AGLC4 Referencing.
Please do not use the following case laws: (provide other case laws to support arguments)
Frazer v Walker (1967) 123 CLR 528
Bahr v Nicolay (No 2) (1988) 164 CLR 604
Case study will present you with a case study where you are required to establish a legal position for your client.
In this assignment, you are expected to analyse a case study and provide advice to your client regarding their legal position in a particular situation. You should aim to provide answers that show your understanding of relevant legal principles supported by the appropriate legal authority (legislation and case law).
This assignment supports unit learning outcomes 1, 2, 3 and 4.
Case study
The following is an outline of the case study you are to analyse for this assignment:
Annie operates a farmland property in Bon Beach, Victoria. In 2020, she and her partner Susana purchased farmland in Laverton as joint tenants. It was mortgaged with ANS Bank and both interests in the estate are registered. Recently, Annie developed a gambling habit and is often absent from operating the farmland. She is running out of money and is concerned that Susana may learn about her situation. They have had arguments about Annie’s absence and Susana has moved off of the farmland. To pay some of the debt, Annie decided to lease the farmland to Paul for three years. A rental agreement was signed but the lease agreement was not registered.
Annie then went to ANS Bank to borrow another $100,000. She met the manager, Tom, at ANS who happens to be a long-time friend of the couple. Annie mentioned that Susana was sick and as Susana is ‘financially illiterate’ and had rarely accompanied Annie in the past to bank, Tom trusted Annie and gave Annie a variation of mortgage form telling her to ‘get Susana to sign it’. Annie returned to the bank the next day to submit the documents with the forged signature of Susana, and Tom witnessed the document. When the loan document was about to be processed, a junior clerk raised doubts over the authenticity of Susana’s signature to Tom but he dismissed the concern as he had acted as a witness to the document.
Five months later, Annie defaulted on some payments. Susana had returned and only then discovered what had been happening. Now, Annie wants to evict Paul. ANS Bank wants to exercise its power of sale over the mortgaged property and also evict Paul.
Advise Susana of her legal position (16 marks).
Advise Paul of his legal position (4 marks).
For this assignment, you will write an essay of 1500 words, including footnotes but excluding the reference list.
Structure and format
The assignment must be typewritten and comply with the following:
Double-spaced in Times New Roman, font size 12.
You may use default left and right margins on Microsoft Word.
To avoid plagiarism, you are required to provide a reference in accordance with AGLC4 guidelines whenever you include information from other sources in your work.
Total word count is 1500 words.
The cost disclosure statement and agreement and s 32 of the contact of sale is not counted in the word limit.
No bibliography is required.
Assignment 1- Criteria
1.Legal accuracy and the identification of substantive law
relevant to the identified issues (30%).
2.Depth of legal analysis, application and conclusion (60%).
3.Presentation and organisation of work in a logical manner and referencing (10%).
