SESSION 1 EXAMINATION CONVEYANCING LAW AND PRACTICE PDCV108 PROFESSIONAL SKILLS 2 Submission & Presentation: · Exams must be submitted electronically before 11.45pm on Friday 14th June 2019. · The...

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SESSION 1 EXAMINATION CONVEYANCING LAW AND PRACTICE PDCV108 PROFESSIONAL SKILLS 2 Submission & Presentation: · Exams must be submitted electronically before 11.45pm on Friday 14th June 2019. · The exam must be submitted on iLearn using the Turnitin button. · No extensions are available for this examination. Late submissions will not be accepted under any circumstances unless evidence of serious illness or misadventure is provided. · YOU MUST ANSWER ALL THREE QUESTIONS. QUESTIONS 1, 2 & 3 are worth 20 marks each. · All answers should by typed on single sided A4 paper using Times New Roman, size 12 font and DOUBLE SPACED using standard margins. · The answer to each question should be no longer than 750 words and less than 500 words including footnotes. Cases and legislation must be cited and quotes from other sources referenced. For items from the course materials it is sufficient to cite the original document. A bibliography is not required. · Clearly number each page of your answers and show the number of the question you are answering. Please commence a new question answer on a new page. · In line with University policy, no comments will be provided by the marker. When the marks have been finalised they will be displayed online and then posted to you in the usual way by the Conveyancing section of Arts/Law. QUESTION 1 The introduction of the Powers of Attorney Act 2003 has been a total failure. The introduction of a prescribed form which requires many deletions makes it a complicated document. It does not allow for the making of health and lifestyle decisions and the appointment of Licensed Conveyancers as prescribed witnesses to an enduring Power of Attorney has done nothing to help the public. Discuss this statement. QUESTION 2 It is nearly the end of June 2011 and Charles a licensed conveyancer and owner of the firm Rasberry Conveyancing is having a bad week Clients have refused to pay his bills recently. You can assume that the current Regulations were the Regulations in force at the time of the possible breach. 1. Five days ago at the end of a sale matter for Jenny Winter, Charles rendered his bill. Jenny was unhappy with his work as she was unaware she had to move out of the house on the settlement date and was not advised of this until she was asked to go urgently to Charles’s office to sign the transfer. Settlement was then delayed while she made arrangements to move. Charles is not too worried about this as now he has sent the bill he will take the $2,500 fees Jenny owes from trust and transfer to his office account today as she gave him money on account of fees and disbursements when he disclosed his costs which he told her would be kept in trust until he rendered a final bill. 2. David Williams was supposed to pay on completion of his purchase matter but David has received advice from a lawyer who has told him he need not pay Charles’s account as his fees were never disclosed. Charles thinks this is a minor oversight and has decided to take David to court to collect his fees after all the work he put in and the expenses he incurred for searches and other disbursements. Charles commenced another purchase matter for David but has now been telephoned by David’s new solicitor and asked to send the file over urgently as the solicitor must comply with the time limits in the contract. He has refused to comply with this request until he receives payment for his fees. 3. Dana the book-keeper for the firm suddenly left three weeks ago as she had a disagreement with Charles over his trust account dealings. She alleged that he had been depositing money directly into office when given money on account for disbursements. Charles reckons that is ok as he will be paying for the disbursements anyway from his office account. He hasn’t been able to find anyone to replace Dana and he has no idea how to manage the trust account as he copied his accounting assignment from a fellow student when he was undertaking his conveyancing studies. Charles has decided to leave everything to do with the trust account until he finds a replacement for Dana in a few weeks. 4. Yesterday Charles received a call from the Bank where he has his trust account to inform him that his trust account is overdrawn as one of his client’s cheques has bounced. Charles then remembers that he paid stamp duty for a client from trust because it was overdue knowing that the client’s cheque had not cleared. This is just another annoying situation that has occurred in this horrendous week but Charles is sure he has done nothing wrong. You are an experienced licensed conveyancer who mentors other conveyancers. Charles contacts you for assistance. By reference to the Conveyancers Licensing Act 2003, the Regulations 2018 to that Act and any other legislation or case law, write a letter of advice to Charles using plain language principles informing him of any breaches or errors he has made. QUESTION 3 The following wordy clause is a provision in a lease setting out the tenant’s rights: “The tenant has together with the right in common with the Landlord and all others having the like right to use for the purpose of ingress to and egress from Flat 3 the pathway leading thereto from Goodchap Road and also the right to use the yard at the rear of the Flat and the washing line situate therein TOGETHER WITH the free and uninterrupted use of all gas water electricity and other pipes passing in through or under any part of the property BUT excepting and reserving to the Landlord and the person or persons for the time being occupying any other part or parts of the property a) the free and uninterrupted use of gas water electricity telephone supply and other pipes in through and under the Flat and b) the right to install or renew any such services causing as little disturbance as possible and making good any damage forthwith.” Taking into account proper drafting and plain language principles redraft the lease clause. You are also to provide a brief summary of the problems you identified in the clause prior to your redraft: