LWS012 URBAN DEVELOPMENT LAW

Online Examination Paper
SEMESTER: SECOND SEMESTER EXAMINATIONS 2020
UNIT: LWS012 URBAN DEVELOPMENT LAW – ONLINE EXAM
DURATION OF EXAMINATION: 24 HOURS
INSTRUCTIONS TO STUDENTS:
ALL THREE (3) QUESTIONS ARE TO BE ATTEMPTED
ALL PARTS OF ALL QUESTIONS MUST BE ATTEMPTED
WORD LIMIT AND MARKS:
NB: THE WORD LIMITS STATED BELOW ARE THE MAXIMUM WORD COUNTS FOR EACH QUESTION
OR PART OF A QUESTION.
WORDS FROM ONE PART CANNOT BE MOVED TO ANOTHER PART
WORDS FROM ONE QUESTION CANNOT BE MOVED TO ANOTHER QUESTION
QUESTION ONE (1) 750 WORDS – TOTAL 15 MARKS
PART (A) 250 WORDS – (5 MARKS)
PART (B) 250 WORDS – (5 MARKS)
PART (C) 250 WORDS – (5 MARKS)
QUESTION TWO (2) 500 WORDS – TOTAL 10 MARKS
QUESTION THREE (3) 750 WORDS – TOTAL 15 MARKS
PART (A) 300 WORDS – (6 MARKS)
PART (B) 450 WORDS – (9 MARKS)
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QUESTION 1
You MUST answer ALL parts (a), (b), AND (c). (750 words maximum)
For each sub-question ensure you refer to relevant legislation and/or case law in your answers.
In your answers you are required to assume that all planning requirements, and any
development requirements or other local government requirements have been or will be
satisfied. That is do not address those matters in your answers.
(a) Sally owns a very old, very small house in Albion that is located on a very large block
of land. The previous owner Caitlin, who died last year, was a very, very famous artist
who is well known for her unique statues. The block of land has a very large garden in
which there are 15 big (and heavy) statues of local politicians. Caitlin and her son Harry
operated the garden as a public art gallery, and the statues were made by Caitlin
specifically to display in the garden. Sally wants to renovate the house and subdivide the
land, but first needs to move the statues.
Advise Sally if she can move the statues; and if yes, what is the process she must follow.
(250 words maximum) (5 marks)
(b) To buy the land referred to in Part 1(a), Sally had to borrow money from Charlie. In return
for that loan, a mortgage in favour of Charlie was registered over the land. Sally now
wants to borrow more money to renovate the existing house, and to subdivide the land.
Due to other commitments Charlie is not able to lend Sally any more money, however,
David is able to lend Sally the money she needs to complete the renovations and the
subdivision works.
Advise David what he should do to protect his investment.
(250 words maximum) (5 marks)
(c) Assume that if the block of land (as referred to in Part 1(a) and in Part 1(b)) is subdivided
into two blocks, that one block will not have a street frontage. Explain how Sally can ensure
that both blocks will have street access. Advise Sally.
(250 words maximum) (5 marks)
[TOTAL 15 MARKS]
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QUESTION 2
(500 words maximum)
Ensure you refer to relevant legal tests, legislation and/or case law in your answer.
Jamie and Peter, who have operated a construction partnership for the last 15 years in New
York, relocated to Brisbane in January 2020. Jamie and Peter have decided that they want to
buy a construction business in Queensland. As they are not familiar with the Brisbane market,
in order to find a suitable firm to buy they engage Xavier Jones Consulting (‘XJC’) to assist
them.
XJC provides specialist consultancy advice to construction firms. Its two partners are Xavier
Jones and Marilyn Runmoe. As part of the services that XJC offers to all clients Marilyn, who is
a highly qualified accountant, reviews the detailed financial accounts of prospective companies,
their social media presence, and their compliance history with the building regulator. Clients also
can provide other instructions of matters they want to be investigated. Once all investigations
are complete, a detailed report is prepared for the client of the firms they could try to buy.
Xavier and Marilyn usually meet with clients together. However, due to traffic delays caused
by an accident, Marilyn was not able to make the second meeting with Jamie and Peter. In that
meeting Peter, whose previous business experienced problems due to his former partner’s
gambling habit, expressed concern about how many small businesses operate. In response,
Xavier promised detailed searches also would be undertaken of each director or operator of the
firms being investigated. Jamie and Peter were happy with this promise and so signed the
appointment letter.
All investigations were completed, and the report was prepared and presented to Peter andJamie.
Based on that report, they decide to buy City Holdings (‘CH’) from Bobcat Pty Ltd. CH is a small,
but apparently very profitable, business specialising in renovations. Six months later they
discover that: Bob (the sole director and sole shareholder of Bobcat Pty Ltd) is bankrupt; Bob had
presented false accounts of CH for inspection; and CH was used to guarantee money to Bobcat
Pty Ltd’s creditors. They also discover Xavier had not told Marilyn about the need to undertake
the additional searches of the business operators, so these were not ordered.
Question 2 continued overleaf
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Question 2 continued
If the searches had been done, then CH’s, Bobcat Pty Ltd’s, and Bob’s true financial positions
would have been known. Peter and Jamie are furious as CH is worth nothing; and they are unable
to recover any money from Bobcat Pty Ltd, because it is now in liquidation, or Bob due to his
bankruptcy. Peter and Jamie come to you wanting to know what rights (if any) they have in
contract law against XJC.
Advise Jamie and Peter.
(500 words maximum) (10 marks)
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QUESTION 3
You MUST answer BOTH parts (a) AND (b). (750 words maximum)
For each sub-question ensure you refer to relevant legislation and/or case law in your answers.

builders. They want to advertise their business. Fred suggests they place advertisements
in the local paper, and proposes the following wording for two advertisements:
Proposed Ad #1: Let Penny and Fred benefit your business.
As those who know them can attest, Penny and Fred are the best.
Act now and call xxxx
Proposed Ad #2: Do you need expert assistance?
Benefit from Fred and Penny’s years of experience.
Act now and call on xxxx
Penny wants to ensure they comply with the Australian Consumer Law. Advise Penny.
(300 words maximum) (6 marks)
(b) Arthur and George operate the landscaping business Green as Grass (‘GAG’). Mary is
their longest standing employee; and is trusted to drive one of the business’ vans. As
GAG does not have secure parking, she also takes the van home at night and on the
weekends. On Saturday George called Mary at 7am and asked her to collect pots needed
for a job the following week, and to deliver them to the client’s home for storage, as the
supplier isnot open on Mondays. Mary says, “I need to drive my daughter Joan to soccer
first.” George replies “Okay.” Mary collects the pots, drives Joan to soccer practice, and
is driving to the client’s home. She is unaware Joan had opened the van’s back door to
look at the pots and had not closed it properly. As Mary drives around a corner the door
swings open. A pot falls out and falls on and destroys Tom’s parked motor bike.
Fortunately, no one is injured.
Advised Tom of any rights he may have in negligence, and against which party/ies.
(450 words maximum) (9 marks)
[TOTAL 15 MARKS]
END OF PAPER