Assignment overview
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).
Assignment details
Case study
The following is an outline of the case study you are to analyse for this assignment:
Pedre and Kerry are registered proprietors of a suburban house. They have never actually been in an intimate relationship, but agreed to marry each other to secure a contribution to the purchase price from Kerry’s mother, Edwina, who is also Pedre’s business partner. Edwina had previously criticised Kerry for
conducting a string of relationships in the few years after Kerry’s divorce from her first husband, instead of providing stability for her children and even promised substantial additional financial support to Kerry if she just settled down with an appropriate partner. Kerry then suggested to Pedre that they fake a relationship to extract money from Edwina and get her off Kerry’s back.
Edwina was delighted when Kerry and Pedre told her of their ‘relationship’ and plan to buy a ‘marital home’. She offered to lend them half the purchase price, secured by an unregistered charge over the property.
Pedre and Kerry agree that Pedre will contribute the other half of the price. Kerry will live in the house with her children, whilst Pedre actually lives elsewhere. In return, Kerry agrees orally that she will co-operate with Pedre in using the property as security for additional loans not exceeding 50% of its value. They marry before purchasing the home, finance it as described and register the title in their names. In the first year after registration in their names, Kerry co-operates in signing documents necessary for Pedre to secure two short-term loans secured against the property, which he uses to buy cryptocurrency. Kerry is described as a guarantor in these documents. Pedre quickly repays the loans after successful trading in ‘Trump: ‘Kiss My A…” Meme Coins.
Kerry tells her friend Rita, a freelance journalist, about these arrangements during a drunken conversation. Rita then advises Pedre that she will tell Edwina the truth about his marriage to Kerry unless he pays Rita
$1 million and provides her with storage space for purposes she does not reveal to Pedre (but in fact to store originals of various incriminating documents she is using to blackmail others). Pedre says he doesn’t have access to so much money, and the current value of the house is $1.5 million, and he promised Kerry not to encumber it to the extent of more than 50% of its value. However, Rita arranges with her husband Mick, a senior executive of Very Ethical Bank (VEB) Ltd, to loan Pedre the money on the security of his property, which circumvents the Bank’s normal internal processes and is in breach of its established lending guidelines. Pedre nevertheless approaches Kerry for her co-operation in signing the necessary documents, this time saying to her: “You’ve got us into this mess with Rita and now you need to help me dig us out of it”. Kerry signs the relevant documents as requested, and the Bank’s Mortgage over the property is ultimately registered.
Pedre also agrees to let Rita access the garage at his property to store and retrieve her ‘items’ for the next 6 months, pending finding better storage space. Rita demands that this agreement be registered on the Title to the land ‘for security’. Pedre expresses concern that an application to register the arrangement as a Lease will not succeed in light of what he has read in the Victorian Government’s Guide to Leases Rita says, “Just tell them what they want to hear then”. Pedre again obtains Kerry’s signature on documents needed to register the arrangement as a Lease, telling Kerry: “You’ll just have to put up with that sleaze-bag coming and going to and from the garage”. The ‘Lease’ is registered after the mortgage, on the basis of an application in the format set out in (Victorian Current Acts, n.d.), which falsely states it covers the entire property and is for a term of 5 years. The application also states rent of $5 a month is payable, which Rita agrees to in order to facilitate registration and even pays in case any questions are asked later about compliance with the arrangement.
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 the default left and right margins in 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.
The total word count is 2000 words. No bibliography is required.
Assessment Requirements – Brief Summary
This assignment required students to analyse a complex legal case study involving property law, contract law, and legal ethics. The key requirements included:
- Analysing the Case Study :
Understanding the relationship dynamics between Pedre, Kerry, Edwina, Rita, and Mick, focusing on the legality of their agreements and actions. - Applying Relevant Legal Principles :
Students needed to apply property law, contract law, mortgage registration rules, and lease registration processes, while referring to appropriate legal authority (statutes and case law). - Assessing Legal Position and Advice :
Students were expected to critically evaluate the legal position of each party and provide reasoned advice to the client. - Referencing :
Use of Australian Guide to Legal Citation (AGLC4) for referencing all sourced material. - Word Limit and Formatting :
Structured in double-spaced Times New Roman (size 12), with no bibliography required, and a strict word limit of 2000 words.
Assessment Approach – Academic Mentor’s Step-by-Step Guidance
Step 1: Understanding the Case Study Context
The academic mentor began by guiding the student to carefully read and dissect the complex case study, highlighting key events such as:
- The arrangement between Pedre and Kerry.
- Kerry’s role as guarantor in the short-term loans.
- Rita’s blackmail attempt and involvement with the bank.
- The lease registration process that involved misstatements.
The mentor emphasized breaking the case into manageable sections to fully understand the chronology and legal issues.
Step 2: Identifying Relevant Legal Principles
The student was instructed to research and summarise key legal principles related to:
- Property Law :
Legal requirements for registering mortgages and leases, the validity of unregistered charges, and the concept of equitable interests. - Contract Law :
Principles of oral and written agreements, fraudulent misrepresentation, and the enforceability of oral promises. - Legal Authority :
Students were advised to support every legal claim with appropriate case law or statutory references (AGLC4 citation).
Step 3: Analysing Each Party’s Legal Position
The academic mentor structured the analysis as follows:
- Pedre and Kerry :
Examination of their contractual obligations, the enforceability of their oral agreement, and implications of their misrepresentations to Edwina. - Edwina’s Position :
Assessment of her reliance on the stated relationship and the unregistered charge. - Rita’s Blackmail Attempt :
Discussion of the legality of the extortion attempt and implications on the mortgage and lease validity. - Very Ethical Bank (VEB) :
Evaluation of the consequences of bypassing internal lending guidelines and the potential challenge to the mortgage validity.
Each section was approached with the mentor encouraging the student to critically assess how statutes and case law applied.
Step 4: Applying Critical Thinking and Legal Reasoning
The mentor pushed the student to go beyond surface-level analysis and consider:
- Ethical implications of the parties’ conduct.
- The validity of agreements obtained under pressure or misrepresentation.
- The consequences of registering fraudulent leases and mortgages.
Students were encouraged to write structured paragraphs presenting an issue, stating the relevant law, applying the law to the facts, and concluding with sound advice.
Step 5: Structuring the Assignment
The student was advised to structure the assignment clearly:
- Introduction : Brief overview of the case and purpose of the analysis.
- Main Body :
Logical division into sections for each party’s legal position and analysis of the key legal issues. - Conclusion : Summarised advice to the client.
Throughout, the student was reminded to maintain academic integrity by providing proper AGLC4 references.
Step 6: Reviewing and Refining the Work
The academic mentor guided the student to:
- Ensure the word limit of 2000 words was respected.
- Check formatting (Times New Roman, double-spaced, size 12).
- Proofread for clarity, grammatical correctness, and logical flow.
This review ensured the final submission was professional and adhered to academic standards.
Final Outcome and Learning Objectives Covered
The final outcome was a well-structured legal analysis covering:
- Clear identification of legal issues.
- Application of relevant property and contract law principles.
- Proper referencing of legal authorities in AGLC4 format.
- Critical reflection on ethical considerations and implications of fraudulent behaviour.
- Well-reasoned and justified advice to the client.
Key Learning Objectives Achieved:
- Analyse complex legal case studies with multiple parties and intertwined issues.
- Apply relevant legal principles supported by statutes and case law.
- Demonstrate critical legal reasoning and ethical awareness.
- Structure legal writing clearly and professionally.
- Reference sources correctly using AGLC4 guidelines.
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