Reference no: EM132311036
Questions -
Q1: Derek has purchased a property in Australia and need advice. Mr. Davidsion has asked you to prepare a letter to Derek, to be approved by Mr. Davidsion, in response to the following questions asked by Derek:
a) What laws govern property ownership in Australia? Do I get any paperwork to prove I'm the owner?
b) I may want to purchase a second property with my business partner in the future. How should our names be registered?
c) I've heard about easements and covenants. What do these things mean? Am I bound by existing easements and covenants if I purchase a property?
d) I can't afford to buy the property outright. This means I will need to take out a mortgage. What powers dose the bank have if I can't pay the mortgage and what rights do I have?
e) If I use this property as an investment and rent it out to a couple, do I have to comply with any laws? What rights do I have as a landlord? Do the tenants have any rights or obligations?
You should also draft a cover memo to Mr. Davidson. Support all your answer with legislations and case study.
Q2: Six months ago, Derek finished a fiction novel. He gave it to his work mate Isobel to proof read. Isobel thought it was so good that she's uploaded the entire novel on her own website without Derek's permission. She has not credited that the novel was written by Derek. Has Isobel infringed any IP laws?
Derek has created his own business for his creative output. The business is called Delirious Designs by D with quite a distinct logo. Advise Derek whether he can obtain a trademark to protect his business name.
Support all of you answers with legislation and case law.
Q3: Derek now is looking to sell his 3 bedroom house. He has some sentimental and valuable items that he wishes to take with him.
1. Explain the difference between fixtures and fittings to Derek and outline how he can protect himself from any possible claims which could delay the property settlement.
2. Identify each of the following items as a fixture or fitting and discuss what their status would be:
- Security system
- Large TV bracketed to a wall
- Spa bath
- Fruit frees & pot plants
Note - Please make a note about where the information you take from and it answer for which question. As detail as possible. Thank you.