New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 176

176 Protection of solicitors, licensed conveyancers, trustees etc

(1) It is hereby declared that the powers given by this Act to any person, and the covenants, provisions, stipulations, and words which under this Act are to be implied in any instrument, or are by this Act made applicable to any contract for sale or other transaction, are and shall be deemed in law proper powers, covenants, provisions, stipulations, and words to be given by, or to be contained in, any such instrument, or to be adopted in connection with, or applied to, any such contract or transaction; and a solicitor or licensed conveyancer shall not be deemed guilty of neglect or breach of duty, or become in any way liable, by reason of his or her omitting, in good faith, in any such instrument, or in connection with any such contract or transaction, to negative the giving, inclusion, implication, or application of any of those powers, covenants, provisions, stipulations, or words, or to insert or apply any others in place thereof in any case where the provisions of this Act would allow of his or her doing so.

(2) But nothing in this Act shall be taken to imply that the insertion in any such instrument, or the adoption in connection with, or the application to, any contract or transaction of any further or other powers, covenants, provisions, stipulations, or words, is improper.

(3) Where the solicitor or licensed conveyancer is acting for trustees, executors, or other persons in a fiduciary position, those persons shall also be protected in like manner.

(4) Where such persons are acting without a solicitor or licensed conveyancer, they shall also be protected in like manner.