Conveyancing Law Assignment - Foundation of Legal Knowledge, Australia

This document provides a comprehensive analysis of various legal scenarios related to conveyancing law in Australia. The assignment addresses several cases, including property sales involving flood risk, contract disputes arising from store accounts, insurance claim denials due to fraud suspicions, and advice on purchasing property. It explores legal risks, responsibilities of parties, and the application of relevant laws such as the Conveyancing Regulation 2017, Insurance Act 1973, and the Crimes Act 1900. The assignment covers topics such as property insurance, contract terms and conditions, insurance fraud, and the importance of legal advice in property transactions. Each scenario is examined in detail, providing legal advice and precautions that should be taken to mitigate risks. The document also includes references to support the legal arguments and provide further insights into the subject matter.

Conveyancing Foundation of
Legal Knowledge
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Table of Contents
Answer 1......................................................................................................................................................2
Answer 2......................................................................................................................................................2
Answer 3......................................................................................................................................................3
Answer 4......................................................................................................................................................3
References...................................................................................................................................................5

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Answer 1
As the client wanted to sell the property, which consists of two small houses and is situated
partially in a floodplain, so various risks are involved for the client as well as the purchaser.
Conveyancing Regulation 2017 is applicable in this case. As per the law, all the documents to be
attached for the contract for the sale of land under section 52A (2). The client may have to pay
extra legal costs, installation charges, and other expenses. The client and the other party have to
pay various taxes such as stamp duty or surcharge tax as per the NSW property laws for the
purchasing or selling of property (Johnston & Leshinsky, 2018). Common risks are depreciation
and changes of law, other than these, there are environmental and safety risks involved for the
client.
The conveyancer would advise the client to make property insurance for covering future
complications that may occur while selling the property. If anything goes wrong, then the client
will be compensated. It is also advisable to the client to provide all the relevant details to the
buyer before buying blocks in the property. The client also requires to keep written records
related to the flood.
Some of the precautions taken to mitigate the risks involved for the client while selling the
property are as follows:
 The client need to make risk insurance for acquiring and selling the property to protect
the investing amount (Morris, Beedell & Hess, 2016)
 It should follow all the changes made in NSW laws to prevent environmental and
safety risks
Answer 2
In the given scenario, Sandra signed the store account contract without reading the terms and
conditions which clearly stated that the store could seize any of the property of the buyer if failed
to pay any payment. Sandra failed to pay one payment for the lounge suite, and the store
demanded her to hand over the car to them. She has to face several legal issues for this. The store
will send a legal notice to Sandra for handing over her car to make the complete payment.
Moreover, the complaint can be filed by the salesman in the court against Sandra with proper
jurisdiction for not complying with the rules of the store account contract (Giancaspro, 2017). It

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is mentioned in the contract of sale that both the seller and purchaser should perform their duties
regarding the payment for the goods.
The salesman under the NSW contract laws can file a summary suit to Sandra for non-payment
(Newton & Lang, 2016). The defender will get only ten days for defending the suit in the court.
If Sandra fails to provide sufficient evidence for not paying the money and complying the terms
and conditions of the contract, then the court accepts all the charges valid. In case, Sandra
successfully proves that she was not aware of the conditions of the contract by showing
appropriate evidence, then the salesman has to face legal issues. Sandra can also sue for breach
of contract by the court.
Answer 3
In the given scenario, the insurer refused to pay the insurance claim made by Catherine and
James for the damage of the premises due to fire because after evaluating for ten months, the
insurer found that James was a bankrupt and Catherine was suspected by the previous insurer to
burn down her business premises intentionally. Both the partners can comply with various laws
for not disclosing all the information in the proposal form. The principle of utmost good faith
imposes a duty on the insurer as well as insured in the contract of insurance (Tarr, 2016). The
Insurance Act 1973 and 1984 governed the insurance companies in Australia, which state that
both the insurer and insured has the duty to disclose all the information in the contract. Insurance
fraud is dealt under section 192E of the Crimes Act 1900 in NSW (Carroll, To & Unger, 2015).
The insurer mentioned that Catherine and James had committed insurance fraud for getting the
insurance money. They may be sentenced to prison for ten years based on the above-mentioned
act and can be put criminal charges by the insurer. Catherine and James are advisable to be aware
of the legal issues faced with the insurer. It is advisable to counsel with the expertise or lawyer
for handling the legal issues imposed by the insurer. Based on the NSW laws of insurance fraud,
Catherine and James are advisable to seek legal advice as early as possible from the experienced
criminal lawyer for defending themselves as well as avoid long-term prison or fine.
Answer 4
After reviewing the scenario, it is noticed that Tom was willing to purchase the unit of the castle,
and thus, he interacted with Stephen to give him appropriate advice regarding the purchasing

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matter. Thus, according to the NSW legislation of Australia, it is essential for the parties to
consult with each other before taking any prior decision of purchasing the unit castle (Troy,
Easthope, Randolph & Pinnegar, 2017). Hence, following this rule it is advised that Tom should
analyze all the positive and negative outcomes of purchasing the unit castle because the presence
of negligence against Stephen can create a huge impact on his action. Another advice is that it is
important for both Tom and Stephen should interact properly regarding this matter so that they
can easily reduce the adverse action of the negligence.
According to my view, I will suggest that the advice should be different from that of Stephen’s
for presenting it in the office during the scheduled appointment. As per Stephen if insurance is
present in the unit castle, then it can be beneficial for the purchaser. However, as per my view, I
will advise that not only insurance but the castle provide positive results to the purchaser in terms
of its location in the market as well as property design. If the property is too old then, according
to the Australian NSW law, people should purchase it with their own risk (Hulse & Burke,
2016). Hence, it is advised that all these considerations should be noticed before purchasing the
unit castle by Tom.

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References
Carroll, R., To, C., & Unger, M. (2015). Apology Legislation and its Implications for
International Dispute Resolution. Disp. Resol. Int'l, 9, 115.
Giancaspro, M., (2017). Is a ‘smart contract' really a smart idea? Insights from a legal
perspective. Computer law & security review, 33(6), 825-835.
Hulse, K., & Burke, T. (2016). Private rental housing in Australia: political inertia and market
change. Housing in 21st-century Australia: People, practices and policies, 139-152.
Johnston, N. R., & Leshinsky, R. (2018). Gatekeeping information in the multi-owned property
environment: Stymieing buyers’ rights to discover and decide. Property
Management, 36(5), 506-520.
Morris, J., Beedell, J., & Hess, T. M., (2016). Mobilizing flood risk management services from
rural land: principles and practice. Journal of Flood Risk Management, 9(1), 50-68.
Newton, P. M., & Lang, C. (2016). Custom essay writers, freelancers, and other paid third
parties. Handbook of academic integrity, 249-271.
Tarr, J. A., (2016). Transforming insurance law: A comparative review of recent insurance law
reform in the United Kingdom and Australia. Insurance Law Journal, 28(1), 10-22.
Troy, L., Easthope, H., Randolph, B., & Pinnegar, S. (2017). ‘It depends what you mean by the
term rights’: strata termination and housing rights. Housing Studies, 32(1), 1-16.