16467 Built Environment Law and Ethics

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2025 is available in the Archives.

UTS: Design, Architecture and Building: School of the Built Environment
Credit points: 6 cp

Subject level:

Undergraduate

Result type: Grade and marks

There are course requisites for this subject. See access conditions.
Anti-requisite(s): 16128 Built Environment Law

Recommended studies:

Legal Studies, HSC

Description

This is a core first-year subject in the Bachelor of Property Economics (C10310). It provides students with an introduction to law for the built environment. Students are introduced to the Australian legal system and how it impacts on the nature of the construction industry. The subject covers contract law and torts law. Examples of relevant contractual and principles of contract law and tort law are drawn from cases primarily dealing with built law. The subject also covers two important areas of law, which are crucial for all property professionals, namely Australian Consumer Law and Australian Competition Law.

Students are also taught what constitutes a legal source as well as a basic introduction to legal citation and how to find sources of law.

Subject learning objectives (SLOs)

On successful completion of this subject, students should be able to:

1.	Understand the legal and regulatory framework in place in Australia and the structure of law making power in Australia.
2.	Understand the major sources of legal liability for construction and property professionals in Australia.
3.	Understand the basic principles of the land titling system in Australia.
4.	Understand where and how to find law in Australia. Able to differentiate between primary and secondary sources.
5.	Demonstrate proficiency in written communications, including being able to understand how legal opinions are structured.
6.	Demonstrate proficiency in applying legal principles covered in the course to simple fact-based legal problems.
7.	Read and summarise key principles from relevant cases (learning how to prepare a case note).
8.	Apply appropriate problem solving methodology by learning how to engage in legal reasoning.
9.	Critically engage with the legal principles discussed in the course, including the ability to question the legal principles discussed throughout the course.
10.	Demonstrate a basic understanding of the difference between legal and ethical frameworks for construction and property professionals.

Contribution to the development of graduate attributes

The term CAPRI is used for the five Design, Architecture and Building faculty graduate attribute categories where:

C = communication and groupwork

A = attitudes and values

P = practical and professional

R = research and critique

I = innovation and creativity.

Course intended learning outcomes (CILOs) are linked to these categories using codes (e.g. C-1, A-3, P-4, etc.).

Teaching and learning strategies

The learning activities in this subject involve lectures, discussions and independent reading/research. Emphasis is placed on students engaging with the online materials and required readings for the subject. Podcasts and videos provide an overview of the subject materials only. The combined lecture/workshops provide an opportunity for students to discuss legal concepts. Studentss undertake quizzes in the semester on the basic principles covered in the course.

Independent research involves students completing a legal report. Feedback is provided in lectures and also through UTS online feedback systems for the report. Students can also seek guidance/feedback throughout the semester by appointment with the Subject Co-Ordinator.

This report requires students to demonstrate their written communication skills.

At all stages of the course, students are asked to engage in independent reading and preparation for lectures as well as further reflection following each topic. Students are further supported by the use of Canvas which provides access to electronic copies of additional teaching and learning materials for the subject. Students who are identified as being required to attend Language Development Tutorials are further supported by the University to improve their English Language proficiency in classes developed by the University's Language Development Team.

OPELA and Language Development Tutorials

The University requires you to develop academic and professional language and communication skills in order to succeed at university and in the workplace. To determine your current academic language proficiency, you are required to complete an online language screening task, OPELA (information available at https://www.edu.au/research-and-teaching/learning-and-teaching/enhancing/language-and-learning/about-opela-students). An OPELA will be conducted in this subject. Details of how this is to be undertaken will be provided via announcements from the University's OPELA team.

If you receive a Basic grade for OPELA, the University requires you to attend additional Language Development Tutorials (each week from week [3/4] to week [11/12] in order to pass the subject. These tutorials are designed to support you to develop your language and communication skills.

Students who do not complete the OPELA and/or do not attend 80% of the Language Development Tutorials (as recorded by the University's Language Development Team) will receive a W (result Withheld) grade from that Team. This grade can be lifted when students complete a Language Development Intensive (LDI) or Language Development Online (LDO). All communications relating to the OPELA and tutorial attendance at the Language Development Tutorials need to be directed to the Language Development Team.

Content (topics)

Introduction to the Australian Law
Contract Law I, II and III
Torts Law I and II
Property Law I, II and III
Australian Consumer Law
Australian Competition Law

Assessment

Assessment task 1: Quiz

Intent:

The quiz is designed to test students' understanding of the content from Week 1 to Week 5.

Objective(s):

This task addresses the following subject learning objectives:

1, 10, 2, 3, 6, 7, 8 and 9

This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.):

A.1, P.1, P.2 and R.1

Type:

Quiz/test

Groupwork:

Individual

Weight:

20%

Length:

See Canvas for details.

Criteria linkages:

Criteria	Weight (%)	SLOs	CILOs
Understanding legal and regulatory context for property and construction professionals	13	1	P.2
Understand legal and regulatory context for property and construction professionals	13	2	P.1
Understand key obligations of property and construction professionals	13	7	P.1
Understand and analyse key obligations of property and construction professionals	13	9	R.1
Understanding of operation of legal and ethical judgments	13	10	A.1
Solve problems through application of relevant legal and ethical frameworks	13	6	A.1
Apply knowledge of law	11	8	A.1
Apply knowledge of law	11	3	P.2

SLOs: subject learning objectives
CILOs: course intended learning outcomes

Assessment task 2: Case note

Intent:

The purpose of this assessment task is to provide students with an opportunity to write a case note on an important case in Cartel Law that focuses on the Construction Industry. This assessment will provide students with in-dept knowledge and understanding of a recent key decision in law and to learn the implications of the case.

Students are required to demonstrate:

(1) proficiency in English language;

(2) proficiency in understanding professional report writing;

(3) an ability to interrogate legal sources;

(4) an ability to understand the operation of the common law system of precedent in Australia and the inter-operation of legislation and case law;

(5) the ability to think critically, to reason by deduction and by analogy.

This assessment will be assessed for English language profiency. You will be directed to further language support after the copletiion of this subject if your language is below the required standard.

Objective(s):

This task addresses the following subject learning objectives:

2, 4 and 5

This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.):

C.1, P.1 and R.2

Type:

Case study

Groupwork:

Individual

Weight:

30%

Length:

See Canvas for details.

Criteria:

The assignment is assessed through a rubric that is made available to students via Canvas.

Criteria linkages:

Criteria	Weight (%)	SLOs	CILOs
Understand legal and regulatory context for property and construction professionals	20	2	P.1
Understand key obligations of property and construction professionals	20	2	P.1
Use of appropriate methodology for report writing	10	5	C.1
Application of legal research skills	10	4	R.2
Critical reasoning and analysis; application of law to problem	40	5	R.2

SLOs: subject learning objectives
CILOs: course intended learning outcomes

Assessment task 3: Short problem questions

Intent:

The purpose of this assessment is to provide students with an opportunity to identify legal issues and apply the knowledge they acquire in the suject to contemporary issues in Contruction Law.

Objective(s):

This task addresses the following subject learning objectives:

1, 10, 2, 3, 6, 7, 8 and 9

This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.):

A.1, P.1 and P.2

Type:

Quiz/test

Groupwork:

Individual

Weight:

50%

Length:

See Canvas for details.

Criteria linkages:

Criteria	Weight (%)	SLOs	CILOs
Understanding legal and regulatory context for property and construction professionals	13	1	P.2
Understand legal and regulatory context for property and construction professionals	13	2	P.1
Understand key obligations of property and construction professionals	13	7	P.1
Understand and analyse key obligations of property and construction professionals	13	9	A.1
Understanding of operation of legal and ethical judgments	13	10	A.1
Solve problems through application of relevant legal and ethical frameworks	13	6	A.1
Apply knowledge of law	11	8	A.1
Apply knowledge of law	11	3	P.2

SLOs: subject learning objectives
CILOs: course intended learning outcomes

Minimum requirements

The DAB attendance policy requires students to attend no less than 80% of formal teaching sessions (lectures and tutorials) for each class they are enrolled in to remain eligible for assessment.

The Univerity has imposed a requirement in this subject that all students complete an OPELA. Students who receive a Basic grade in the OPELA are required by the University to attend 80% of the Language Development Tutorials in order to pass the subject. Students who do not complete the OPELA and/or do not attend 80% of the Language Development Tutorials (according to the ELD Team) will receive a W (result Withheld) grade from that Team. This grade can be lifted by that part of the University when students complete a Language Development Intensive (LDI) or Language Development Online (LDO). All inquiries relating to OPELA or Enlgish Language requirements generally should be directed to the ELD Team.

Required texts

The mandatory text in this subject is

Adrian Coorey, Introduction to the Australian Legal System (2nd Edition) (Jurisprudentia, Sydney, 2024). This text can be acquired through the Publisher's website <www.jurisprudentia.com.au>.

It is essential that each student either acquires a copy of this text or obtains one from the Library.

Recommended texts

See Canvas for details,

Other resources

See materials available via Canvas.