Post Grad Property Law-Comparative Analysis/Memorandum

Assignment (2050 words excluding footnotes)

You work for the Victorian Attorney General as a policy adviser. She has received the minutes from a recent meeting of the state land title Registrars where the Registrars discussed their powers to correct the register in cases where a mistake has been made in relation to the recording of an interest.

The Queensland legislation was discussed at the meeting. The Attorney General is interested to understand the differences in legislation between Victoria and Queensland, and, particularly, to consider whether the Victorian legislation should be amended. The Attorney General is especially interested in s15 of the Land Title Act 1994 (Qld).

She asks you to prepare a memorandum of advice to compare the effect of s15 of the Queensland legislation with the powers of the Registrar under the Victorian legislation. She specifically asks for your advice as to whether the Registrar s powers in the Transfer of Land Act 1958 (Vic) to act in cases of a mistake in the register should be amended.

Your memorandum should briefly outline the current Victorian law and the powers of the Registrar in both Queensland and Victoria. You must make a recommendation to the Attorney General specifically about the powers of the Registrar in cases of mistake. Give reasons for your view.

Note that you are not asked to recommend a particular amendment or to propose options for amending the law in Victoria. This is a preliminary scoping memorandum, to enable the Attorney General to assess whether the current law might require amendment. You are also not required to consider any electronic conveyancing provisions.
Advise the Attorney General.

Instructions for Written Assignment
A note on the writing genre A memorandum of advice should follow the conventions of essay writing. It should have an introduction, body and conclusion. For the purpose of the exercise, you should cite authority in the same way as for an essay.

Although the Attorney General is a law officer, do not assume that she is an expert in property law. You should avoid using technical property law terms or, if you need to use them, explain their meaning. Your language should be clear and direct, and you should use at least one actual or hypothetical example to make your discussion more concrete.

Australia Guide to Legal Citation:

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