FNSTPB505 Property Law: Analysis of Legal Principles & Scenarios

This assignment solution for FNSTPB505 Property Law comprehensively addresses key concepts within the Australian legal system, interests in real property, and shared or transferred interests. It explores the differences between legislation and common law, emphasizing the power of legislation and the importance of legal precedents. The solution also examines the influence of different tiers of government on businesses, delegated legislation, and the incorporation of natural justice into the court system. Furthermore, it delves into the intricacies of real property ownership, including fee simple estates and the Torrens System, while analyzing scenarios related to trust property and mineral rights. Students can find this and other solved assignments, plus a range of study tools, on Desklib.

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

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

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

Property Law Assignment 1602
Activity instructions to candidates
 This is an open book assessment activity.
 You are required to read this assessment and answer all 6 questions that follow.
 Please type your answers in the spaces provided.
 Please ensure you have read “Important assessment information” at the front of this assessment
 Estimated time for completion of this assessment activity: 2 hours
Question 1.1
What are the two main sources of law in Australia? Which is most powerful? Why?
Question 1.2
Why is precedent important?
Question 1.3
Which tier of government, federal, state or local do you think has the greatest influence/effect on businesses
in the financial services environment? Why?
There are two main sources of law in Australia, legislation and common law. Legislation is more
powerful than common law. Legislation implies laws made by the parliament. Whenever there is
an inconsistency between the common law and legislation, the provisions of the legislation will
prevail.
Precedents are the judge-made laws. Judges often refer to the decision of a previously decided case
while deciding on a case of similar nature. These judgements takes the form of law. These precedents
are important because they maintains the consistency, fairness and predictability of common law.
The laws made by the federal government has the greatest influence as the laws made by the state or
local government is only applicable to that particular state or locality. Moreover, any law inconsistent
with the federal laws will be rendered void to the extent of its inconsistency.
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Property Law Assignment 1602
Question 1.4
Using examples, explain what is meant by 'delegated' or 'subordinate legislation'. Why is this type of legislation
particularly important in ensuing clients are properly advised about business compliance?
Question 1.5
Australia's legal system is based on the 'rule of law' central to which is natural justice. How is natural justice
incorporated into our court system?
Sometimes, the parliament delegates their legislative powers to an executive body. The laws made by
such executive bodies are called delegated legislation. For example, regulations made by a company to
ensure safety of its workers.
These are important to business compliance as they are part of the legislation and it gives an intricate
detail to the general principle provided in the legislation and are also amended frequently.
Natural justice is based on the principle of freedom from bias and the right to be heard. A judge must
be impartial while deciding on a case. He should have personal interest in the case and should not be
biased while deciding on a case. Moreover, the person who is being affected by the court’s decision
must be provided with a chance to present his view and evidence on the same. That is how natural
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Property Law Assignment 1602
Question 1.6
Test your knowledge: Complete the following crossword puzzle
Across
1. The lower house of Federal Parliament is the House of……..
2. Criminal law is an example of ……….law.
3. The Council of Australian Governments is also known as ……..
4. Type of law making power under s90 of the Constitution wherein only the Federal parliament has the power
to make law over customs, excise and bounties.
5. Type of law making power under the Constitution wherein only the State parliaments have the power to
make legislation regarding certain subjects.
Down
1. The most powerful form of law is…
2. Law of fairness and good conscience.
3. The power to implement and administer laws.4. Parties submit their dispute to an impartial third party who
will make a decision for the parties to which they are contractually bound.
5. The foundation of common law is the Doctrine of……
6. Specialised bodies set up by government to hear specific matters.
Unit: FNSTPB505

Property Law Assignment 1602
Activity instructions to candidates
 This is an open book assessment activity.
 You are required to read this assessment and answer all 7 questions that follow.
 Please type your answers in the spaces provided.
 Please ensure you have read “Important assessment information” at the front of this assessment
 Estimated time for completion of this assessment activity: 2-3 hours
Question 2.1
Midas owns a property in regional Western Australia and is thrilled to have discovered generous veins of gold
and copper in the soil. Do these minerals belong to Midas? Is he free to exploit them as he chooses?
Why or why not?
Question 2.2
No, the minerals does not belong to Midas, as no property in Australia is vested solely to a person. No,
he is not free to exploit those minerals as he chooses.
Unit: FNSTPB505
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Assessment Activity 2:
Introduction to Interests in Real Property(Chapter 2)

Property Law Assignment 1602
What is a fee simple estate?
Question 2.3
Ophelia has recently started a new business and intends to use the house she has received from her
grandfather as security for a loan to inject capital into her business. She seeks your advice. Will she be
successful in her loan application? Give reasons for your answer.
Question 2.4
List four advantages of the Torrens System of Land Title. What are the commercial benefits of this system?
Fee simple estate is a form of freehold ownership of estate in land. It implies a form in which real estate
and land is owned in common law countries. It the highest possible ownership that can be held in
property.
Yes, Ophelia will be successful in her loan application as having received her the house from her
grandfather she is vested with the ownership of the house.
The four advantages of the Torrens System of Land Title are:
1. The owner will hold a clear document of title.
2. It has simplified the ordinary dealings.
3. It ensures protection against fraud.
4. The ownership of land and rights pertaining to it of all the persons holding the lease or charge
cannot be denied.
The commercial benefits of Torrens System of Land are:
 It is a conclusive evidence of ownership.
 It has provided a facility to transfer.
 It requires compulsory registration of titles.
 It provides an assurance fund.
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Property Law Assignment 1602
Question 2.5
Errol and Flynn are beneficiaries of a trust created by their mother's will. Victor is the trustee of the trust. The
majority of the trust property is land. Both Errol and Flynn are concerned about Victor's recent behaviour as
trustee and are unsure if he is acting in their best interests. What could they do to protect their interest in the
trust property? Why?
Question 2.6
Jesse owns a mixed business commercial property next door to Benji's Pizzeria. As an advertising promotion,
Benji has fixed a 60m inflatable pizza on a line at the end of a 90m pole which blows in the wind, both over
Benji's Pizzeria and over the car park of Jesse's property. Jesse wants this intrusion stopped. Advise Jesse.
Question 2.7
Yes, Errol and Flynn can protect their interest in the trust property as the trustee may bring an action
against the trustee if the trustee if he is doing anything wrong with the property.
Yes, Jesse may stop the intrusion. He may bring an action against Benji Pizzeria for nuisance caused to
him.
Unit: FNSTPB505

Property Law Assignment 1602
Using
examples, define a chose in possession.
Activity instructions to candidates
 This is an open book assessment activity.
 You are required to read this assessment and answer all 6 questions that follow.
 Please type your answers in the spaces provided.
 Please ensure you have read “Important assessment information” at the front of this assessment
 Estimated time for completion of this assessment activity: 2-3 hours
Question 3.1
What is the difference between holding land as joint tenants and holding land as tenants in common? How
would you explain this difference to a client?
Chose in possession implies a vesting of actual possession of a right in person. In chose in possession, all
proprietary rights in personam implies right, which is in claimant’s possession. For example, money a
person has in possession is chose in possession, but money a debtor owes to him is not.
In case of joint tenancy, the ownership in property is held by the tenants jointly. The joint tenants does
not have any right of conveying his share in land by way of sale, will or gift. The property is passed on to
the other tenants by the right of survivorship. The property held in joint tenancy would not assign any
share of the land to the tenants, it renders a joint ownership of the whole property equally.
However, tenancy in common confers the tenants with a particular share in the property. The tenants
in common possess the rights of conveyance through sale, gift or gift. It assigns equal or unequal share
of rights in the property.
Unit: FNSTPB505
Assessment Activity 3:
Shared and Transferred Interests in Real Property(Chapter 3)

Property Law Assignment 1602
Question 3.2
Shenzi, Timon and Nala are cousins and joint tenants in a property left to them by their grandmother in her
will. Shenzi is your client and is in substantial debt. She tells you that she wants to sell the property and use the
funds to reduce her debt but Timon and Nala do not agree. Schenzi tells you that she is going to go ahead and
sell her share of the property anyway. Can she legally do so? Advise Shenzi of any options she may have.
Question 3.3
Bella, Rosalie and Alice are clients who have set up a partnership as florists. Their business is thriving, and they
no longer wish to rent retail premises, but buy their own. They have found an appropriate shop, and
settlement is in one month. They seek your advice as to whether they should co-own as joint tenants or
tenants in common. Advise them, giving reasons for your answer.
No, being a joint owner in the property, Shenzi cannot go ahead with the sale as she does not possess
any conveyancing right. However, she may inform the other joint tenants to severe the joint tenancy
and form a tenancy in common. In case of refusal by other tenants, she may approach the court for the
same.
They should own the property as tenancy in common. This would provide them with a conveyancing
right in case of any dispute arising between them severing the partnership.
Unit: FNSTPB505

Property Law Assignment 1602
Question 3.4
Edward, a client, has recently bought land in Sydney on which he intends to build an office building. His
architect has informed him that the placement of the building on the block is limited because of an easement
on the land held by Sydney Water. Explain to Edward what that means.
Question 3.5
Priya has recently bought a strata title unit in South Australia and her brother Gani, has bought a strata title
unit in Victoria. Is there any difference in the boundaries of what they own under the strata title system in the
two states?
Easement means a bundle of rights shared by a group persons owning property in the adjacent areas of
the land to which the easement is pertaining to. It means Edward cannot use the land to build an office
building as the easement rights of the same is held by Sydney Water.
Strata title unit is a part of the property, which is owned solely by an individual whereas the ownership
of the rest of the property is shared jointly by other persons.
Unit: FNSTPB505

Property Law Assignment 1602
Question 3.6
Margaret intends that her property development will maintain its value and character. She wishes to set limits
on the design of the residential buildings and the materials to be used, and to have these limits apply well after
she has moved on to other projects. What legal process would you recommend she use? Why?
Assessment Activity 4:
Personal Property (Chapter 4)
Activity instructions to candidates
 This is an open book assessment activity.
 You are required to read this assessment and answer all 6 questions that follow.
 Please type your answers in the spaces provided.
 Please ensure you have read “Important assessment information” at the front of this assessment
 Estimated time for completion of this assessment activity: 2-3 hours
Question 4.1
Kamani has entered into a contract with Piotr, a plumber to install a series of replacement pipes at her cafe.
Will this contract be considered a contract for the sale of goods? Give reasons for your answer.
Question 4.2
Willow owns and operates a shop selling books and gifts, 'All the World's a Page' in Paddington, Sydney.
Willow supplies books both as a wholesaler and retailer. On Monday, Dawn attended at the shop and chose
No, the contract for installing a series of replacement pipes by a plumber is not a contract for sale of
goods. It is a contract for sale of services.
Margaret should use restrictive covenants for this because restrictive covenant will impose restriction
on the adjoining properties to preserve the value of the property she owns.
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Property Law Assignment 1602
and purchased 7 books. Dawn was also interested in purchasing a small display case but the only one available
was in pieces in a box and required construction. Willow agreed that if Dawn wished to purchase and pay for
the display case immediately, she would construct the display case and Dawn could collect it on Tuesday.
Dawn agreed and decided she would also collect the books the next day.
On Monday, Willow also received an order for 22 copies of the book 'Masterchef the Musical', from Buffy, the
owner of a book shop in Parramatta. The 22 books were dispatched in Willow's delivery truck with a further 70
'Masterchef the Musical' books to fill two other orders in Parramatta.
Unfortunately, on Monday night, an electrical fault in the shop next door caused a fire which spread to , 'All
the World's a Page' and the shop and its contents were destroyed. Dawn arrived to collect the 7 books and the
display case on Tuesday morning, but finding them destroyed, demanded the return of her money. Willow
refused.
In a further blow, the delivery truck was involved in an accident causing great damage to the books. When
Buffy finally received the books she refused to accept them because of their seriously damaged condition, and
refused to pay for the order, insisting that it was not her loss to bear.
Willow is your client and seeks your advice as to who must bear the loss of the various goods.
Give reasons for your conclusions.
Question 4.3
Both the contracts will be frustrated as in the first case the books were destroyed by fire and in the
second case the books were damaged in an accident. In both the cases none of the parties were at
fault. However, Willow is under an obligation to refund the money Dawn and Buffy is not obligated to
pay for the books or accept the deliveries.
Unit: FNSTPB505

Property Law Assignment 1602
Seth is a client who operates a sporting goods shop, 'Life's a Ball'. Seth has recently visited his regular supplier
and purchased what he believed to be 20 full size netball rings to sell to customers in his shop. He attended at
his supplier's warehouse and chose the netball rings relying on the description on the boxes in which they
were contained and also on the recommendation of the supplier who stated that they were suitable for all
adult netball competitions. On unpacking one to put on display Seth discovers that it is a 'junior' size only, a full
metre smaller than full size.
The supplier also showed Seth a sample of a new cricket top which was made from a fabric the same colour
and weave as the uniforms of the Australian cricket team. Seth believes the tops will sell well and orders 50 in
various sizes. When they are delivered to Seth's shop a week later, they are a slightly different colour and a
very different weave from the sample.
Seth seeks your advice as to what action he may take. Give reasons for your recommendations.
Question 4.4
What is the purpose of the national Personal Property securities register? What are its advantages?
A consumer may claim refund of the payment made or replacement of the goods if, the goods he
bought does not matches with the description depending on which they were bought. In this case, Seth
may claim refund or replacement of the goods bought.
The National Personal Property Securities Register is a national online register. It provides information
to the consumers while they are purchasing personal property.
It helps the customers avail knowledge about the property they are buying. It protects the customers
from frauds.
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Property Law Assignment 1602
Question 4.5
To what contracts does the Vienna Convention apply?
Question 4.6
Estelle owns a large concreting business as a sole trader. The business operates ten concreting trucks, each
worth approximately $200,000, five of which Estelle holds freehold. Estelle would like to expand the business
further but to do so she requires further capital and is reluctant to mortgage her home.
What would you advise her to do?
Vienna Convention applies to the contracts for International sale of goods.
Estelle has an option of mortgaging her five concreting trucks owned by her in free hold to avail capital
to expand her business. This is because freehold properties are owned by the owner with an absolute
right.
Unit: FNSTPB505

Property Law Assignment 1602
Activity instructions to candidates
 This is an open book assessment activity.
 You are required to read this assessment and answer all 6 questions that follow.
 Please type your answers in the spaces provided.
 Please ensure you have read “Important assessment information” at the front of this assessment
 Estimated time for completion of this assessment activity: 2 - 3 hours
Question 5.1
When does copyright 'subsist' or come into existence? How is copyright a valuable asset in business?
In Australia, copyright is automatic. A person does not need to register or publish a work in order to
protect it under copyright. Bringing a work in material form attracts the protection of copyright.
Copyright is a valuable asset in business because it reserves the rights to reproduce the work protected
under copyright.
Unit: FNSTPB505
Assessment Activity 5:
Intellectual Property:
Application ,Protection and Commercial Value (Chapter 5)

Property Law Assignment 1602
Question 5.2
Daya was employed as an IT specialist in a large firm providing accounting and financial services. Daya did not
find her job very challenging and so, acting under her own initiative she created a new software program
which streamlined the assessment of customer needs, risk profiles and service provision. The program was
successfully adopted by the whole firm. It is now six months later and Daya has resigned to set up her own
business producing and marketing the software program she has created.
Discuss the issues raised by these circumstances.
Question 5.3
What principle was illustrated by the case of Meskenas v ACP Publishing Pty Ltd (2006) FMCA 1136?
Question 5.4
What happens to the invention once a standard patent or an innovation patent has expired?
Question 5.5
Daya has the copyright in the software she created. The company has adopted the same but it did not
availed the copyright of the same from her. Therefore, the copyright of the program is vested in Daya.
Therefore, the company has no right to create issues relating to the copyright of the same.
Principle relating to artist’s moral was illustrated by the case of Meskenas v ACP Publishing Pty Ltd
(2006). Moral rights are attached to every creative material produced by a person.
Once a standard or innovation patent has expired, anyone can copy or reproduce the same. However,
someone else would not be able to apple for the patent of the same.
Unit: FNSTPB505

Property Law Assignment 1602
What remedies may be sought by the owner of a trademark that has been infringed?
Question 5.6
What action would you advise a prudent business client to take to minimise the risk of breach of confidence
taking place?
The owner of a tra
trademark.
The prudent business client would bring an action against the wrongdoers who are supposedly
breaching the confidentiality. The client should read the confidentiality agreements properly.
Unit: FNSTPB505
Assessment Activity 6:
Property and Managing Risk (Chapter 6)

Property Law Assignment 1602
Activity instructions to candidates
 This is an open book assessment activity.
 You are required to read this assessment and answer all 7 questions that follow.
 Please type your answers in the spaces provided.
 Please ensure you have read “Important assessment information” at the front of this assessment
 Estimated time for completion of this assessment activity: 2-3 hours
Question 6.1
What are the uniform matters which are set out in the Civil Liability Acts for establishing the required standard
of care in a particular situation?
Question 6.2
What risk management practices would you advise a business client to put in place to minimise the likelihood
of negligence occurring in the course of their business activities?
The uniform matters, which are set out in the Civil Liability Acts for establishing the required standard
of care in a particular situation are:
 The probability that a harm will occur was not taken care of.
 The likely seriousness of the harm
 The burden to taking precautions to avoid the risk of harm
 Social utility of the activity that creates the risk of harm.
The risk management practices that a business must have been put in place to minimise the likelihood
of negligence occurring in the course of their business activities are insurance, indemnity and insurance
relating to vicarious liability.
Unit: FNSTPB505

Property Law Assignment 1602
Question 6.3
What must a defendant establish to successfully rely on the defence of volenti non fit injuria?
Question 6.4
A client, Dennis, a developer, has recently purchased two vacant blocks of land beside each other in a newly
subdivided area. He commences building two townhouses for investment purposes. There is a vacant block
beside the blocks he is developing and to make it easier to work on his own sites, equipment and materials are
A defendant must establish that the plaintiff has anticipated the tort. The plaintiff must have taken no
action about the same. The plaintiff has wilfully placed himself in that position. These are the facts that
the defendant must establish to avail the defence of volenti non fit injuria.
Unit: FNSTPB505

Property Law Assignment 1602
stored on that site. Sometimes it is also used as a car park by his workers. Dennis has now received a letter
from the owner of the vacant block threatening legal action against him.
Explain to Dennis the likely nature of the legal action, why he may be liable and the possible consequences.
Question 6.5
Chantelle is an engineer whose core business is the design and construction of prototype products on a project
basis. The business is run from workshop and office premises which Chantelle rents. When a client attends the
workshop for a scheduled meeting, poorly stored materials collapse, causing the client serious injury.
Chantelle will be liable for her client's injury because of:
Question 6.6
What kind of damages did the Civil Liability Acts limit across the jurisdictions?
Dennis will be liable under nuisance as he infringing upon someone else’s land he has committed a tort
of nuisance. The owner of the land may bring an action against Dennis for nuisance.
Chantelle will be liable for her Client’s injury because of negligence.
Civil Liability Acts limit its jurisdiction to the exemplenary damages.
Unit: FNSTPB505

Property Law Assignment 1602
Question 6.7
Aladdin wanted to buy a second retail business which included the purchase of the property from which the
business operated. Aladdin therefore sought the advice of Jasmine, an accountant and business adviser
employed by Jafar Consulting. Jasmine advised Aladdin to take advantage of the public's huge interest in home
improvement and purchase the Old Lamp Hardware Shop. Jasmine told Aladdin that the business was very
financially successful and had been for 20 years. Jasmine also told Aladdin that the land upon which the
business was operating could easily be subdivided so that Aladdin could build and lease out further retail
premises. Aladdin, relying on Jasmine's advice, purchased the land and business for $1.8million.
Sadly for Aladdin, after 6 months, the Old Lamp Hardware Shop is losing money. Aladdin has lost the purchase
price and has had to mortgage the land to keep trading. An enormous new Bunnings Hardware store opened
across the road 2 months after Aladdin had bought the Old Lamp Hardware Store. Aladdin had discovered that
this, together with two years of poor financial performance is why the previous owners were selling. Aladdin
has also discovered this was common knowledge in the hardware and retail industry and that Jasmine should
have known this. Aladdin has also discovered that subdivision of the land is not permitted under current
planning laws.
Aladdin contacted Jasmine and demanded a meeting. Jasmine went to meet Aladdin at the Old Lamp
Hardware Shop but on entering she slipped over on a scattering of loose nails which had fallen from their
display 4 hours earlier. Unfortunately, whilst another person may simply have been bruised, Jasmine has
suffered fractures to both ankles and hips and one of her wrists because of a pre-existing bone condition of
which Aladdin was unaware. Aladdin does not think he should be held liable for Jasmine's injuries.
In the circumstances, what insurance would have been commercially and legally useful to Aladdin, Jafar
Consulting and Jasmine? Give reasons for your answer.
Unit: FNSTPB505
Business indemnity insurance will be legally and commercially useful to Aladdin as it would provide
indemnity in case of losses.