75422 Property and Commercial Practice
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.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((75424c Skills and Wills Practice AND (102 credit points of completed study in spk(s): STM90688 102cp Core subjects LLB OR 108 credit points of completed study in spk(s): STM90832 LLB Core Subjects OR 108 credit points of completed study in spk(s): STM90831 Juris Doctor Core Subjects) AND (114 credit points of completed study in spk(s): C04236 Juris Doctor OR 162 credit points of completed study in spk(s): C10124 Bachelor of Laws OR 114 credit points of completed study in spk(s): STM90691 144cp Law Stream OR 114 credit points of completed study in spk(s): STM90401 Law Stream Combined Degree BA Communication Bachelor of Laws OR 132 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice)) OR 75424c Skills and Wills Practice )
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses. See access conditions.
Description
This subject covers the skills, practice areas and values required for students to be admitted to practise law as prescribed by the 'competency standards' set out in the Legal Profession Uniform Admission Rules 2015. This subject is part of the Practical Legal Training (PLT) program.
Students cover the law, practice, procedure and skills to enable them to conduct and advise on property transactions and commercial matters. Students draft relevant documents and analyse clients' problems in these areas of the law, as well as offering options and solutions.
Students then have one elective to choose from:
Banking and Finance Practice OR Planning and Environmental Law Practice.
Students delve into their chosen elective through a series of practical tasks, such as drafting, advising or advocacy. These tasks introduce students to specialist practice and provide further opportunities to apply the skills and competencies covered in the Commercial Law component of the subject.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | apply an understanding of the law, its principles and procedures to conduct a conveyance of real property within a prescribed time period. |
|---|---|
| 2. | advise and competently act for clients in respect of the sale and purchase of a residential property and a business, including the evaluation of relevant business structures. |
| 3. | analyse practical legal and non-legal issues arising in property and commercial transactions and to evaluate and communicate options and solutions to clients in a professional and effective manner. |
| 4. | draft clear and concise legal documents in accordance with client instructions in various property and commercial transactions. |
| 5. | apply general accounting principles in a conveyancing transaction. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
a. A specialised understanding of the application of a complex body of legal knowledge within the context of legal practice in the Australian legal system, the principles and values of ethical practice, and contemporary developments in law and its professional practice.
b. Demonstrate adherence with the PLT Competency Standards for Entry-level Lawyers as determined by the Law Admissions Consultative Committee (LACC). (1.1) - Critical Analysis and Evaluation
a. A capacity to think critically, strategically and creatively, including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses.
b. Identify, synthesise and articulate complex legal and technical issues and apply analytical skills to identify innovation and generate clear, succinct and novel responses. (3.1) - Communication
a. Appropriate professional communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond respectfully.
b. Communicate accurately and appropriately with multidisciplinary audiences in a range of specialised formats, including productive collaboration with professional teams and clients. (5.1) - Collaboration
a. Specialised collaboration skills, including effective team work to achieve a common goal in a group learning environment or the workplace.
b. Take responsibility to give feedback and to respond to feedback in a professional context, to work effectively with colleagues and other stakeholders and to resolve challenges through effective negotiation. (6.1)
Teaching and learning strategies
Strategy 1: Students’ Preparation and Reflection
Students are required to plan their time so they can prepare for each activity as well as reflect upon what they have learnt. Students are expected to have read the lecture notes and the readings relating to each topic and listen to the recorded lecture on the weekly topics (all are in the weekly modules on Canvas). Reading and understanding the lecture notes and listening to the recorded lecture should take approximately two hours per week. Reading the essential weekly readings and research to prepare for activities should take approximately one hour per week, although some students may wish to allocate more time to research, depending on their level of knowledge.
Students are also encouraged to read beyond the essential reading list. Readings are available as e-readings via the UTS Library or websites as indicated. There are also self-assessed activities posted on Canvas to prepare for Assessable Tasks.
Good time management skills are essential for lawyers and students alike. Students should plan their timetable carefully in order to achieve the learning objectives in a clear and efficient manner.
Strategy 2: Exploring the Principles for Practice
Lectures and readings provide students with access to the law, practice and procedure related to the topics and link legal knowledge to its application in practice. These resources enable students to build on the legal knowledge acquired in their prior law subjects by developing their capacity to identify relevant legal principles in a professional scenario. Students can also explore their understanding of applying the law by asking questions in workshops and on Canvas. Lectures are recorded and posted with the powerpoint slides on Canvas. They provide useful review materials, alongside the lecture preparation notes available for students.
Strategy 3: Simulated Professional Practice
Students are required to conduct a practice file in a residential conveyancing transaction. Completion of practice file steps allows students to learn at a time that suits them and implement self management of the required legal tasks. However, certain deadlines have to be imposed to ensure an effective learning strategy and to reflect professional practice. For example, as in legal practice, there are specific dates by which students must exchange and settle the conveyancing transaction. Accountability and professionalism are essential attributes in legal practice and students are encouraged, through the file management, to develop life-long strategies for meeting their ethical obligations, including compliance with due dates, completion times and clients’ instructions.
Students also undertake the drafting of a commercial lease and consider issues relating to the sale and purchase of a business, including the appropriate business structure and revenue and leasing issues, in both an assessable assignment and collaborative problem solving groups. Students utilise knowledge gained from lectures and recommended reading. Feedback is provided in workshops and on the Canvas discussion board and when marked assignment tasks are returned.
Strategy 4: Learning through Discussion and Collaboration
Each week students engage in collaborative discussions on aspects of the Practice File and other activities relating to skills required in practice, in workshops and on the dedicated Canvas Discussion Board. These discussions provide practice at analysing factual material, identifying legal issues, collaborating with other practitioners to seek resolutions and communicating with clients in a clear and concise manner. Feedback is immediately provided by clinical practitioners and peers. Discussions also provide an opportunity for students to obtain clarification about ongoing learning and assessments and prepare students for the collaborative problem solving in Assessable Task 3.
Students engage in a non assessable drafting activity with immediate feedback from clinical practitioners. This feedback is in preparation for the drafting component of Assessable Task 2.
Assessable Task 3 involves students actively contributing to the collaborative identification and resolution of specific problems posted on Canvas over a three week period. Students enrolled in on-campus mode collaborate in their timetabled on-campus workshops and students enrolled in distance or online learning mode collaborate in allocated teams posted on Canvas. Immediate feedback is provided by peers and clinical practitioners, and clinical practitioners provide written feedback at the conclusion of the three week period.
Students are encouraged to post questions, contributions and helpful information for their colleagues throughout the session.
Subject Delivery and Expectation of Student Participation
Transactional Practice is structured to be completed in one university session. There are weekly modules consisting of recorded lectures, readings, activities and recorded and printed information relating to those activities, discussion boards, workshops and zoom sessions, which collectively cover the competencies for the subject. All materials are posted on Canvas at least two weeks before each activity is scheduled to enable students to do the self-initiated reading and research required for them to contribute to discussion.
Content (topics)
- Revenue Implications in Property and Commercial transactions
- Vendor’s Title and the Sale Contract
- Acting for Vendors and Purchasers of Land – pre-exchange to post-exchange
- Acting for Vendors and Purchasers of Land – pre-settlement to post settlement
- Mortgages and Securities
- Commercial Leases General
- Commercial Leases Common Terms
- Business Structures
- Contract for sale of business – pre-exchange to exchange
- Contract for sale of business – post-exchange to post settlement
- Strata Title
- Powers of Attorney, Options, Residential Tenancies
Option
Banking and Finance Practice OR Planning and Environmental Law Practice
Assessment
Assessment task 1: Practice File
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.1, 3.1 and 5.1 |
|---|---|
| Weight: | 55% |
| Length: | 2,000 words |
| Criteria: |
Note: Students must comply with the UTS Student Rules including Rule 16.2 on student misconduct. Student misconduct includes:
Students are advised that vivas or other invigilated tasks may be used to verify student achievement of learning outcomes (UTS Coursework Assessment Policy s 4.28). This includes where a marker or Subject Coordinator has questions about the acknowledgment of sources or authenticity of work submitted or has reason to believe that students have engaged in misconduct (Rule 16 of the Student Rules). Failure to participate may result in a fail mark for this assessment and/or impact your progression in this subject/course. |
Assessment task 2: Commercial Advice and Drafting
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: 1.1, 3.1 and 5.1 |
|---|---|
| Weight: | 30% |
| Length: | 999 words |
| Criteria: |
Note: Students must comply with the UTS Student Rules including Rule 16.2 on student misconduct. Student misconduct includes:
Students are advised that vivas or other invigilated tasks may be used to verify student achievement of learning outcomes (UTS Coursework Assessment Policy s 4.28). This includes where a marker or Subject Coordinator has questions about the acknowledgment of sources or authenticity of work submitted or has reason to believe that students have engaged in misconduct (Rule 16 of the Student Rules). Failure to participate may result in a fail mark for this assessment and/or impact your progression in this subject/course. |
Assessment task 3: Collaborative Problem Solving
| Objective(s): | This task addresses the following subject learning objectives: 3 This task contributes specifically to the development of the following graduate attributes: 1.1, 3.1 and 6.1 |
|---|---|
| Weight: | 15% |
| Length: | 250 x 2 |
| Criteria: |
Note: Students must comply with the UTS Student Rules including Rule 16.2 on student misconduct. Student misconduct includes:
Students are advised that vivas or other invigilated tasks may be used to verify student achievement of learning outcomes (UTS Coursework Assessment Policy s 4.28). This includes where a marker or Subject Coordinator has questions about the acknowledgment of sources or authenticity of work submitted or has reason to believe that students have engaged in misconduct (Rule 16 of the Student Rules). Failure to participate may result in a fail mark for this assessment and/or impact your progression in this subject/course. |
Required texts
- Legislation referred to in Lectures
- Lexis Advance Pacific Practical Guidance (e-readings) as directed in this Subject Outline
- Websites and other material as directed.
Recommended texts
- Baalman and Wells Land Titles Office Practice, Westlaw Now
- Edgeworth B, Butt's Land Law, 7th ed. Thomson Reuters, 2017
- Gray J, Property Law in New South Wales, 4th ed, LexisNexis Butterworths, 2018
- Tooher J & Dwyer BM, Introduction to Property Law, 5th ed. 2008 LexisNexis Butterworths
- Young PW, Cahill T & Newton G, Annotated Conveyancing and Real Property Legislation New South Wales 2017-2018, LexisNexis Butterworths 2018
- Newton G, Annotated Conveyancing andd real Property Legislation New South Wales 2022, 2022-2023 ed, Lexis Nexis
- Turner, C & Trone J & Gamble R, Concise Australian Commercial Law, 7th ed. Thomson Reuters, 2022
Other resources
- Other materials and information can be found on The Law Society website
- External Links on CANVAS for this subject.