Legal Advice for Andrew: Property Law, Bytecoin, Drone, and Jewellery

This assignment presents a legal analysis of a property law case involving a client named Andrew. Andrew experiences several issues: the loss of Bytecoin due to a potential hack or theft, the discovery of a jewellery box in his rented property, and a dispute with his neighbour over the use of a drone equipped with a camera. The analysis covers Andrew's rights and remedies concerning the stolen cryptocurrency, the ownership of the jewellery, and the legality of the drone's operation. The assignment examines relevant Australian property law principles, including the nature of cryptocurrency, the rights of tenants and landlords regarding found property, and the regulations surrounding drone usage and privacy. The document also explores potential legal actions Andrew can take, such as reporting the theft, claiming ownership of the jewellery, and addressing the neighbour's complaints about the drone. The response provides a comprehensive overview of the legal issues, offering advice based on property law principles and relevant legislation, and highlights potential outcomes for each issue.

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To provide clients with a guide for answering this assessment, the word count should correlate
approximately with the marks allocated (ie you should aim to devote approximately 2,300 words to
your answer for Question A [65% of the marks – 65% of the word limit]).
QUESTION A:
You are a newly admitted legal practitioner and Andrew is your first client. He has consulted you for
legal advice about his problem. The events occurred recently. Andrew instructs you at your
interview in detail. Your notes include the following:-
 Andrew arrived home from work to a distressing situation. He lives in a rented property in
Groomsdale, Queensland. Andrew logged into his Bytecoin account balance online and
found it was empty. Andrew explained that Bytecoin is a so called “cryptocurrency” in which
he had invested heavily. So heavily in fact, he had taken out a bank loan to buy more than
his savings permitted. He also instructs that Bytecoin operates on the basis of a secret
digital key. That digital key not only proves to the Bytecoin network the owner of certain
Bytecoin, but that key also enables an irreversible transfer of ownership of that Bytecoin.
Andrew’s Bytecoin account previously contained 2,350 Bytecoin (the exchange rate is that 1
Bytecoin = $1,000). It is now empty. He has discovered that 350 Bytecoin were transferred
to his girlfriend Bree. Andrew had told Bree his digital key so she could “buy that dress she
really wanted”. Bree is not now returning any of Andrew’s messages or texts. The
remaining 2,000 Bytecoin were transferred to someone called Cecil. Andrew does not know
this person and does not believe that Bree does either. Andrew believes that either Bree
has mistakenly transferred this amount to Cecil instead of herself or, that Cecil has somehow
hacked Andrew’s digital key. Andrew has reported the matter to the police, but wants to
know his civil law position urgently and particularly what his rights and remedies are.
 Andrew has now borrowed more money from friends and reopened his Bytecoin account.
Having learned his lesson from last time with the password, he has written the password
down and elected to secure it. To do so, he cut a hole in the wall in his bedroom to hide it
there. To his surprise however, he found jewellery box inside the wall. On opening, it
contained five various pieces of jewellery of a significant age and, he believes, value. He
posted a photo of the box and his surprise at finding it, on social media. As a result, his
landlord, David, has become aware of the find and claims it. Also a third party, Ellen has
sought ownership of the jewellery as she has recognised the photo of some of the items as
apparently belonging to her great grandmother, Frida.
 Andrew is now super-sensitive about security and has purchased a very expensive, medium
sized, camera enabled, unmanned aerial vehicle, also known as a drone. Andrew has
programmed the drone to hover above his house when he is away from home. The drone
automatically lands and recharges when its batteries get low. Also, the drone’s cameras are
set to constantly record and provide Andrew with that recorded footage on landing.
Andrew’s neighbour’s house is displayed partially in the corner of the footage. Gilda, the

neighbour, confronted Andrew a week ago and threatened legal action if he did not
deactivate the drone. Yesterday, the drone disappeared. He contacted Gilda who said it
landed in her backyard and she is keeping it. Currently is it visible on her back deck and
seems to be used by her as a drinks tray. Andrew would like the camera footage from the
drone in particular as he feels that would provide a clear answer as to how or why the drone
stopped doing what it was programmed to do.

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Andrew would like to regain his lost Bytecoin, retain the jewellery, leave his security measures in
place and recover the missing footage. Write a letter to Andrew on behalf of the firm stating
whether that is possible by addressing his legal position and advising him about his rights and
remedies.
Your Supervising partner has sent you a memo saying: Please note that your letter must state the
basis of your opinion as an expert in property law only and you should advise only on that basis. It
may be that other areas of law are specifically relevant after the fundamental legal issues relating to
property law are resolved. Others in your law firm specialising in other legal areas will comment at a
later time. Therefore, do not advise on any matter outside property law (eg criminal law) unless
you do so briefly and it is absolutely essential to your property law advice. Your Property Law
subject Course Content, selected readings, cases, textbooks, and journal articles will guide your
answer and you should do more research than the base course material.
(65 marks)
Your Answer:
In relation with analysing the requirements of property law in Australia which in turn
implicated as to secure the human rights as well as right on the property. Moreover, the
implication of such laws and regulations is to bring the favourable suggestions as well as
jurisdiction to individuals. By considering the case of Andrew where he has lost all of his
money in Bytecoin1. He had the secrete digital key which he only shared it with her girlfriend
Bree. The last transaction in his account on which he relaid is that he has transferred the
funds to his Girlfriend's account for amount of $350. But there has been last transaction
which was on the name of Cecil2. Neither Andrew was aware of such transaction as well of
the person, nor Bree was. Therefore, in relation with such case Andrew thought that either his
girlfriend has mistakenly transferred funds to Cecil's account or may be Cecil is hacker3.
Therefore, to overcome with such puzzled situation Andrew has marked complained in the
police station as to have the favourable jurisdiction over this case. He has proposed to have
the adequate analysis over the rights and remedies allowed to him in consideration of this
case4.
1 Easteal, P., Young, L. and Carline, A., 2018. Domestic Violence, Property and Family Law in Australia.
International Journal of Law, Policy and the Family.
2 Tushnet, M., 2017. Comparative constitutional law. In The Oxford handbook of comparative law.
3 Young, C. S. R., 2019. Conference keynote: Subject to Contract: Law as an Artistic Medium. Keynote given
at'Art in Law in Art'international conference, University of Western Australia, Perth.
4

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The site Bytecoin is denoted as Crypto-currency which is determined as the digital
assets which is usually operated in the Central banks and central authority or government5.
Therefore, the creation of trade and implicating the use of this currency into operation which
enables the taxation authorities to charge income tax over it in terms of Crypto-currency6.
Moreover, if the person is aware with the crypto-currency that there is needed to have
appropriate information relevant with the tax and legislations involved with it. Moreover, it
has been ascertained here that the revenue gathered by a person through such sources on
which they have to make payment of Capital Gain tax7. On the other side, if a person is
holding the ownership of Crypto-currency for more than 12 months than he / she will be
entitled to have discount and remedies in CGT.
However, in relation with having such drastic losses from such incidences Andrew
has take borrowings from his friends and again enrolled in Bytecoin on which this time he
kept the digital key confidential. In relation with that he has written such digits and create a
hole into the wall as to place it somewhere secured8. Therefore, when he was engaged in
making such action he found a jewellery box which was consists of 5 different jewellery9.
Therefore, he might found the jewellery box the rights were of the landlord of that on such
gains10. Andrew was a tenant to such property and he will bot have rights to claim such gains.
On the other side, Ellen recognises that such jewellery is belongs to her great-grandmother
and she claimed this is her property11. Therefore, there might be right to a person on the
ancestor property. But the first and for most rights are of the owners of such property.
Kalyvas, S.N., 2018. Civil wars. In The Oxford handbook of comparative politics.
5 Christensen, S., Dixon, B. and Wallace, A., 2017. Land Titles Law and Practice Update 88. Land Titles Law and
Practice.
6 dos Santos, C. E. O. and et.al., 2017. Hyoscine butylbromide for colorectal polyp detection: prospective,
randomized, placebo-controlled trial. Clinics. 72(7). pp.395-399.
7 Bacina, M. and Kassra, S., 2017. Technology: Unlocking cryptocurrency token sales. LSJ: Law Society of NSW
Journal. (37). p.79.
8 Kbilashvili, D., 2018. Influence of E-Commerce and Cryptocurrency on Purchasing Behavior of Wine Customers.
Global Journal of Management And Business Research.
9 Chohan, U.W., 2017. Assessing the Differences in Bitcoin & Other Cryptocurrency Legality Across National
Jurisdictions.
10 Kaal, W.A., 2018. Initial Coin Offerings: the Top 25 Jurisdictions and Their Comparative Regulatory Responses.
11 De Zilva, N., 2018. The evolving tax treatment of cryptocurrencies. Taxation in Australia, 52(7), p.372.

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Moreover, the landlord will have rights to take the jewellery unless Ellen brings some
Concrete proof to it.
In accordance with Australian Transaction Reports and Analysis Centre (AUSTRAC),
there must be proper registration of digital currency exchanges which is now being treated as
legal transactional property by registered authorities12. Same as, Australian Human Rights
Commission (AHRC), which will be helpful in sustaining the individual rights over the
property. Moreover, The landlord was owner of such property and the jewellery box found by
Andrew will be landlord's property. Therefore, there are full rights and authority to acquire
the property is of his landlord13. Moreover, Andrew cannot claim his rights over such
jewellery. Similarly, in accordance with the claims of Ellen that the jewellery were belongs to
her great grand mother which will be considered as she present some valid proof such as
Pictures, written will or bills over such property14. Thus, it can be said that, the current legal
right is of the landlord who has ownership over such property.
On the other side, in relation with concerning about the securities over person
property there is needed to have adequate control as well as gadgets that will be helpful in
such operations. Similarly, due to this concern Andrew has bought a camera and drone
(Unmanned Aerial Vehicle) which was programmed to hover above his house15. In relation
with flying the drone over the property there is needed to have approval of legal authorities.
On the other side, it has been authorised by the government that a person can only fly drone
up to 120 meters of radius other than this he will be charged with some legal actions against
him16. Thus, Andrew has programmed the drone which will only be hover on his house
whenever he is not at his home. The special feature of this drone is that it automatically
12 Thelwall, M., 2017. Can social news websites pay for content and curation? The SteemIt cryptocurrency model.
Journal of Information Science, p.0165551517748290.
13 Sala, E. and Baldassar, L., 2017. Ageing between Cultures: the Experiences and Challenges of Italian Migrants in
South Australia, edited by Daniela Cosmini-Rose, Leicester, Troubador, 2015, 200 pp.,£ 24.99 (paperback), ISBN 978-16-
846-2468-2. Modern Italy. 22(3). pp.342-343.
14 Urban, J. A., 2017. What Is the Eye in the Sky Actually Looking at and Who Is Controlling It? Regulatory
Opportunities in US Drone Law-An International Comparative Analysis on How to Fill the Cybersecurity and Privacy Gaps
to Strengthen Existing US Drone Laws.
15 Jones, T., 2017. International Commercial Drone Regulation and Drone Delivery Services (No. RR-1718/3-RC).
Santa Monica, Calif.: RAND Corporation, RR-1718/3-RC, forthcoming.
16 Zwillinger, D.I., Hettich Jr, R.D. and Cogliandro, J., Ronald Douglas Hettich and Jr., 2017. Tarp with sleeve for
drone navigation. U.S. Patent Application 29/552,214.

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landed and charge itself whenever it got discharged off batteries17. The laws and regulations
has been imposed by Australia's Civil Aviation Safety Authority which in turn states that
there is no right assigned to a person in relation with flying the drone over anyone's personal
property. Therefore, this step has been considered by the authorities in relation with
protecting, safety, life and property of someone.
However, Andrew neighbour Glida has obstacles and problems relevant with the
drone which flying over her property. Therefore, Glida has confronted Andrew to reprogram
the drone or else deactivate it. Suddenly, on next day the drone has been disappeared and on
which Andrew contacted Glida regarding this. Glida has kept the drone with her and she was
using it as a drink try18. Moreover, in relation with such issues Andrew just demanded to have
the camera footage which will be helpful to him in giving the accurate answer relevant with
all activities. Thus, in accordance with such case it will be advised to Andrew that he must
make complains regrading the theft of his person property by Glida. On the other side, Glida
was liable to make file complains relevant with here insecurity with Andrew’s drone.
Additionally, there will be charges which will be charged against the owner of such don is for
$9000. Similarly, Andrew has to make payment for $9000 as a fine in consideration with
flying the drone over Glida's property as well as did not deactivate it as per previous
complain from Glida.
On the other side, Glida will be penalised as to use someone's property without
notifying it or the approval of such person. Therefore, Glida as kept the drone which was
being landed in her back yard and she is using it as drink tray19. Moreover, in relation
Australian rules and regulation there are various legislations which will be quiet effective in
terms of protecting the individual rights over the property (New recreational drone rules,
201820). Drone was owned by Andrew so the legal authority is will be of him over this drone.
There are various amendments and legislations which were in support of protecting the
17 Zwillinger, D.I., Hettich Jr, R.D. and Cogliandro, J., Ronald Douglas Hettich and Jr., 2017. Tarp having a unique
identifier and a plurality of grommets for drone navigation. U.S. Patent Application 29/552,212.
18 Brown, W.G., Adjuvants Plus Usa, Inc., 2017. Clonostachys rosea inoculated plant materials with fungicides and
adjuvants. U.S. Patent 9,603,369.
19 Hakobyan, A. and et.al., 2017. The Influence of Adverse Childhood Experiences on the Health Outcomes in the
Republic Of Armenia. The Journal of Sexual Medicine. 14(5). pp.e264-e265.
20 New recreational drone rules. 2018. [Online]. Available through :<https://www.casa.gov.au/standard-
page/new-recreational-drone-rules>.

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individual rights over any property21. Therefore, there are various new rules which were has
been proposed by the Australian Government which will be assertive for Civil Aviation
Safety Authority. These are the rules and regulations which has been developed as to have
appropriate assessment to the people who usually operates the drone. Moreover, these
regulations do not applied to all pilots. Therefore, to fly the drone and have the regular
operations there is need to have approval and registration in CASA. Therefore, it will be
helpful to the government and the citizens for having the legal approval as well as appropriate
legislations to operate the activities22. Thus, flying the drone has created problems to the
neighbour which is needed to be considered by the government.
Thus, in relation with such cases and the various issues it will be suggested to Andrew
that he must claim the appropriate changes as well as analyse requirements23. Considering the
relevant laws and regulations which were proposed to have satisfactory analysis and
jurisdiction to this case. Andrew will have to make payments of the penalty which is relevant
with the breaching the duties of a drone flyers. Therefore, he is not supposed to fly drone
over anyone property which is totally illegal as well as unlawful. Glida has warned him
before but still he did not make any changes in the program set for the drone. In relation with
this Andrew has to make payment of $9000 in against the reaching the duties as well as
disobeying the rules stated with such flying object24. On the other side, in relation with losing
the digital security key which has been reflected the written evidence as Cecil is the last
transaction in the Bytecoin account of Andrew than there is needed to file a case against him.
Therefore, the evidence will be helpful in terms of claiming the money which he has lost and
the hacker has obtained. The investigating department will help in tracking that hacker and
21 Farooq, U. and et.al., 2017. Appraisal and standardization of curvilinear velocity (VCL) cut‐off values for CASA
analysis of Japanese quail (Coturnix japonica) sperm. Reproduction in Domestic Animals. 52(3). pp.389-396.
22 Gosálvez, J. and et.al., 2017. Multi-centre assessment of nitroblue tetrazolium reactivity in human semen as a
potential marker of oxidative stress. Reproductive biomedicine online. 34(5). pp.513-521.
23 Melis, D. J., Silva, J. M. and Silvestre, M. A., 2017. Characterisation of the anthropometric features of airline
passengers and their impact on fuel usage in the Australian domestic aviation sector. In 17th Australian International
Aerospace Congress: AIAC 2017 (p. 529). Engineers Australia, Royal Aeronautical Society.
24 YU, Z., 2017. EMERGING TRENDS OF TROPICAL RESIDENTIAL BUILDINGS IN THE PACIFIC-RIM
REGION IN THE AGE OF GLOBALIZATION: BASED ON CASE ANALYSIS IN CHINA, COSTA RICA AND
AUSTRALIA. WIT Transactions on Ecology and the Environment. 223. pp.199-206.

8
then they will return the amount which was being theft by them. Similarly, In terms with the
case of hidden jewellery box which was being discovered by Andrew when he was making
hall into the wall. Therefore, the property belongs to David and the whole rights are relevant
with the owner of that property. Thus, in this regard Ellen also do not have any rights over
such jewellery box. It is because she does not have any rights over the property as well as the
laws states here which denotes that an individual will only have rights over a property when
he/ she has occupied the ownership or legal estate in such property. Moreover, her has
claimed that the jewellery belongs to her great grand mother which is being comprises with
any concrete proof. Thus, Ellen is not liable to claim any of the legal rights over such
Jewellery.
In consideration with the relevant laws and legislations there are various cases which
will be helpful in terms of using them as the case laws to this case. In accordance with the
case of Bowden v Los and Ors [199825]. Therefore, this case is relevant with the issues
between tenant and landlord which was related to the residential tenancy tribunal. Similarly,
there are various cases which will be denoted as the effective example of the laws such as
Abigail v Lapin [193426]. Therefore, it is clearly stated in the laws relevant with the property
and the ownership of such estate that determines that there will be appropriate control over
such property and any findings which will be belongs to the owner of that property27.
[ end answer to Question A]
QUESTION B:
1. Please consider the fundamental elements of Property Law which have been covered in
Modules 1, 2, 3 & 4. Then please consider the common layman’s phrase:
Possession is 9/10ths of the law.
Explain, compare and contrast that phrase with the context of the given course content. You
should comment on whether you are of the view that the common law fundamental concepts
covered in the course content are consistent or inconsistent with it. Discuss any major
25 Bowden v Los and Ors [1998] NSWSC 216
26 Abigail v Lapin [1934] AC 491.
27 PROPERTY & CONVEYANCING. 2018. [Online]. Available through :<http://www.nicholasdibb.com/property-
and-conveyancing/property-law-cases>.

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similarities, differences or issues which present and clearly explain and distinguish them. You
may use a practical example to assist your analysis. Cite case law, legislation and/or journal
articles where necessary in your answer. DO NOT simply summarise other Acts or cases. You
must refer to the bodies of law stated above in the context of Property Law. Your Property
Law subject Course Content, selected readings, cases, textbooks, and journal articles will guide
your answer and you should do more research than the base course material.
OR
2. Critically analyse any one of the journal articles which have been posted on the studydesk for
Modules 1, 2, 3 or 4.
Please note that the words ‘critically analyse’ has a specific legal research meaning in this
context and your answer must not be a simple summary or ‘book report’ of a journal article. In
this regard, clients are referred to their Legal Writing & Research prescribed textbook: Corbett-
Jarvis, N & Grigg, B 2014, Effective legal writing: a practical guide, 1st edn, LexisNexis
Butterworths, Chatswood, New South Wales. More particularly clients are encouraged to
review Chapter 5 and most specifically, paragraph 5.51 of that textbook.
Please also note that you may elect to do either Question B Part 1 or Part 2, not both.
(35 marks)
Your Answer:
Possession is 9/10ths of the law.
The possession in a property cannot be treated as the ownership of a person in such property.
It is a wee bit vague which does not make clear sense which indicates that the presumed
possession will be nine times stronger for the purpose of claiming. Thus, it also states the
clear analysis over it and which reflects that the possessor must have appropriate legal truth
such as strength of own title28. The phrase emphasis over the expression is that the ownership
is quiet easier in terms with maintaining the possession as well as building the adequate
enforceability. Moreover, it states that if a person is obtaining an ownership in any property
than they will have appropriate possession over it. Therefore, in relation with the property
and relevant dispute there is needed to have clear and contemporary documentation which
will be helpful in making the appropriate documentation29. Therefore, in many of the cases a
person or a corporation acquire any property of the basis of possession which allows them to
make the proper utilisation of such resources30.
28 Shumaker, P., 2017. The Book of Hulga. Flannery O'Connor Review, 15, p.125.
29 Walter, H.C., 2017. Modern Foreign Exchange. Routledge.
30 Is possession nine tenths of the law?. 2018. [Online]. Available through :<http://affordingjustice.com.au/is-
possession-nine-tenths-of-the-law/>.

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Moreover, they have the rights to use the property in consideration of their personal or
professional means. Thus, it indicates that the person is having the appropriate rights over
such property and they can be make changes in it. Thus, only a thing which differentiate a
person's ownership and the possession over the property is the title of property’s. Thus, the
title is assign over the name of any person will be treated as the owner of such property31.
Similarly, if a person has the rights but no title on his name than the ownership of such
property will not be treated as its own. The possession will be for longer period of time or can
say it might be for lifetime but which does not indicate that there will be transfer of
ownership. An individual and a corporation can use the property for their means but they will
not being having the ownership over it.
It will clearly be understand that possession is facilitating the rights to someone who
will have the position of power which in turn will be helpful in managing the business
operations as well as making the adequate changes into operations. Moreover, the passions
will require proper documentation on which the owner of the property allows a person or
business to use the property. Additionally, it is indulged with various laws and amendments
and have the various conditions which will be helpful in terms of securing the individual
rights over the property. Thus, a possessor will make the use of this property in terms of
residence, in generating income as well as renting it. They can stay at such place which will
be for the longer period. But, they will not have appropriate rights and ownership on that. In
relation with the statements it can be said that a person is having the strong and valid right to
own the property as if they were actually possessed it32. Similarly, it will be treated as a
adverse possession which indicates that the under the doctrine of adverse possession, a person
who complete the statutory requirements is actuality obliged to obtain lawful ownership on
the property on which he is squatting, even if without any payment.
In relation with the relationships like, marriage etc. the legal authority over the
property will be divided in same proportion. Moreover, it insists that both the individual will
have the equal rights over such property and they will make it clear and fair among them.
Thus, it also states that if the couple acquired the property on the title of possession than any
one of them will die in future than the other person will automatically have all the rights and
31 Tagore, S., 2017. Raja Rammohun Roy. Publications Division Ministry of Information & Broadcasting.
32 Ashford, D., 2017. Sedition Machines.

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ownership of the property33. Thus, only a thing which differentiate a person's ownership and
the possession over the property is the title of property’s. Thus, the title is assign over the
name of any person will be treated as the owner of such property. Similarly, if a person has
the rights but no title on his name than the ownership of such property will not be treated as
its own. For instance, organisations which were involved with the mining and production
activities were mainly relevant with such operations. Moreover, they will be having
appropriate control over the operations. In accordance with the influences of Personal
property security act, 2012 which presented the amendments and laws in relation with
highlighting the single minded attitude of the insolvent practitioners. Thus, it can be said that,
they have assets under their possession as well as are having the registered security interest
under the same act. Thus, it enables them in terms of possessing the property which will be
helpful in converting it into benefiting the company as well as making the adequate creditors
to the company. Moreover, these are the issues which has had been bolstered by the high
profile and registered parties such ad One steel manufacturing organisation, Power Rental v
Forge34.
[ end answer question B & project]
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Project End
REFERENCES
Books and Journals
33 Drahos, P. and Braithwaite, J., 2017. Information feudalism: Who owns the knowledge economy. Routledge.
34 Possession remains only 9/10ths of the law post PPSA. 2018. [Online]. Available through
:<https://www.gadens.com/legal-insights/possession-remains-9-10ths-law-post-ppsa/>.

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