LAW7408 - Property Law Practice

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Introduction

Welcome to the Property Law Practice Unit in the Graduate Diploma in Legal Practice, Skills & Ethics Course.

Purpose

In this Unit you will be provided with an overview of some basic principles in property transactions. The topics covered in this Unit are foundation topics and provide useful examples and practical application opportunities of the basic principles involved in the transfer of a property, various types of leasing, including commercial and retail leases, and land use and development.

Learning Outcomes

This Unit is about developing your practical legal skills of letter writing, drafting, advising and completing other tasks in the various transactions commonly associated with the transfer of a residential property and the preparation of standard lease documentation.

At the successful completion of this Unit you should be able to

understand the ethical issues arising in conveyancing and real estate practices
take full and accurate instructions for both the sale/purchase of a residential property and the preparation of a lease
advise on factors which should be considered in both the sale/purchase of a property and the creation of a lease
prepare a contract of sale and draft special conditions for the sale of a residential property
conduct negotiations with another solicitor in respect of the terms and conditions of a contract of sale
arrange settlement including calculation of settlement figures
attend to post-settlement tasks
draft clauses for inclusion in a lease
understand the taxation implications of various property transactions
identify and advise on the relevant legislative scheme and processes to be followed to obtain permission for, or object to, an application for the development of land

Modules

This Unit is divided into 4 modules. Click on the titles below to read brief introductions for these modules.

1. Overview
2. Sale of a property
3. Creation of leases
4. Land use and development

Teaching Staff

This unit is taught by Bruce Arthur. You can contact Bruce by email.

Attendance

You must attend all face to face sessions to pass this Unit. If you have any difficulties in attending please contact Bruce as soon as possible.

Other

If you have any other enquiries please contact the following

Administrative - please contact Wendy Panaccio
Technology - please contact the Webmanager

Assessment

Assessment overview for this unit

If you have any academic questions with respect to this assessment, please email Bruce Arthur. If your question is administrative in nature please contact either Wendy Panaccio (Manager, Postgraduate Programs) or Gaye Lansdell (Course Convener).

Please note that assessments handed in late are subject to a penalty of 10% per day from both the skill (where appropriate) and the content. Please consult the Course Handbook provided in hardcopy at the commencement of the online course about assessment regulations. Please note that individual teachers or sessional staff are not authorised to provide extensions or accept special consideration applications - you must speak to the Course Convener.

Resources

You will find a range of useful resources available to help you in this Unit including

Unit resources

If you find any resources that you think might be helpful for this Unit can you please email your teacher with the details.

Plagiarism

The University applies strict policies on plagiarism. If a piece of assessable work contains significant plagiarised material it may be graded at zero. Furthermore, conscious or intentional copying can be regarded as cheating and dealt with under the University’s Disciplinary Procedures. It is also an offence for a student to permit their work to be copied by another student for submission.

It is critically important that graduates do not plagiarise. The program emphasises professional ethics and plagiarism by a solicitor has been treated as grounds for suspension from practice.

You must therefore take particular care that all the work you submit for assessment is genuinely your own work (apart from legitimate legal sources such as precedents). You are encouraged to discuss the requirements of an assessable task with your colleagues but the final product submitted must be your own.

You should bear in mind that your instructor is reading a relatively small number of pieces of work and improper similarities between the work of two or more graduates are strikingly obvious.

You should also bear in mind that it is improper to allow your work to be copied and both the copier and the copy-ee may receive a zero grade for the work.

Worksite

If you are an enrolled student you can now enter the Unit worksite by clicking on the link "Go to the online resources" in the blue box at the top right hand side of this page. Once you have logged in using your Monash "Authcate" password you will go to the Unit Organiser.