University : Queensland University of Technology UniLearnO is not sponsored or endorsed by this college or university.
Subject Code : LWS012
Assignment Task :

QUESTION 1 

You MUST answer ALL parts (a), (b), AND (c). (750 words maximum) For each sub-question ensure you refer to relevant legislation and/or case law in your answers. 

In your answers you are required to assume that all planning requirements, and any  development requirements or other local government requirements have been or will be satisfied. That is do not address those matters in your answers. 

(a) Sally owns a very old, very small house in Albion that is located on a very large block  of land. The previous owner Caitlin, who died last year, was a very, very famous artist  who is well known for her unique statues. The block of land has a very large garden in  which there are 15 big (and heavy) statues of local politicians. Caitlin and her son Harry 

operated the garden as a public art gallery, and the statues were made by Caitlin  specifically to display in the garden. Sally wants to renovate the house and subdivide the  land, but first needs to move the statues. 

Advise Sally if she can move the statues; and if yes, what is the process she must follow.  (250 words maximum) (5 marks) 

(b) To buy the land referred to in Part 1(a), Sally had to borrow money from Charlie. In return  for that loan, a mortgage in favour of Charlie was registered over the land. Sally now wants to borrow more money to renovate the existing house, and to subdivide the land.  Due to other commitments Charlie is not able to lend Sally any more money, however,  David is able to lend Sally the money she needs to complete the renovations and the  subdivision works. 

Advise David what he should do to protect his investment.  

 

(c) Assume that if the block of land (as referred to in Part 1(a) and in Part 1(b)) is subdivided  into two blocks, that one block will not have a street frontage. Explain how Sally can ensure  that both blocks will have street access. Advise Sally. 

 

QUESTION 2 

Ensure you refer to relevant legal tests, legislation and/or case law in your answer. 

Jamie and Peter, who have operated a construction partnership for the last 15 years in New  York, relocated to Brisbane in January 2020. Jamie and Peter have decided that they want to  buy a construction business in Queensland. As they are not familiar with the Brisbane market,  in order to find a suitable firm to buy they engage Xavier Jones Consulting (‘XJC’) to assist  them. 

XJC provides specialist consultancy advice to construction firms. Its two partners are Xavier Jones and Marilyn Runmoe. As part of the services that XJC offers to all clients Marilyn, who is a highly qualified accountant, reviews the detailed financial accounts of prospective companies, theirsocial media presence, and their compliance history with the building regulator. Clients also can provide other instructions of matters they want to be investigated. Once all investigations  are complete, a detailed report is prepared for the client of the firms they could try to buy. 

Xavier and Marilyn usually meet with clients together. However, due to traffic delays caused  by an accident, Marilyn was not able to make the second meeting with Jamie and Peter. In that  meeting Peter, whose previous business experienced problems due to his former partner’s  gambling habit, expressed concern about how many small businesses operate. In response, 

Xavier promised detailed searches also would be undertaken of each director or operator of the firms being investigated. Jamie and Peter were happy with this promise and so signed the  appointment letter. 

All investigations were completed, and the report was prepared and presented to Peter andJamie.  Based on that report, they decide to buyCity Holdings(‘CH’) from Bobcat Pty Ltd. CH is a small,  but apparently very profitable, business specialising in renovations. Six months later they discover that: Bob (the sole director and sole shareholder of Bobcat Pty Ltd) is bankrupt; Bob had presented false accounts of CH for inspection; and CH was used to guarantee money to Bobcat  Pty Ltd’s creditors. They also discover Xavier had not told Marilyn about the need to undertake  the additional searches of the business operators, so these were not ordered.  

 

Question 2 continued 

If the searches had been done, then CH’s, Bobcat Pty Ltd’s, and Bob’s true financial positions  would have been known. Peter and Jamie are furious as CH is worth nothing; and they are unable  to recover any money from Bobcat Pty Ltd, because it is now in liquidation, or Bob due to his  bankruptcy. Peter and Jamie come to you wanting to know what rights (if any) they have in  contract law against XJC.  

 

This Law Assignment has been solved by our Law  Experts at UniLearnO. Our Assignment Writing Experts are efficient to provide a fresh solution to this question. We are serving more than 10000+ Students in Australia, UK & US by helping them to score HD in their academics. Our Experts are well trained to follow all marking rubrics & referencing style.

Be it a used or new solution, the quality of the work submitted by our assignment experts remains unhampered. You may continue to expect the same or even better quality with the used and new assignment solution files respectively. There’s one thing to be noticed that you could choose one between the two and acquire an HD either way. You could choose a new assignment solution file to get yourself an exclusive, plagiarism (with free Turnitin file), expert quality assignment or order an old solution file that was considered worthy of the highest distinction.

Eureka! You've stumped our genius minds (for now)! This exciting new question has our experts buzzing with curiosity. We can't wait to craft a fresh solution just for you!

  • Uploaded By : Grace
  • Posted on : November 18th, 2018

Whatsapp Tap to ChatGet instant assistance