Country : Australia
Investigations - Railcorp - Rosemary - Legislation - Law Assessment Answer 

Task:

Assessment objectives:

  •  Identify key issues
  • Identify relevant legislation and cases
  •  Analyse and apply law relevant to facts in the questions
  •  Demonstrate ability to evaluate and advise
  • Demonstrate knowledge and understanding of relevant subject matter

Facts:
On 20 April Rosemary delivers to you a contract for her purchase of a recently built house at Coffs Harbour and asks you to act for her on the purchase.  She bought the
house at auction on 5 April without having the contract checked.  You review the contract and note that: 
a)      there is a sewer service diagram in the contract which shows the house drainage lines but does not show any authority sewer mains, and
b)      the Section 149 certificate in the contract is dated 1 year prior to the date of exchange.

 

QUESTION 
You make the usual statutory enquiries in respect of the property and receive a response from Railcorp that:
“Railcorp is intending to construct an underground railway tunnel as part of a newly announced railway line and the property is within the site of one of three possible routes being considered for the tunnel.  The final decision as to the route to be adopted will not be made until the results of all current investigations are received.”

 

Does Rosemary have any rights as a result of this Railcorp response?  Explain your reasons.

Why have a “contract”?

 

 

Module Review questions

Under what circumstances and when should a vendor of Torrens title land prepare and forward to the purchaser an abstract of title?

Briefly describe the form an abstract of title of old system land would take.

List the elements that make up a proper abstract of title.

Summarise what you understand is meant by a "good root of title" ?

In the Gateway Developments case, why did Helsham J reject the instrument of appointment and the will as good root of the title?

 

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  • Uploaded By : ethan
  • Posted on : September 30th, 2018
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