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Property Law Issues and Clarification Regarding the Legislatures

  1. Federal legislation does not become law unless it has successfully passed a series of steps. Outline the stages through which a proposed bill must pass before it is enacted into law. (Outline how laws are enacted and their underlying policy aims)
  2. Murray Osborne designs handbags and attaches his distinctive mark to all of them.

He has registered this as a trademark in NSW. He notices that wallets are being sold at the market with the same mark, but they are not his designs. He can see that they are clearly of an inferior quality and is concerned that this will reflect poorly upon his handbags.

What rights does Murray have with respect to his trademark? In your answer explain what remedies are available to him and how he should proceed.

(Outline legal aspects of personal property law: intellectual property law, patents, copyrights, trademarks, personal property securities law)

1. Daniel, a property developer, is selling a house to Peter, who is 25 years old and intellectually impaired. Houses of an equivalent size and quality in the area generally go for about half the price that Daniel has negotiated with Peter.

Peter has paid the deposit and waived the cooling off period under the contract. Peter’s cousin, Jeremy, learns of the deal and is very concerned. Jeremy is Peter’s legal guardian. What can he do legally to help Peter?

(Explain how those laws may be interpreted by existing common law and equitable rules and applied to property laws).

2. A couple who own their own residential property as joint tenants run into marital trouble and separate. The husband immediately changes his will so that, rather than everything passing to his estranged wife on his death, it now goes to his brother and sister in equal shares. He is killed in a traffic accident before any settlement is reached on the house.

Explain who is entitled to the husband’s share of the house and why.

Explain who would be entitled to his share if the couple had owned the house as tenants in common and why.

Ignore any family law issues.

(Explain the operation of the Australian legal systems and processes relevant to property law including: basic principles, current statute, common law and equitable principles; roles and responsibilities of key organisations; constitutional considerations; separation of powers; basic principles of the law of torts, particularly relating to negligence and negligent misstatement, courts and regulatory bodies)

1. Harry and Sally make an offer to buy a house in NSW. The agent tells them they should exchange immediately because George, who is parking his car outside, is also interested. Harry tells Sally that they should go ahead, even if they don’t have their finance approved, because they can easily withdraw from the contract. They immediately exchange contracts. George is angry about this and tells the agent he was prepared to offer $20,000 more than Harry and Sally. The vendor hears about George’s counter offer and instructs the agent to cancel the contract with Harry and Sally. Outline the respective legal rights all of the parties.

(Outline legal aspects of real property law: the Torrens system, native title, leases – commercial and residential, mortgages and securities, easements, restrictive covenants, co-ownership, strata and community title.

2. Donna has leased a home unit to live in for the past two years. The lease expired two weeks ago and the real estate agent has just advised her that the rent will go up by 5% at the end of this month.

Refer to the Standard form Residential tenancy agreement to advise whether the landlord can do this.

(Outline legal aspects of real property law: the Torrens system, native title, leases – commercial and residential, mortgages and securities, easements, restrictive covenants, co-ownership, strata and community title)

3. Donna is not happy about her rental increase and decides to leave the property. She packs up her goods and goes. In doing this she takes with her a pot-bellied stove that she had installed. This leaves behind a hole in the ceiling. She took an air conditioner that the landlord had installed, and this leaves behind a hole in the wall. The flat is also dirty and the carpet is ruined. She also leaves behind a number of pieces of items that she doesn’t want anymore including a broken lounge and fridge and an old mattress.

Refer to the Standard form Residential tenancy agreement to determine what action it is appropriate for the landlord to take.

(Outline legal aspects of real property law: the Torrens system, native title, leases – commercial and residential, mortgages and securities, easements, restrictive covenants, co-ownership, strata and community title)

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