Task 1: Research
Explain the differences between a patent and copyright. You may wish to refer to IP Australia for reference material
Task 2: Case Study
Murray Osborne designs handbags and attaches his distinctive mark to all of them.
He has registered this as a trademark in NSW. He notices that wallets are being sold at the market with the same mark, but they are not his designs. He can see that they are clearly of an inferior quality and is concerned that this will reflect poorly upon his handbags.
a)What rights does Murray have with respect to the infringement of his trademark?
b)Referring to the Trademarks Act 1995 Section 12, what remedies are available to him and how should he proceed?
Task 3: Case Study
Daniel, a property developer, is selling a house to Peter, who is 25 years old and intellectually impaired. Houses of an equivalent size and quality in the area generally go for about half the price that Daniel has negotiated with Peter.
Peter has paid the deposit and waived the cooling off period under the contract. Peter’s cousin, Jeremy, learns of the deal and is very concerned. Jeremy is Peter’s legal guardian. What can he do legally to help Peter?
Conveyancing Act 1919 - Division 8 Sales of Residential Property
Contracts Review Act 1980 – Part 2 Relief in Respect to Unjust Contracts
Task 4: Case Study
A couple who own their own residential property as joint tenants run into marital trouble and separate. The husband immediately changes his will so that, rather than everything passing to his estranged wife on his death, it now goes to his brother and sister in equal shares. He is killed in a traffic accident before any settlement is reached on the house. Referring to the AAMC Training Learning Guide and/or Conveyancing Act 1919 – Division 4 Property Generally. Ignore any family law issues.
(a)Explain who is entitled to the husband’s share of the house and why.
(b)Explain who would be entitled to his share if the couple had owned the house as tenants in common and why.
Task 5: Case Study
Harry and Sally make an offer to buy a house in NSW. The agent tells them they should exchange immediately because George, who is parking his car outside, is also interested. Harry tells Sally that they should go ahead, even if they don’t have their finance approved, because they can easily withdraw from the contract. They immediately exchange contracts. George is angry about this and tells the agent he was prepared to offer $20,000 more than Harry and Sally. The vendor hears about George’s counter offer and instructs the agent to cancel the contract with Harry and Sally.
You should reference applicable sections/points of the Conveyancing Act 1919, to outline the respective legal rights of all parties.
Task 6: Case Study
Donna has leased a home unit to live in for the past two years. The lease expired two weeks ago and the real estate agent has just advised her that the rent will go up by 5% at the end of this month.
Explain the rights of the tenant under the residential tenancy agreement and when it is appropriate for a landlord to increase the rent.
In your answer, you should reference applicable sections/points of the Residential Tenancy Agreement and Residential Tenancy Act 2010 (NSW).
Task 7: Case Study
Donna is not happy about her rental increase and decides to leave the property. She packs up her belongings and goes. In doing this, she takes with her a pot-bellied stove that she had installed, which leaves behind charred tiles and a hole in the wall. She also takes an air conditioner that the landlord had installed. The property is left dirty and the carpet is ruined. She also leaves behind a number of items that she doesn’t want anymore, including a broken lounge, fridge, and an old mattress.
a)Explain what the tenant agreed to when she initially signed the residential tenancy agreement and whether she has breached that agreement.
Explain the appropriate action the landlord can take for each of the issues raised and his rights under the Residential Tenancy Act 2010 (NSW).
