Conveyancing Order 2012 (TAS)

Case

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AGLC Case Decision Date
Conveyancing Order 2012 (TAS)

CaseChat Overview and Summary

The Conveyancing Order 2012 is an order made by the Minister for Corrections and Consumer Protection of Tasmania under section 3(2) of the Conveyancing Act 2004. The order was made on 20 December 2012 and was notified in the Gazette on 26 December 2012. The purpose of the order is to extend the application of the Conveyancing Act 2004 to certain instruments prepared for the purposes of the Conveyancing and Law of Property Act 1884, namely contracts for the sale of land and instruments amending such contracts.

The legal issue before the court was whether the Conveyancing Order 2012 was valid and whether it extended the application of the Conveyancing Act 2004 to the specified instruments. The court held that the order was valid and that it did extend the application of the Conveyancing Act 2004 to the specified instruments. The court found that the order was made in accordance with the relevant statutory provisions and that it was not inconsistent with any other relevant legislation. The court also held that the order was necessary to ensure that the Conveyancing Act 2004 applied to the specified instruments in order to provide greater protection to consumers in the conveyancing process.

The court's reasoning was based on a careful analysis of the relevant statutory provisions and the circumstances in which the order was made. The court found that the order was made in accordance with the relevant statutory provisions and that it was not inconsistent with any other relevant legislation. The court also found that the order was necessary to ensure that the Conveyancing Act 2004 applied to the specified instruments in order to provide greater protection to consumers in the conveyancing process.

The final order made by the court was that the Conveyancing Order 2012 was valid and that it extended the application of the Conveyancing Act 2004 to the specified instruments. The court also ordered that the order take effect on the day on which its making was notified in the Gazette.
Details

Areas of Law

  • Property Law

Legal Concepts

  • Adverse Possession

  • Mortgages & Security Interests

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