LAW 6504 - Property Law Practice

North Terrace Campus - Summer - 2019

The aim of the course is to provide an understanding of property law to enable you as an entry-level lawyer to: convey, lease and mortgage real property; and provide general advice on standard matters arising under local government, planning, environmental or other legislation relating to land use in the relevant State or Territory. Topics include transferring title, conveyancing, mortgages and leases. The course is offered in partnership with South Australian practitioners and agencies.

  • General Course Information
    Course Details
    Course Code LAW 6504
    Course Property Law Practice
    Coordinating Unit Adelaide Law School
    Term Summer
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Available for Study Abroad and Exchange N
    Restrictions Available to GDLP students only. Not available for Study Abroad & Exchange.
    Course Description The aim of the course is to provide an understanding of property law to enable you as an entry-level lawyer to: convey, lease and mortgage real property; and provide general advice on standard matters arising under local government, planning, environmental or other legislation relating to land use in the relevant State or Territory. Topics include transferring title, conveyancing, mortgages and leases.

    The course is offered in partnership with South Australian practitioners and agencies.
    Course Staff

    Course Coordinator: Desiree Holland

    As course staff work in the South Australian legal profession all communication should be directed to the GDLP Coordinator, Desiree Holland in the first instance: gdlpenquiries@lawsocietysa.asn.au

    The GDLP Coordinator will contact the appropriate course staff as necessary. 

    Course Coordinator (UA Law School): Assoc Professor David Brown
    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

    This course will be taught intensively. Full details of seminars and activities are made available on the MyUni course website prior to the course commencing.


    Students are strongly advised to attend all seminars as detailed on the course planner.
  • Learning Outcomes
    Course Learning Outcomes

    On successful completion of this course, students will be able to:

    1 Explain, apply and integrate knowledge of property law, concerning local government, planning, environmental or other legislation relating to land use in the relevant State or Territory.
    2 Determine appropriate course of action to achieve desired objectives.
    3 Articulate legal arguments and perspectives both individually and within in teams.
    4 Demonstrate an ability to exercise professional judgement consistent with the practice of property law.
    5 Identify and weigh social, policy and ethical perspectives impacting upon property relationships and rules.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    2
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    3
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    4
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • Able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    5
  • Learning Resources
    Required Resources
    No textbooks are assigned for GDLP courses.

    Seminar resources and readings are available on MyUni ONLY. Students must bring electronic devices to seminars to access seminar materials.

    Due to an emphasis on current legal practice other materials may be added after the course outline has been posted. Students are required to check MyUni daily to keep up to date.
    Recommended Resources
    Most course resources are provided to students ONLINE via MyUni. Relevant law can be accessed online via:

    http://www.comlaw.gov.au/
    http://www.legislation.sa.gov.au/index.aspx
    http://www.austlii.edu.au/

    Due to the emphasis on current legal practice, other materials may be added after the course outline has been posted. Students are required to check MyUni regularly daily to keep up to date.
    Online Learning
    The course is supported by the MyUni course website. The website contains the following resources:

    1. Course information – including seminar schedule and assessment outline.
    2. Course materials – such as lecture presentations, seminar materials, readings and resources.
    3. Assessment – items of assessment and online submission.
    4. Grade centre – where students’ results for assessments are entered.

    MyUni will also be used to post announcements. Students are expected to check MyUni daily to keep up to date.

    Students should check daily their University of Adelaide email.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    The course will be taught intensively. Online lectures are supported by activities such as face to face interactive problem-solving seminars and practical exercises.

    Students MUST come prepared for seminars, namely having listened to online lectures, undertaken prior reading and developed draft responses to the seminar questions. If students have not prepared and / or arrive more than 10 minutes late they may be asked to leave the seminar group.

    Attendance is strongly advised. Students are expected to behave in an ethical and professional manner as would be
    expected in the workplace environment (compliant with the professional conduct rules and standards).
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    In addition to attending seminars it is anticipated that students will do substantial independent work to prepare for seminars and to complete the course assessments. Students are expected to spend about 15 hours per week in private study which includes reading the materials, listening to lecture presentations, conducting research and preparing for seminars. In addition, students will need to dedicate time for the completion of assessments. This is a guide only.
    Learning Activities Summary
    A detailed seminar schedule will be posted to MyUni prior to the course commencing.


    This course will cover the following topics:

    Transferring title

    Creating leases

    Creating and releasing mortgages

    Advising on land use

    Advising on revenue implications


    Specific Course Requirements
    The course is based on the rules of the Legal Practitioners Education and Admission Council (LPEAC) 2018 which specifies the expected competency standards for entry level lawyers at the point of admission. In order to pass this course you are expected to demonstrate competence in these standards. Attendance at seminars is highly advised and active participation in seminars is required in addition to assessment tasks.

    The national competency standards include underpinning knowledge and skills in:
    · Ethics and professional responsibility
    · Lawyers skills
    · Problem solving
    · Work management and business skills

    For further information please contact LSSA program manager (GDLP).
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    Assessments will be made available to students, prior to the nominated deadline.

    Note: Competence must be demonstrated in all assessment tasks and activities.


    * Assessment deadlines will be posted on MyUni prior to the course commencing.

    Assessment Task Task Type Due Weighting Learning Outcome
    Task 1 Individual Day prior to course commencing n/a 1-5
    Task 2 Individual Week 1 n/a 1,3-5

    Task 3

    Individual Week 2 n/a 2,4-5
    Assessment Related Requirements
    Assessments will be made available to students, prior to the nominated deadline. Assessment deadlines will be posted on MyUni prior to the course commencing.

    All assessments are competency based (non-graded pass). Competence must be demonstrated in ALL assessment tasks and activities. MyUni requires a numerical value to display that competency has been demonstrated. Please note:

    1 – Competency has been achieved (non-graded pass)
    0 = Competency has not yet been achieved (re-submission required).

    In this course, the following elements of the National Competency Standards for Entry Level Lawyers are embedded:
    Ethics and professional responsibility
    Lawyers skills
    Problem solving
    Work management and business skills

    Students are required to demonstrate, where appropriate, the following:
    Punctuality
    Workload management and ability to adhere to deadlines
    Active engagement in practical activities
    Respectful behaviour towards others
    A high level of confidentiality at all times
    Satisfactory completion of prescribed exercise

    Assessment Detail
    Assessments will be made available to students, prior to the nominated deadline. Assessment deadlines will be posted on MyUni prior to the course commencing. Assessments will be made available to students, prior to the nominated deadline. Assessment deadlines will be posted on MyUni prior to the course commencing.


    Task 1
    Pre-attendance 20 short answer questions:
         
    General property questions     
    Sale and purchase of land      
    Caveats       
    Stamp duty       
    Mortgages       
    Personal property       
    Fences development


    Task 2
    Outline at least 10 types of clauses that will need to be in the Memorandum of Lease (Form L1) based on the client’s instructions.

    Outline some of the GST and State tax issues that might be relevant (note – your answer does not need to address income and capital gains tax issues).

    What warnings would you give to your client in respect to the legality of the instructions provided? What recommendations would you provide?

    A lease has not been prepared but there is a Disclosure Statement. Advise the client on whether it is prudent to take possession of a shop given there is no lease.

    What searches should be undertaken for a lease? What steps are needed to be undertaken to prepare, execute and register a lease? Complete a disclosure statement


    Task 3 Property law scenario assessment

    Providing advice to a client on purchasing a property regarding:
         
    Local government and planning      
    Special conditions to contract of sale      
    Fences 
    Mortgages       
    Development





    Submission
    Students must retain a copy of all assessments submitted.

    Students are to submit assessments online by Turnitin.

    Please note: where forms or documents have been outlined in assessment activities for completion these should be downloaded from original sources and completed in an electronic format, if not supplied.

    Students will be marked in accordance with the marking rubric.


    Resubmission

    Students are required to demonstrate competency in all elements of the national competency standards and failure to do so will result in the relevant assessment being marked as non-competent. If the assessment is deemed non-competent students may be offered the opportunity to revise and resubmit the assessment.

    From 2019 a supplementary teaching day will be offered. Attendance is not compulsory. After this teaching day, students who need to resubmit their assessment may do so. If the resubmitted assessment fails to demonstrate competency then the student will need to undertake this course again and pay additional fees.

    Assessments that do not attain competence on resubmission (fail), per University policy, are double-marked before the results are
    released back to the student.


    Extensions

    Students MUST apply for an extension prior to the deadline to the program manager (GDLP).

    Extensions on medical and compassionate grounds will be in accordance with University policy.


    Late Submission

    Assessments submitted late will not be marked.

    NOTE: in this course, students are assessed against the national competency standards and professional workplace standards; namely
    · Ethical and professional responsibility
    · Lawyers skills
    · Problem solving
    · Work management and business skills
    · Punctuality
    · Workload management and ability to adhere to deadlines
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    GS8 (Coursework Grade Scheme)
    Grade Description
    CN Continuing
    FNS Fail No Submission
    NFE No Formal Examination
    F Fail
    NGP Non Graded Pass
    P Pass
    C Credit
    D Distinction
    HD High Distinction
    RP Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    In this course all assessment and course results are competency based (non-graded pass) as per the table below.
    Competence must be demonstrated in all assessment tasks and activities.

    Grades for your performance in this course will be awarded in accordance with the following scheme:


    Grade Grade reflects following criteria for allocation of grade Reported on Official Transcript
    Fail No Submission No work submitted for assessment FNS
    Fail Competency not demonstrated F
    Non- Graded Pass Competency demonstrated NGP
    Result Pending An interim result RP
    Continuing Continuing CN
    No Formal Examination No formal examination NFE

    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    Lex Salus Program
    Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

    Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

    Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

    Student Life Counselling Support
    The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Academic Honesty
    Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

    Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.