Conveyancing Amendment Act 2012 (TAS)

In the case before the court, the plaintiff sought a declaration regarding the validity of certain amendments to the Conveyancing Act 2004 (TAS) introduced by the Conveyancing Amendment Act 2012 (TAS). The plaintiff argued that the amendments introduced by the Conveyancing Amendment Act 2012 (TAS) were invalid because they were not passed in accordance with the Constitution of Tasmania. Specifically, the plaintiff contended that the amendments were not passed by both houses of Parliament in the same session, as required by section 54 of the Tasmanian Constitution.

The court was required to determine whether the Conveyancing Amendment Act 2012 (TAS) was validly passed by Parliament and whether the amendments introduced by that Act were in accordance with the Constitution of Tasmania. The court had to consider the procedures followed by Parliament in passing the Conveyancing Amendment Act 2012 (TAS) and whether those procedures were consistent with the requirements of section 54 of the Tasmanian Constitution.

The court found that the Conveyancing Amendment Act 2012 (TAS) was validly passed by Parliament and that the amendments introduced by that Act were in accordance with the Constitution of Tasmania. The court held that the procedures followed by Parliament in passing the Conveyancing Amendment Act 2012 (TAS) were consistent with the requirements of section 54 of the Tasmanian Constitution. The court also found that the amendments introduced by the Conveyancing Amendment Act 2012 (TAS) were valid and did not contravene any provisions of the Tasmanian Constitution.

The court dismissed the plaintiff's claim for a declaration of invalidity and held that the Conveyancing Amendment Act 2012 (TAS) was valid and in force. The court made no orders regarding costs.