Power Of Attorney Act 2003 - David Williams - Conveyancers Licensing Act 2003 - Law Assessment Answer

Power  Of Attorney Act 2003 -  David Williams - Conveyancers Licensing Act 2003 

Task Assessment 

QUESTION 1
The introduction of the Powers of Attorney Act 2003 has been a total failure. The introduction of a prescribed form which requires many deletions makes it a
complicated document. It does not allow for the making of health and lifestyle decisions and the appointment of Licensed Conveyancers as prescribed witnesses to an enduring Power of Attorney has done nothing to help the public. Discuss this statement.

QUESTION 2
It is nearly the end of June 2011 and Charles a licensed conveyancer and owner of the firm Rasberry Conveyancing is having a bad week Clients have refused to pay
his bills recently. You can assume that the current Regulations were the Regulations in force at the time of the possible breach.
1. Five days ago at the end of a sale matter for Jenny Winter, Charles rendered his bill. Jenny was unhappy with his work as she was unaware she had to move out of the house on the settlement date and was not advised of this until she was asked to go urgently to Charles’s office to sign the transfer. Settlement was then delayed while she made arrangements to move. Charles is not too worried about this as now he has sent the bill he will take the $2,500 fees Jenny owes from trust and transfer to his office account today as she gave him money on account of fees and disbursements when he disclosed his costs which he told her would be kept in trust until he rendered a final bill.
2. David Williams was supposed to pay on completion of his purchase matter but David has received advice from a lawyer who has told him he need not pay Charles’s account as his fees were never disclosed. Charles thinks this is a minor oversight and has decided to take David to court to collect his fees after all the work he put in and the expenses he incurred for searches and other disbursements. Charles commenced another purchase matter for David but has now been telephoned by David’s new solicitor and asked to send the file over urgently as the solicitor must comply with the time limits in the contract. He has refused to comply with this request until he receives payment for his fees.
3. Dana the book-keeper for the firm suddenly left three weeks ago as she had a disagreement with Charles over his trust account dealings. She alleged that he had been depositing money directly into the office when given money on account for disbursements. Charles reckons that is ok as he will be paying for the disbursements anyway from his office account. He hasn’t been able to find anyone to replace Dana and he has no idea how to manage the trust account as he copied his accounting assignment from a fellow student when he was undertaking his conveyancing studies. Charles has decided to leave everything to do with the trust account until he finds a replacement for Dana in a few weeks.
4. Yesterday Charles received a call from the Bank where he has his trust account to inform him that his trust account is overdrawn as one of his client’s cheques has bounced. Charles then remembers that he paid stamp duty for a client from the trust because it was overdue knowing that the client’s cheque had not cleared. This is just another annoying situation that has occurred in this horrendous week but Charles is sure he has done nothing wrong.

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