Submission Format: PDF (see submission information below)
Assignment Type: Essay
Due date: 28 September 2011
Length: 2,500 words
Below is a case-scenario. Prepare a well-researched brief that covers the relevant legal issues (appropriately referenced).
Tony is a New South Wales solicitor who has mainly dealt with taxation legal problems over the last ten years but he wishes to expand his practice into property litigation. He would like to refresh his knowledge on indefeasibility of title under the Torrens system in NSW. He is particularly interested in the timing of indefeasibility and the exceptions to indefeasibility. Like most busy legal practitioners, Tony has very little time to do in depth research into a matter outside of his immediate day to day cases. He approaches you and asks you to do research into indefeasibility of title under the Torrens system and provide him with a succinct paper which covers the relevant legal issues. Tony is aware that the legal texts may be out of date so he asks you to research recent case law and recent journals to see whether or not there have been any important changes in the judicial stance or academic stance with regards to indefeasibility of title.
With reference to legal authority, provide Tony with the relevant information.
Checklist for Assignment 1:
- In answering this question, it is important that you restrict your advice to property law issues;
- You may wish to research immediate and deferred indefeasibility;
- You may wish to research paramount interests;
- You may wish to research statutory exceptions, volunteers, overriding statutes, rights in personam, grant reservations and conditions, and the general power of the Registrar to correct the Register;
- Before commencing your research on recent cases that are of relevance to indefeasibility of title, you may wish to make sure that you are familiar with how to search in the ‘Current Awareness’ tab in Legal Online (available online to UNE students).
- You may wish to familiarise yourself with the Real Property and Conveyancing Legislation Amendment Act 2009 (NSW).