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Free Practice Questions for Licensed Conveyancer

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Key Facts: Licensed Conveyancer Exam

100

Practice Questions

OpenExamPrep

15

Core/Elective Units

BSB60220

1-2 yrs

Work Experience

State Regulators

CPD

Annual Requirement

AIC

The Licensed Conveyancer qualification requires completing the BSB60220 Advanced Diploma and supervised work experience. It covers land law, contract law, and trust accounting. This prep includes 100 practice questions.

Sample Licensed Conveyancer Practice Questions

Try these sample questions to review concepts for the Licensed Conveyancer exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Which landmark Privy Council decision established the principle of immediate indefeasibility of title in Torrens land law?
A.Frazer v Walker
B.Loke Yew v Port Swettenham Rubber Co Ltd
C.Breskvar v Wall
D.Gibbs v Messer
Explanation: Frazer v Walker [1967] 1 AC 569 established the doctrine of immediate indefeasibility. This means that a registered proprietor obtains an indefeasible title immediately upon registration, even if the registration was procured by a void instrument, provided the registered proprietor acted without fraud. This overruled the doctrine of deferred indefeasibility previously favored in Gibbs v Messer.
2What is the effect of the 'right of survivorship' in a joint tenancy co-ownership of land in Australia?
A.The interest of a deceased joint tenant passes to their legal personal representative under their will.
B.The interest of a deceased joint tenant automatically vests in the surviving joint tenants, regardless of any will.
C.The tenancy automatically converts to a tenancy in common upon the death of one co-owner.
D.The surviving joint tenants must pay stamp duty on the deceased's share of the property.
Explanation: In a joint tenancy, the right of survivorship (jus accrescendi) means that when one joint tenant dies, their interest automatically passes to the surviving joint tenants. It does not form part of the deceased's estate and cannot be bequeathed by will. If co-owners wish to pass their share under a will, they must hold the property as tenants in common.
3Under state Torrens legislation, what constitutes 'fraud' sufficient to impeach a registered proprietor's title?
A.A genuine mistake in the statutory declaration submitted for registration.
B.Actual personal dishonesty or moral turpitude by the registered proprietor or their agent.
C.Any notice of an unregistered interest prior to registering the transfer.
D.Constructive or equitable fraud arising from a failure to make inquiries.
Explanation: Torrens fraud must be actual fraud, involving personal dishonesty or moral turpitude on the part of the registered proprietor or their agent (Wicks v Bennett). The fraud must be 'brought home' to the person whose registered title is being impeached. Mere constructive fraud or notice of an unregistered interest is not sufficient to constitute fraud under Torrens statutes.
4Which of the following describes an 'easement in gross' under Australian property law?
A.An easement that restricts the height of buildings on the servient land.
B.An easement that benefits a dominant tenement but restricts a servient tenement.
C.An easement created in favor of a public authority that does not require a dominant tenement.
D.An easement that has been abandoned by non-use for more than 20 years.
Explanation: An easement in gross is an easement created without a dominant tenement, meaning it is not attached to a specific piece of land. Historically, common law did not recognise easements in gross, but they are created by statutory provisions in Australia for the benefit of public utility providers (such as water, electricity, or gas authorities) to run services through private land.
5What is the legal effect of lodging a caveat against a Torrens title property?
A.It grants the caveator an immediate power of sale over the subject land.
B.It transfers the legal title of the property to the caveator until a debt is repaid.
C.It automatically cancels any pending transfers of the property.
D.It acts as a statutory injunction that prevents the Registrar from registering subsequent dealings that would affect the caveator's claimed interest.
Explanation: A caveat acts as an injunction to the Registrar-General (or Registrar of Titles) prohibiting the registration of any subsequent dealings (such as transfers or mortgages) that would affect the interest claimed in the caveat. It preserves the status quo until the caveator's claim can be resolved or litigated. It does not transfer title or grant a power of sale.
6Which of the following is required to establish a valid restrictive covenant that binds subsequent purchasers of Torrens title land?
A.The covenant must be registered as a mortgage on the servient tenement.
B.The covenant must be negative or restrictive in nature and must touch and concern the benefited land.
C.The covenant must have been approved by the local municipal council under a zoning plan.
D.The covenant must require the covenantor to perform a positive action on the land.
Explanation: Under the rule in Tulk v Moxhay, a restrictive covenant runs with the land in equity only if it is negative (restrictive) in nature (e.g., 'not to build more than one dwelling') and touches and concerns (benefits) the land of the covenantee. Positive covenants (requiring expenditure of money or action, such as 'to maintain a fence') generally do not run with the land at common law or in equity, except under specific strata or community title statutory schemes.
7Under the Torrens system, what legal interest does a mortgagee hold in the mortgaged property?
A.A statutory charge over the land, with the mortgagor remaining the registered proprietor.
B.An equitable right to occupy the property at any time.
C.A leasehold estate for the duration of the loan term.
D.Full legal ownership of the land, with the mortgagor retaining an equity of redemption.
Explanation: In Torrens title, a mortgage does not operate as a transfer of the legal estate to the mortgagee. Instead, it takes effect as a statutory charge on the land (e.g., s 57 NSW RPA; s 74 VIC TLA). Legal title remains with the mortgagor (the borrower), who remains the registered proprietor, while the mortgagee (the lender) holds a registered security interest.
8What is the status of an unregistered lease for a term of one year under the Torrens system in Victoria?
A.It is enforceable only if the lessee lodges a caveat prior to settlement.
B.It is protected as a paramount interest and binds a subsequent registered proprietor.
C.It is completely void and unenforceable between the parties.
D.It is treated as a tenancy at will that can be terminated on one day's notice.
Explanation: Under Section 42(2)(e) of the Transfer of Land Act 1958 (VIC), the interest of a tenant in possession of the land is protected as a 'paramount interest' that exception to indefeasibility applies to. This means that even if the lease is unregistered and not noted on the title, it remains binding on a subsequent registered proprietor, provided the tenant is in actual possession. In NSW, the short-term lease exception is more limited, requiring the term plus any option to not exceed 3 years (s 42(1)(d) RPA).
9In the Torrens title system, what does the principle of the 'curtain' refer to?
A.The physical filing system historically used to store certificate of title folios.
B.The absolute bar on lodging caveats after a transfer has been signed.
C.The idea that the register is the sole source of truth, meaning a purchaser does not need to look behind the certificate of title to investigate historical transactions.
D.The requirement to register all trust deeds at the Land Registry.
Explanation: The 'curtain principle' states that the register is a curtain behind which a purchaser does not need to look. Registered proprietors do not need to investigate the history of the vendor's title or how they obtained registration, as the certificate of title contains all current registered interests. This is supported by the 'insurance principle' (state-backed compensation) and the 'mirror principle' (the register reflects all relevant interests).
10Under the Transfer of Land Act 1958 (Victoria), what is the minimum continuous possession period required to claim title by adverse possession?
A.6 years
B.15 years
C.20 years
D.12 years
Explanation: In Victoria, the statutory limitation period for recovery of land is 15 years (Limitation of Actions Act 1958 (VIC), s 8). Consequently, a person must establish continuous adverse possession of the land for at least 15 years to extinguish the title of the registered proprietor. In New South Wales and Western Australia, the required period is 12 years.

About the Licensed Conveyancer Exam

The Australian Licensed Conveyancer Qualifying Assessment is based on the nationally recognised BSB60220 Advanced Diploma of Conveyancing, which forms the academic basis for licensed conveyancer registration in states like New South Wales, Victoria, and Western Australia. It covers property law, contract law, Torrens title system, trust accounting, stamp duty, tax compliance, professional indemnity insurance, and digital transactions via PEXA. Candidates must demonstrate competence in preparing legal documents, taking instructions, and executing settlements.

Exam sponsor: State Regulators (NSW Fair Trading, Victoria Business Licensing Authority, WA DEMIRS). The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Online or face-to-face assessments including multiple-choice quizzes, case studies, and practical files.

Time Limit

3.0 hours

Passing Score

Competent

Exam / Certification Fees

Course fees vary by Registered Training Organisation (RTO) plus state-based licensing application fees (approx. $250 - $950 AUD)

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

20%

Land Law & Torrens Title System

Covers indefeasibility of title, exceptions, easements, covenants, caveats, mortgages, leases, and land search interpretation.

20%

Contract Law & Property Transactions

Covers contract formation, statutory disclosure requirements (Section 32/Section 47), cooling-off rights, breach, and remedies.

25%

Conveyancing Transactions & E-Conveyancing

Covers PEXA electronic settlements, verification of identity (VOI), settlement adjustments, document preparation, and lodgement.

15%

Trust Accounting & Compliance

Covers trust money regulations, record-keeping, audit requirements, controlled money, and financial compliance.

10%

Tax Obligations in Conveyancing

Covers stamp duty, GST withholding on residential property, land tax adjustments, and CGT foreign resident clearance certificates.

10%

Professional Ethics & Practice Management

Covers scope of licence, conflicts of interest, costs disclosures, negligence, professional indemnity insurance, and consumer protection.

Preparing for the Licensed Conveyancer Exam

What You Need to Know

  • Passing score: Competent
  • Assessment: Online or face-to-face assessments including multiple-choice quizzes, case studies, and practical files.
  • Time limit: 3.0 hours
  • Exam / certification fees: Course fees vary by Registered Training Organisation (RTO) plus state-based licensing application fees (approx. $250 - $950 AUD) Official sources

Using Our Practice Resources

  • Work through all 100 available questions
  • Review every answer and explanation
  • Track weak areas and revisit them
  • Use our AI tutor for tough concepts

Licensed Conveyancer: Suggested Study Strategy

1Master Torrens title principles: understand indefeasibility of title under the Real Property Act and when exceptions (like fraud or short-term tenancies) apply.
2Practice settlement adjustments: learn how to calculate pro-rata adjustments for council rates, water rates, land tax, and body corporate fees.
3Understand trust account rules: remember that all trust money must be deposited into a trust account by the next business day, and records must be kept for 7 years.

Frequently Asked Questions

How do you become a licensed conveyancer in Australia?

You must complete the Advanced Diploma of Conveyancing (BSB60220), obtain the required supervised work experience (usually 1-2 years depending on the state), and apply to the state regulator (e.g., NSW Fair Trading or CAV in Victoria).

What is PEXA in Australian conveyancing?

Property Exchange Australia (PEXA) is the national electronic conveyancing platform used by lawyers and conveyancers to lodge registry documents and complete financial settlements digitally.