LAW ASSESSMENT 2 PART A: Question 1: 1. Kenny and Duke must register this business name. According to the Business Names Act, 2002, the legislation states that it is compulsory to register a business name where a person, including a company, wishes to use a name other than their own.
2. To register a business name, the owner or owners must submit an application form and pay the prescribed fees to the appropriate government agency. In New South Wales, it is called the Office of Fair Trading.
3. There are certain requirements to the display and use of a business name. The business name must be displayed at each place where the business is carried on under the business name. The owner of the business name must notify the Following the re-organisation of the NSW public service, the Land & Property Infromation is now part of the Department of Lands. Once a person is registered, no one else can upset or challenge that ownership. This is called indefeasibility of title. One exception is if the title was acquired by fraud. The Torrens title is a government guaranteed form of title.
The essential benefits or features of the Torrens title system is that a single document, the certificate of title, conclusively proves the title. There is no need for a prospective purchaser to search back through a series of documents in order to establish a good root of title.
Under the indefeasibility of title, various provisions of the Real Property Act 1900 (NSW), once a person has registered their interest in a parcel of land, they have government-guaranteed, indefeasible title to the land. That person’s title, however, will be subject to any encumbrances such as mortgages registered on the certificate of the title. The title is said to be indefeasible because it can only be set aside where there has been fraud on the part of the person acquiring the title.
2. A mortgage is a loan contract whereby the borrower gives their property as security to the lender. During the term of the loan, the borrower retains possession of the land. In a mortgage, the borrower is called the mortgagor and the lender is called the mortgagee. A mortgage
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