The following practice questions are not in a multiple-choice format but give you a ‘flavour’ of the types of questions you might be asked in the Skills Task. First, read the ‘sample’ legislation and case on the following pages (note: this is not ‘current’ legislation – it is used merely for sample purposes here). If you wish, you may discuss the practice documents and questions with the PBL consultant. NOTE: the documents for these practice questions are NOT the ones that you will be using for your Skills-Task. Please be familiar with the actual documents that will be tested: these are available on the LMS. Question 1. Refer to the provisions from the Sale of Land Act 1962 (Vic) (See below). If Andrew buys a piece of land in Western Australia, would the Sale of Land Act 1962 (Vic) be relevant?
Question 2. Refer to the provisions from the Sale of Land Act 1962 (Vic). Suppose that, on Monday 4th March 2002 Barbara signs a contract to buy an apartment by private sale in Parkville (close to Melbourne University) for $125,000. On Wednesday 6th March she regrets her decision and wants to terminate the contract. On the basis of the information contained in the Act, can she do what she wants?
Question 3. Refer to the provisions from the Sale of Land Act 1962 (Vic). Suppose that, on Monday 4th March 2002 Cassandra attends a publicly advertised auction and bids $100,000 for an apartment in Parkville. The auctioneer accepts her bid and Cassandra signs the contract of sale. That same afternoon Cassandra regrets what she has done and wants to terminate the contract. On the basis of the information contained in the Act, can she?
Question 4. Read the report of Lebdeh v Smith. (See below). Then answer the following questions on the basis that the Sale of Land Act 1962 (Vic) and the report of Lebdeh v Smith are the only relevant legislation and case-law. (a) In which court was this case heard and decided? (b) To which court could an appeal from this decision have been taken? (c) On what date did a binding contract of sale come into existence, according to the facts found by Beach J? (d) On what date did the purchaser sign the document which (later) became the contract of sale? (e) Which words in the statute needed to be interpreted by the judge to reach a decision? (f) Find the sentence from the judgment of Beach J that sets out what argument was raised by the sellers (vendors). (g) Find the sentence from the judgment of Beach J that sets out what argument was raised by the buyers (purchasers). (h) Find the sentence from the judgment of Beach J that explains the legal point that he decided.
(i) Find the sentence from the judgment of Beach J that shows the seller (Smith) won the case. (j) What significance would a judge in NSW who had to decide a case with the same facts as Lebdeh v Smith give to Beach J’s decision? Question5. Suppose that, in 2005, all necessary procedures were followed by the Victorian parliament to enact legislation called the Student Allowances Act 2005 (Vic). This Act provides that, in Victoria, no government allowances are to be paid to part-time students. Would the Victorian parliament have the power to validly enact this law? Question 6. Suppose that in 2006 all necessary procedures were followed by the Federal parliament to enact legislation called the Students’ Payments Act 2006 (Cth). This Act provides that certain government monetary allowances are payable to part-time university students. Would the Commonwealth parliament have the power to validly enact a law on this matter? Question 7. If it is assumed that both Acts are legally valid, would a Victorian court apply the Commonwealth provisions or the Victorian provisions to decide a case in which a parttime Victorian university student claimed a government allowance?
Practice questions – Document 1
SALE OF LAND ACT 1962
Reprint (No. 6) incorporating amendments up to Act No....