fundamental constraint on judicial decision

Please note that Provide all the answer in detail with proper explanation and there is no word limit for this assessment.

1.)

List the three (3) functions of Government referred to in the doctrine of the separation of Powers.

Please provide a details explanation and example to illustrate the role of each function.

 

2). The doctrine of precedent is a fundamental constraint on judicial decision making in Australia.

Explain in detail what is precedent and why precedent is important. Use example to explain in your answer.

 

3). What us meant by delegated or subordinate legislation and explain why it is particularly important in ensuring clients are properly advised about business compliance? – Explain in detail.

 

4). Peter owns a property in regional Western Australia and has made a discovery of gold and nickel in the soil of this property – Discuss in detail.

  • Whether the valuable mineral belong to peter. Why or why not?

 

  • Is he free to exploit them as he chooses? Why or why not?

 

5). Describe in detail he major functions of the Commonwealth Parliament (In detail)

 

6). Describe in what is meant by native title. Include in your answer the legislation claims for native title.

7).Describe the ways in which native title can and cannot be dealt with.

Include your answer the body.  That assists the Federal Court in managing and determining native title.

8).If the Federal Court decides that native title does exist, what other matters will it make decisions about? Explain in detail

9). What is  determination of native title ? (Explain in more detail)

 

10).Joanne, Mark and Marie are client who operate as a partnership selling cupcakes to the general public. They currently rent retail premises but are looking at buying their own shop.

Advise them in detail as to whether they should co-own as joint tenants or tenants in common, giving reasons for your answer.

 

11). Candice intends for her property development to maintain its value and character. She would like to set limits on the design of the residential buildings and the materials to be used, even after she has moved on to other projects.

What is legal process would you recommend Candice use? – Explain in details

12)What are the differences between the Equitable Interest in Land and Torrens System of Land Title ?

Explain in briefly (Details).

13) Explain the Key features of the Strata Tile, Strata Corporation and Community title.

Include the main advantages and disadvantages of each one in detail.

14)What is an easement of necessity. And explain it would arise?

(Your answer should include what an easement is) – Explain in detail

 

15). The following questions (Q15-Q17) relates to Phil and Claire; Clients who are interested in investing in real property. You are requires to provide them with detail answers to the following question.

Phil and Claire expect to enter into terms into Torrens Tile mortgages to purchase their investments properties. They are worried that if they default on a mortgage, that the mortgagee bank will immediately be able to foreclose on the property and they will lose everything.

  • Is their statement correct? (Yes or No answer is required, Please provide an explanation to support your answer in detail)
  • Explain to Phil and Claire what is the nature of a Torrens Tile Mortgage and What happens if a mortgagor default.

16). Phil and Claire are investigation a number of options, including buying a property in the city.

In order to decide whether to invest in an apartment or an office, they would like to know the differences in leasing to a residential tenant as compared to a commercial tenant. Explain in detail.

 

17). Phil and Claire would like to know what is the requirement of the Contract for the Sale of Land, also they are unsure as to why they will need the services of conveyancer.

They have asked you to explain what are the requirement of the contract for the Sale of Land and What a conveyancing service would do for them and if it is necessary ? Explain in detail.

 

18). The following question (Q18-Q20) relate to Basil and Sybil. They are partners in a business that manufactures towels and similar items, called ‘Fancy Towels’. They are keen to raise further capital to expand their business and are seeking your advice on various business and property matters.

What is your advise to Sybil ?

Your answer must include the explanation of the life interests.

19). Basil and Sybil own the land on which the Fancy Towel factory is located as joint tenants.

Is Basil able to sell the land without Sybil’s permission or leave it in his will to someone other than her? – Explain in detail.

20) Manuel, Basil’s brother, has offered to lend Basil and Sybil $100,000 secured by a mortgage against the factory. For various reasons, Manuel does not intend to register the mortgage on the certified of title.

If Basil and Sybil subsequently wanted to sell the factory building without paying back the loan, is there any way Manuel can protect his interest ? – Explain in detail.

 

21). For Australia to become a republic, the Constitution has to be changed.

What requirements must be satisfied before a constitutional change is valid? – Explain in detail.