Task:

You are a graduate solicitor on rotation with the Commercial Property Department of Birdwood &

Spangle. On Tuesday 7 April, the Firm was engaged by Momoko Yen to represent them in their

purchase of 1 Sussex Road, Caulfield West, Toorak. Susie Harrison, your supervising Partner, has

asked you to prepare File Note her, based on your review of the Client File, which contains:

Draft a memorandum of advice based on a set of facts provided in a file note, that determines how a property interest arises, are enforced, or may end, and to evaluate the means by which the State creates, validates, and records proprietary interests.

Question 1:

In January 2023, the Victorian Government declared Friday 31 March 2023 to be 'Victoria Day', public

holiday for all Victorians.

Review the Contract of Sale and File Note:

Does your client have a right to cool off under Sale of Land Act (1962) s 31 on the date they

met with Susie Harrison (Tuesday 4 April)? If so, how would they exercise this right and by

when?

Question 2:

From her initial review, Sue Harrison has told you that the Vendor's Statement does not comply with

the Sale of Land Act 1962 (Vic)

Given the facts provided in the File Note, explain why this is the case, referring to the

appropriate sections of the legislation. Does the Purchaser have the right to rescind under s

32K?

Question 3:

(a) Review the Contract of Sale and File Note. Does the sound system (or any of its

components) form part of the land that your Client has purchased?

(b) Assuming the treatment of sound system needs to be clarified in the Contract of Sale, draft a

special condition or other amendment to the Contract of Sale for negotiation with the

Vendor, based on your decision about whether it was a fixture of chattel. You should also

identify where this condition or amendment would need to be inserted into the Contract. The

words in your special condition / amendment, count towards your wordcount.

Question 4:

(a) Upon review the Contract of Sale, you notice that the 'land' purchased by your Client has

been described in a strange way in the Particulars of Sale. Does the Contract of Sale

satisfy the writing requirements so that the Purchaser can enforce it against the

Vendor?

In your answer, you should apply the statutory provisions and common law principles relating

both to the creation and enforcement of proprietary interests.

(b) From the information in the attachments to the Vendor's Statement, complete the

information that should have been inserted into the 'Land' section of the Particulars in the

Contract of Sale.

Word limit:1,500words,includingheadings,excludingfootnotes in ALGC4 format.

Referencing and footnotes: You are expected to provide references for all materials relied on/quoted in your response, according toAustralian Guide to Legal Citation, 4th edition.Abibliographyis required

SUPPLEMENTARY DOCUMENTS

Birdwood & Spangle

File note:

Date: Tuesday 7 April 2023

Matter: YEN 2023/0753: Yen purchase 1 Sussex Road Caulfield West

Susie Harrison conference with M Yen

60 mins (6 units)

Momoko Yen is a chef, who has recently risen to fame after winning the inaugural season of the new TV series "Sushi Train Master". She wants to purchase 1 Sussex Road Caulfield West, which is for sale by private sale 'expressions of interest'. While the housing market is currently subdued, Momoko sees the value is such a luxurious property, and offers the Vendor $5,500,000, which they accept.

The conveyance will be completed electronically by PEXA. Settlement is set to occur on 1 June 2023.

(Sue Harrison note: establish PEXA workspace, order title searches and check Client's financing / banking requirements)

During the open for inspection, the Vendor's estate agent referred to the property exclusively as 'The Lodge'. The Lodge comprised 4 bedrooms, 4.5 bathrooms, 3 car garage, with outdoor spa, sauna. In the expansive basement was the underground carpark, and dance floor with state-of-the-art sound system. (apparently the Vendor was a popular DJ). As a chef, while Momoko is mainly interested in the kitchen, she was also impressed by the sound system and basement space. Momoko plays guitar for alternative/indie band "Hot Property" and thinks the basement would make a much better location for the band's practice sessions than the lead singer's tiny garage. The sound system is housed in a custom built-in cupboard and display units in the basement. A Pro-Ject Signature 12 Turntable and Yamaha TF5 48-channel mixer rest on a shelf above a bank of 3 Marshall amplifiers. The sound levels, and connections to Sonos surround sound speakers in the basement and upstairs in the main living spaces are controlled from a panel in the wall. The turntable and mixer plug into regular power points, but are connected to the amplifiers and control panel via special cables.

(Sue Harrison note: Client interested in sound set up. Negotiate with Vendor?)

The Lodge is a contemporary home designed by an award-winning architect. Mostly constructed from concrete, steel, and glass (triple glazed of course), the outside of the entire building is clad with panels etched with circles as a key architectural feature. Momoko recalled seeing news articles about some building cladding being flammable. When she asked the real estate agent, she was told that Building Victoria had recently issued notices to affected Owners Corporations, but he would have to check whether the Owners Corporation for The Lodge had received a notice.

(Sue Harrison note: follow up call to Building Victoria - notice was issued to Owners

Corporation of SP27222B on 18 March 2023. Cost to removed cladding from 1 & 2 Sussex Road estimated to be $2,000)

..... END File Note