The intention and focus of this topic is to initiate and conduct an interactive dialogue with all participants to review the historical development of conveyancing fraud and the evolution of the law related to the liabilities of solicitors.
The topic will include the starting point of a discussion of the historical deliberations of the liability of a solicitor for fraudulent conveyancing matters based on the legal notion of ‘breach of warranty’ from the SK Song case all the way to the G Balan Govindasamy decision taking into consideration perhaps the Fullji Realty case.
This dialogue would also necessitate the understanding and discussion of the difference between the finding of a duty and the standard of care of a solicitor in conveyancing matters; this will likely encompass an intellectual discussion and exchange of thoughts pertaining the Rajamani decisions at the Court of Appeal and the Federal Court.
The session will also likely encompass an examination of as many as possible types of conveyancing fraud that have been perpetrated and how it has affected members of the legal profession. The exercise will probably include a discussion on how solicitors can devise “counter intelligence” measures to detect such fraudulent modus and to consider current insurmountable obstacles.