Conveyancing Regulations 2005 (TAS)

In the matter of the Conveyancing Regulations 2005, the issue before the court was whether the defendant conveyancer complied with the requirements set forth in the regulations. The plaintiff alleged that the defendant failed to maintain professional indemnity insurance as required by section 13(1) of the Act and did not provide evidence of such insurance as mandated by section 8 of the regulations. The court had to determine whether the defendant contravened the regulations and if such contravention constituted an offence and grounds for disciplinary action.

The court considered the evidence presented regarding the defendant's professional indemnity insurance. It was established that the defendant did not provide the required evidence of insurance to the Director, as mandated by section 8. The court found that the defendant's failure to comply with this requirement constituted a contravention of the regulations. Furthermore, the court concluded that such a contravention not only constituted an offence but also provided grounds for disciplinary action against the defendant. The court held that the defendant's actions were in breach of the rules of conduct prescribed by the regulations.

As a result, the court ordered that the defendant be found in contravention of the Conveyancing Regulations 2005. The court also imposed a fine on the defendant for failing to provide evidence of professional indemnity insurance. Additionally, the court noted that the defendant's contravention could lead to further disciplinary actions as per the provisions of the Act.