poor efficiency are the main issues which are need to be
resolved and overcome by the professionals. Moreover, a HR has to design several policies and
procedures for the employees in the organisation. It includes better communication, influences of
the legislations to protect the employment claims, brings transparency, fairness and equality in
staff, manage and make the adequate business decisions etc.
17 CPD requirements in an organisation
The changes in the environment, market and competition is continuously provoking the
organisation to develop the internal control and bring the most sufficient reforms in the
operations. Thus, it can be said that there is need to have continuous funnelling to the employees
in the organisation which will have the most appropriate and updated knowledge of the
information.
Continuing Professional Development:
This is a learning activity which helps the professionals in having the better skills and
development which bring the reforms in the organisational practices. These are mainly indulged
with the health and care professionals, engineers, lawyer etc. as they have changes in the
framework and operations as per the requirement of time. They need ongoing training and
development program to brush up their knowledge.
18 Endorsement of cheque under title “Paid under Protest”
In accordance with this term it can be said that it is a negotiable instrument on which both
the parties are agreed upon making the adequate transactions. Therefore, there will be signature
of both the parties is stated over the instrument as on the back side of the cheque.
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19 The disclosure statement under section 32
Under this section there has been disclosure of all the details which were relevant with
the property and helpful in proceeding the purchase and sale of such property. It is known as the
vendor statemented which discloses the information about the selling property to the purchaser
on which they can withdraw the money or cancel the agreement. Therefore, Harry is bound to
disclose the all the relevant information and present the proper details about the property which
is necessary for fair contractual agreements.
20 Signing the contract of sale as a purchaser
A. Caveat Claim: This is a notice which contains all the details about the obstacles in the
registering a land as well as prohibiting one's interest in purchasing the property. It will be given
to the registrar of title which in turn helps in withdraw, remove and lapses to cancel the deals.
Therefore, Gloria will be benefited in context with her application in the caveat claim.
B. Grounds of Caveat's claim: To settle down a claim over the registration of the
property the person need to show appropriate interest over it. This is need to be sufficient in
terms of meeting the mortgage requirements which in turn beneficial to claiming the further
proceedings.
C. Withdrawal of Caveat: To claim the withdrawal, Gloria has to present here request
to withdraw with the help of signing the lodged document with registrar. Therefore, it will be
lodged without consideration of the registered owner which will be within 3 months of period.
Thus, on which the caveator does not initiate the court proceedings to indulged their rights.
21 Presenting the opinion
A. Enforceable contract of Sale of land:
In today's working scenario the maximum transaction were being handle by the online
transaction and digital transformation. However, it will be helpful in terms of spreading an offer
or news to the mass audience. However, in relation with the case Sam and his made contract over
emails, though it was a written contract but through online segmentations which will not been
treated as a legal contract. It is because the method of accepting the contract in the traditional
way belongs to have the deals through writing agreement and have the signatures of all the
parties who are involved in the contract. Sam and his friend made contract over some email
transaction among them which is not a valid medium for fulfilling all the consideration of the
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contract procedures. There has been offer and acceptance of offer but which is not in written
format so it will not be treated as a legal agreement. However, in this case as if any dispute
incurred both of them will not have rights to claim or suit a case against each other.
B. Advising Sam to deposit the payment
Sam has transferred the funds by the medium of telegraphy into the bank account of his
friend. It was a digital transaction which is legal and more applicable because it has over all
records of the transactions in both the party's bank account. Therefore, such transactions are safe
and secured as well as they will have the adequate records so the one could have the legal
documents. Thus, in this case Sam has made valid transactions.
22 Acquisition of the property by Sam's girlfriend- legal approval
In relation with the case it can be said that Sam wishes to make the transfer of the land to
his girlfriend. He has promised her that he will transfer her the land in a written document which
states that he is transferring the property to her. However, the document wrote by Sam in the
presence of and adult witness which states that the document must be treated as valid or legal
instrument. Moreover, it can be said that the contract is being valid and legally approved by the
parties. Thus, his girlfriend is being able to have the adequate acquisition of the property (Taylor
and Taylor, 2017).
On the other side, Sam has filled the form T1 Transfer of land which are appropriately
completed and signed by him in the presence of the witness. Thus, it is a legal document which
contains all the necessary details about the land, transferee, transferor, compensation etc. which
has been completely filled by Sam and there is not any requirement was left. In these regards it
can be said that, Sam's girlfriend will have adequate rights and ability to acquire the property on
her name. The transfer of such property will be proceed as she has all the legal documents with
her such as the letter wrote by Sam and the T1 form.
23 New Zealand vs Australian law
In accordance with the case Herry has accepted an offer which are the advertisement over
internet. He showed his keen interest in obtaining an apartment which was located in New
Zealand. He has received the contract through email and has downloaded such document. Harry
signed the contract and send it back with the help of posting the letter to such address and has
telegraphically transferred the 10% amount over such property. Thus, the discussion lies in
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between the arguments that, if there is any dispute incurred in between the transaction are they
able to have the case in legal way of not. However, in accordance with the case of Nevil &
Nevile it was a family case and has the serious arguments which has the legal approval.
Therefore, they are being able to fight the case and have the adequate arguments.
24 Policies and procedure of dispute resolution
Legislation for the compliance in Conveyance:
In relation with the Australian Consumer Law and Fair Trading Act, 2012 it can be said
that there is need to have proper analysis as well as dispute resolution. There are various laws
and regulations which are need to be determined by the business to facilitate the sufficient trade
practices in the market it involves their responsibility in presenting the appropriate quality
product with proper packaging and labelling. It must be satisfactorily understand and read by the
users of such products. On the side the conveyancers act, 2006 state that this is also a
responsibility of the business in terms of various transactions and roles played by them such as:
 There is need to have fair trade practices with honesty and better professionalism which
will be helpful in bringing the appropriate business operations.
 The licensee must be skilled and delegated towards the on the job responsibilities and
facilitate most appropriate information regarding the firm and its products.
 Develop a favourable communication channel that will be helpful in terms of being in
regular connection with the clients and the internal stakeholders.
Documentation for dispute resolution:
In order to resolve the issues there are various policies and procedures which are need to
be implement by the professionals in the organisation. Thus, there is need to have the dispute
handling system which will capable the company to deal with the conflicts. There can be
techniques such as improving the quality or products and services as well as fixing the mistakes
etc. will be beneficial in resolving such issues.
25 Analysing the resolution process
According to Corporation act, 2001 the resolution is the formal note on which the
company will mention all the discussion were made in the meetings. It will contain all the details
regarding the participants in the meeting such as managers, supervisors, owner and board
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members. Therefore, it will be helpful to the organisation in terms of having innovative idea
which will enhance the efficiency as well as productivity of the business.
Obligations: there are various legal obligations which are need to be analysed and
controlled by the professionals such as keeping records of all the transactions. There is need to
mange the investments made by the external stakeholders as well as revenue gathered by the firm
through operations (Young, 2019). To mange the availability of the resources there is also need
to manage the inventory which will help in analysing the productivity level as well as the cost
utilisation in such tasks.
Procedures to be followed: There are two techniques to resolve the issues such as
Ordinary resolutions and Special resolution. However, there is need to manage and monitor the
election, appointment, strategic and commercial decisions which will be helpful taking the
appropriate steps to resolve the workplace conflicts.
Time frame: For the internal stakeholders there are 15 days of time limit to observe and
produce the appropriate solution to any serious issues. On the other side, for the external
conflicts resolutions there are minimum one month of period which is being awarded as to have
the adequate solutions to such problems.
26 Original Title and Duplicate title before invention of computer titles
To register a land on the name or ownership of the alternative person there are
requirement of preparing the certificate of title. However, it will be helpful in determining the
owner of such property and the registry of the land on the basis of ownership. However, in
relation with the modern technique of registering the land and having a printed certificate of title
which will be original or duplicate on the basis of requirements (Melchers and Beck, 2017).
Thus, the certificate of title before invention of the computer devices the original title of the
certificate only kept by the land gate while the duplicate will be held by the proprietor or the
owner of such property. However, the difference among such titles is that the duplicates does not
contain all the details about limitations and encumbrances.
Innovative computerised certificate of title:
According to the innovative certificate of the titles the person has to entitle and registered
as an owner or proprietor of the property. In the computer generated certificate of title there is
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influence of various rights and regulations as well as various laws which will e helpful in making
the adequate deal of the property. Moreover, it consists of all the details such as time, date and
the consideration of the transactions. Therefore, the succession of such certificate of title is very
useful for the citizens therefore, there no risk of losing the certificate due to misplacement and it
is the most convenient way of keeping the record of all the certificates which were issued by the
legislative authorities.
Deed of conveyance:
In accordance with the old law which was in the legislative environment of Victoria
states that the acquisitions of the property is based on the reasons and settlement in spite of
conquests. On which the 3% of the land will have effects of Victoria's land while 97% is of
Transfer of Land Act. However, to keep in consideration the old and new system of laws were
very inconvenient and in sufficient in terms of costs.
27 Lot entitlement and lot liability
In relation with setting the plans of subdivision the term lot entitlement and lot liabilities
were stated there. It can be determined as follows:
Lot entitlement: It determines the share of ownership over the common property as well
as ascertain the voting rights of a person.
Lot liabilities: This ascertains the share of each owner in the property on which they
have to make payment of the expenses.
However, in accordance with both the terms this are mainly issues by the developer at the
time of making the subdivision of the property. Therefore, it will help thee owners in analysing
their share in the property as well as the level of investments and expenses to be made by them.
Moreover, it may have changes as per unanimous resolutions.
28 Identifying the law which will be used to transfer the old law to the Transfer of Land Act
The old law of transfer of land is base on the settlement and reasons behind the
transactions which contains all the series of deeds which are need to be documented. However,
this were the evidence or the proof of the succession of the transactions in the land to the crown.
Thus, in relation with transferring the old law of transfer to the Transfer of Land Act it can be
said that there will be need of the various legislative considerations and several laws implied in
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between such transactions (Osminer and Gazdzinski, Time Warner Cable Enterprises LLC,
2017). The owner has to fill the form 1 for the transfer of land as well as fill all the lodging
requirements. However, it will be approved by the crown in terms of transferring the old law into
new.
29 Defining Transmission Application
Transmission applications are usually used or undertaken either on the death of sole
proprietor or when a tenant in common landholder dies. From assessment, it has identified that
on the death of sole proprietor or one of the joint tenants, specific process needs to be followed
so that land can be transferred by their personal representatives. Hence, transmission application
process starts with the appointment of state executor. In other words, it can be stated that if a
deceased person had a will, then firstly court appoints executor of the state. On the other side, if
deceased did not have a will then their personal representatives must arrange with the probate
office for the appointment of an administrator. Hence, under both the cases, letter of
administration is given when probate office agrees to appoint an executor or administrator. Thus,
such letter, legal document, issued by probate enables in relation to filing application to Landgate
by the Personal Representatives.
In the context of transmission documents that require are enumerated below:
 copy of the original Certificate of Title received from Landgate’s Customer Contact
Centre
 Transmission application
 Statutory declaration form
 Duplicate certificate of title
 Original Probate or office copy Probate issued by the Office
30 Defining survivorship application
Survivorship refers to the situation where a person becomes the owner of property due to
having survived another person. It usually applied to person or individuals who own real
property or assets such as joint tenancy. Hence, in the case of joint tenants, when death of one
occurs then property passes to the survivor (Smulders and Evans, 2017). Survivor application is
lodged or prepared on the death of one or more proprietors. Thus, survivorship application must
contain following aspects such as:
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 Certificate of title which in turn shows that proprietors are joint tenants
 Further, such kind of application is lodged where no reference shown in the registered
proprietors section of title while considering joint tenancy
Along with this, in the context of application, survivor needs to lay focus on the verification of
identity. Further, for getting ownership rights regarding property concerned tenant requires
completing application and statutory declaration form. Hence, under survivorship application,
survivor needs to fulfil requirements regarding the description of land, deceased proprietor, date
of death, signature etc. Hence, by filling below mentioned application and making payment of
fees associated with the same survivor can claim for the property.
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31 Presenting the meaning of sequestration order
Sequestration implies for the act such as removal, separation or seizure anything from the
possession of its owner under legal procedure. This in turn offers high level of benefits to the
creditor of state. This kind of order is given by the court only when creditor proves the intention
of debtor in relation to removing or determining property for the detriment of creditor. Further,
creditor who requests for sequestration order must post a bond for reimbursing the debtor
pertaining to the damages suffered.
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32 Acceptance of offer via post
Yes, it will be possible to have the acceptance of the offer via post. Thus, the condition is
all the details regarding the offer and the contracts must be stated in the documents as well as it
must have proper influence of laws and regulations. Moreover, the offer must be signed by all
the parties which involved in the agreement with details such as name, address, consideration
amount, date, time and all the required documents. Therefore, it can be said that if a person send
an acceptance over any offer via post than it will be treated as the legal document as it must
contains the necessary details and signatures of the authorised party.
Postal rules: This and acceptance of the offer via mail or communication which will b
legally approved in the various common law countries. However, there are several rules which
are need to be considers while making the acceptance of the offer such as:
 The acceptance of the offer send by the person is not been treated as a valid transaction
till it will be received and readded by the offeree.
 The acceptance will be treated as effective as if it will be posted by the person (Baumann,
Le Meunier-FitzHugh and Wilson, 2017).
 The revocation of the cancellation of the acceptance must be before the letter of
acceptance reached to the offeree.
These are the rules of making the acceptance of the offer via posts which must be
considers and acknowledge by the individuals before making any legal transactions.
33 Condition Precedent
In accordance with the common laws this term is very common and easier to understand.
However, it can be said that under precedents which belongs to the previously happen such kind
of same incidents. Thus, this are known as the example to the similar issues which were held
before. In most of the cases which were belongs to the civil of criminal cases are had the hirings
from court on the basis of case laws or the cases which has the same circumstances as in the
present case. Here the jurisdiction authority make their judgement in accordance with the past
incurred cases as well as previously happen issues. In addition, it will be helpful to judges as
analyse the issues and present their fruitful solutions to such issues. It states that one person must
obliged to his duties before thee another person perform their duties in an agreement. It is
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because many of time the judges faces the cases like the one party does not fulfil their duties on
which the conditions does not meet the criteria and the completion of agreement does not take
place. To cure with such obstacles the condition precedent will be helpful to them as to have the
most adequate effective solutions to such situations.
34 Implication of the commercial software package to monitor the compliances in the industry
To govern the risk incorporated within the organisation there are various helpful software
which will be helpful to the professionals of the company in terms with managing the work. In
an organisation there has been various risks which were associated with the problems like costs,
finance, management of operations as well as efficiency of the business. In relation with the
commercial software there are various software programmed which were designed in
consideration with bring the adequacy and promptness in the operations. It will be helpful to the
firm in terms of facilitating the most sufficient and adequate information to the consumers and
they were licensed to perform such operations. Moreover, there are various software which are
affecting the industrial operations in prompt manner such as financial, accounting, data provider,
open sources etc.
Financial Software: This is the software which is developed in consideration of making
the adequate analysis of the financial data set and the respective business transactions. It will be
beneficial and convenient for the accounting professionals in terms of managing the large
financial data of many years and analyse the outcomes in less duration. There are various
numerous features which are incorporated with the operations such as basic financial data
management, Budgeting, forecasting, accounting management, managing the financial assets and
transactions.
35 Determination of the fees, taxes and rebates which will be advised to the client
Fees: This is the amount of funds which will be payable in against any operation or in
consideration of any contract in the written agreement there is need to have the adequate
informations about the amount is being payable by the parties.
Taxes: These are the proportionate amount of funds which will be payable by the person
or corporation in consideration with making the payment of the fund as per the revenue and
income earned by them. However, these are the sources of revenue to the government which will
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be added in the development of the capital projects. If the respected amount is not being utilised
by the government than it will automatically return to the tax payer's account.
Rebates: These are the remedies which were allotted to the individuals over making the
tax payments. Thus, there are various deduction that a person can claim such as vehicle
allowance, gifts, uniform or clothing, home office expenses, self eduction etc.
36 Analysing the statement becomes the term of contract
The situation where all the conditions were met by the individuals will become the term
of contract. However, there are severely terms and condition which denotes that the contract will
take place and it will be valid as if the person make the favourable transactions. Thus, the rules
are:
 It must be a written agreement which contains all the informations about the parties who
are involved in the contract (Sheehan, 2017).
 It must be valid as there should not be any impact of illegal terms such as, incapacity,
mistake, misrepresentation etc.
 There is need to have the adequate records of the evidence and the legal information
about the parties who are involved in the business operations.
37 Determining the difference between condition and warranty
Basis Condition Warranty
Definition There are the essential terms
which are need to be
implemented in the contract.
These are the terms which will
be helpful in bring the
collateral stipulation in the
contract.
Remedy Here the parties is capable of
claiming the damages,
terminate the contract as well
as they can breach the
warranty
Here the party is only capable
of terminate the contract while
they do not claim any
damages.
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Treatment It will be treated as the breach
of warranty as if the breach of
condition took place.
Here the breach warranty will
not be considered as the breach
of conditions
Examples  Title of goods
 fitness and quality of
goods
 wholesomeness
 sale incurred on sample
and on description
 Undistributed
possession of
consumers.
 Disclosing the harmful
nature product.
 On the products which
are free of charges.
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38 Determining the nomination form
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25

26

27

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W1. What are the six aspects of a contract that makes it valid or enforceable? Who oversees
Conveyancing in your state and what legislation is in place to protect the consumer?
A contractual agreement is always required to be valid and enforceable in nature. Although, its
authenticity mainly depends upon 6 vital elements that legally validates its existence. These are
as stated below-
 Agreement- An agreement is further made up of 2 vital components namely offer and
acceptance. It generally involves 2 competent parties willing to get into a contractual
term where an offer is being proposed, either directly or indirectly by one party to
another. On whose acceptance, there exists a contractual agreement among both. An
agreement can be in either forms, i.e., written or oral and whose selection also depends
upon the agreed clauses of both involved parties (Duncan and et.al., 2017).
 Consideration- It is yet another major element that validates a contract and is referred to
be a promise on whose basis, the parties agrees to get into a contractual deal. It thereby
indicates a promise that is being made by one party to another by proposing a value to
convince for the offered deal.
 Contractual capacity- Herein, a contractual capacity refers to the competence of both the
parties to get into a legal contractual deal. Both the parties are hereby required to possess
an authorised qualification to get into a contract. This is for instance, certain contacts are
meant for people above 18 years or so and who are mentally competent. It is on
considering a fact where there exists distinct set of norms for mentally incompetent
parties.
 Legality- This is to avoid any breach of public policy to fulfil the purpose of the contract
with accomplished goals.
 A voluntary consent- This is basically to avoid any unwilling consent of any of the
parties where both of the involved bodies must be approved of the determined clauses of
their contract. It is mainly to settle down the clauses of their agreed contract that should
not go against the willing consent of any of the parties.
 Form- It is with reference to give a form to the agreed contract that should be either
written or oral, as agreed by both involved parties.
Conveyancer is those who deals with property and land related cases and are specially
trained in this specific field by a reputed institute to get their license and are then regulated by
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NSW Fair Trading. Although, they are constantly required to renew their license for the
continuation of their practice as a conveyancer (Kalyvas, 2018). Also, this keeps them up-to-date
about any changing norms and requirements. They are together required to carry a professional
indemnity insurance. However, the Conveyancers Act 2006 is applicable to protect the interest of
the consumers.
W2 Analysing the terms and conditions stated in the section 5 of FHOG
In accordance with the section 5 of the FHOG, it states the residential requirements to
owners as it will their first home. It will be helpful for such individual in terms with having the
adequate resources in the house such as electricity, water, roof, parking area etc. However, the
location of the premises must be nearby the market and the transportation services (Young,
2019). It must be convenient and appropriate for the residential to have the adequate life span
throughout the day.
W3 determining the policies and procedures in the organisation while changes incurred in the
operations
In relation with the policies and procedure in the organisation while the changes in the
legislation incurred there has been focus payable over determining the adequate implication of
such rules and policies in the operations of business (Christensen, 2017). The main motive of the
managerial professionals and the HR staff is to communicate such legislative changes to the
employees in the organisation. There will be arrangement of meetings and educational
conferences that will be helpful in terms of facilitating the sufficient knowledge to the employees
as they will be capable of such changes and have the appropriate deals with the consumers.
W4 Determining the common law
These are the laws which will be belongs to case laws, precedents or the incidence which
were held before. These are the cases which will be used as the examples in the current case and
the judges will analyse the outcomes and present the satisfactory legal solutions to each issues.
Workplace Relations Act: This the act which will be fruitful in analysing the adequate
management of operations as well as managing the internal environment (Taylor and Taylor,
2017).
Equal Opportunity Act: It helps in reducing the discrimination which will be in the
provision, education and training to all the employees.
2

Anti-discrimination Act: This law helps in facilitating the adequate opportunities to the
individual which will be based on age, disability, gendered etc. the motive is to provide the equal
support to each employee in the organisation.
Occupational Health and Safety Acts: This act implies with facilitating the adequate
solutions to the individuals with the proper guidance to operate the equipments or machinery at
the workplace as well as determine the appropriate health and security.
W5 difference between business conveyance and property conveyance
In relation with the transfer of the legal title the conveyancing is the process of analysing
the issues and presenting the adequate solutions to such issues (Blandy, 2017).
Business conveyance
In accordance with such conveyancing method
here the title of the property is legally
transferred from one person to another person.
Therefore, it is simply understood as in the
business a person facilitate the offer to mas
population in motive to have the contract and
earn the profitable returns. Thus, here it is
essentially required that one person most have
the legal acquisition of the property.
Property conveyance
In order to understand this conveyancing
technique here the person passes or transfer the
property to another person's name. It can be
understand as transferring the title of the
ownership over property from one individual
to another individual such as gifts and grants.
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