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Real Property Law

Order Description

Instructions:
1. This is a research assignment on key principles of land law. It is worth 40% of the overall marks for this course.
2. You are required to answer two (2) questions from the choices below:
? one question from Part A, and
? one question from Part B.
3. All questions are of equal value.
4. In preparing your answers, you are required to read more widely than the prescribed readings. The additional references in Webb & Stephenson, and the references lists on Moodle will provide a good starting point.
5. You must attach the completed cover sheet. Assignments will not be accepted unless a signed cover sheet is attached.
6. Start each of the two questions on a new page and indicate clearly which question you are answering.
7. You must comply with the Style Guide which is included in the Course Outline.

Datedue: Thursday10September20155.00pm(Week7)
You must submit by the due date via Turnitin on the Moodle site for the class, AND place a hard copy in the TABL 2972/BENV 2814 Assignment Collection Box in the School of Taxation and Business Law (Quad Building on second level in South Wing).

Word limit: 2000 words total – i.e. 1000 words for each question. ________________________________________________________________________
PART A: Answer ONE question from this part

Question One:
Critically evaluate the following extract from the judgment of Blackburn J in Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141 at 171 as a statement of the nature of proprietary interests:
“I think that property in its many forms, generally implies the right to use or enjoy, the right to exclude others, and the right to alienate. I do not say that all these rights must co-exist before there can be a proprietary interest, or deny that each of them may be subject to qualifications.”
You should address each of the three rights listed by Blackburn J. You may also wish to refer to other characteristics of property. This question does not require you to consider Native Title.

Question Two: NB. If you have answered Question One, you should NOT answer this question. Choose your second question from Part B.
With reference to both case law and legislation, critically evaluate how the development of Native Title has modified the concept of property in Australia.
__________________________________________________________________________ PART B: Answer ONE question from this part

Question Three:
Brett MR in Wandsworth Board of Works v United Telephone Company (1884) 13 QBD 904 at 915 referred to the following maxim as a ‘fanciful phrase’:
“the person who owns the land owns it from the heavens above to the centre of the earth below”.
Discuss the extent to which the maxim is an accurate reflection of the law in Australia.

Question Four:
With reference to the decision in Walsh v Lonsdale (1882) 21 CH D 9 discuss the differences between legal and equitable interests in land. You should include specific examples in your answer.

Question Five:
Equity is said to favour tenancy in common. Assess whether the three situations in which equity would presume a tenancy in common are exhaustive, and comment on whether the equitable presumption in favour of a tenancy in common has been altered by the decision of the High Court in Trustees of the Property of Cummins v Cummins (2006) 227 CLR 278.

Sample Answer

Compelling correspondence is essential to the achievement all things considered but since of the changing idea of the present working environments, successful correspondence turns out to be more troublesome, and because of the numerous impediments that will permit beneficiaries to acknowledge the plan of the sender It is restricted. Misguided judgments.In spite of the fact that correspondence inside the association is rarely completely open, numerous straightforward arrangements can be executed to advance the effect of these hindrances.

Concerning specific contextual analysis, two significant correspondence standards, correspondence channel determination and commotion are self-evident. This course presents the standards of correspondence, the act of general correspondence, and different speculations to all the more likely comprehend the correspondence exchanges experienced in regular daily existence. The standards and practices that you learn in this course give the premise to additionally learning and correspondence.

This course starts with an outline of the correspondence cycle, the method of reasoning and hypothesis. In resulting modules of the course, we will look at explicit use of relational connections in close to home and expert life. These incorporate relational correspondence, bunch correspondence and dynamic, authoritative correspondence in the work environment or relational correspondence. Rule of Business Communication In request to make correspondence viable, it is important to follow a few rules and standards. Seven of them are fundamental and applicable, and these are clear, finished, brief, obliging, right, thought to be, concrete. These standards are frequently called 7C for business correspondence. The subtleties of these correspondence standards are examined underneath: Politeness Principle: When conveying, we should build up a cordial relationship with every individual who sends data to us.

To be inviting and polite is indistinguishable, and politeness requires an insightful and amicable activity against others. Axioms are notable that gracious “pay of graciousness is the main thing to win everything”. Correspondence staff ought to consistently remember this. The accompanying standards may assist with improving courtesy:Preliminary considering correspondence with family All glad families have the mystery of progress. This achievement originates from a strong establishment of closeness and closeness. Indeed, through private correspondence these cozy family connections become all the more intently. Correspondence is the foundation of different affiliations, building solid partners of obedient devotion, improving family way of life, and assisting with accomplishing satisfaction (Gosche, p. 1). In any case, so as to keep up an amicable relationship, a few families experienced tumultuous encounters. Correspondence in the family is an intricate and alluring marvel. Correspondence between families isn’t restricted to single messages between families or verbal correspondence.

It is a unique cycle that oversees force, closeness and limits, cohesiveness and flexibility of route frameworks, and makes pictures, topics, stories, ceremonies, rules, jobs, making implications, making a feeling of family life An intelligent cycle that makes a model. This model has passed ages. Notwithstanding the view as a family and family automatic framework, one of the greatest exploration establishments in between family correspondence centers around a family correspondence model. Family correspondence model (FCP) hypothesis clarifies why families impart in their own specific manner dependent on one another ‘s psychological direction. Early FCP research established in media research is keen on how families handle broad communications data. Family correspondence was perceived as an exceptional scholastic exploration field by the National Communications Association in 1989. Family correspondence researchers were at first impacted by family research, social brain science, and relational hypothesis, before long built up the hypothesis and began research in a family framework zeroed in on a significant job. Until 2001, the primary issue of the Family Communication Research Journal, Family Communication Magazine, was given. Family correspondence is more than the field of correspondence analysts in the family. Examination on family correspondence is normally done by individuals in brain science, humanism, and family research, to give some examples models. However, as the popular family correspondence researcher Leslie Baxter stated, it is the focal point of this intelligent semantic creation measure making the grant of family correspondence special. In the field of in-home correspondence, correspondence is normally not founded on autonomous messages from one sender to one beneficiary, yet dependent on the dynamic interdependency of data shared among families It is conceptualized. The focal point of this methodology is on the shared trait of semantic development inside family frameworks. As such, producing doesn’t happen in vacuum, however it happens in a wide scope of ages and social exchange.

Standards are rules end up being followed when performing work to agree to a given objective. Hierarchical achievement relies significantly upon compelling correspondence. So as to successfully impart, it is important to follow a few standards and rules. Coming up next are rules to guarantee powerful correspondence: clearness: lucidity of data is a significant guideline of correspondence. For beneficiaries to know the message plainly, the messages ought to be sorted out in a basic language. To guarantee that beneficiaries can without much of a stretch comprehend the importance of the message, the sender needs to impart unmistakably and unhesitatingly so the beneficiary can plainly and unquestionably comprehend the data.>

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