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LAW6424 Advanced Property Conveyancing

Interim Trimester 2, 2023 Online
Units : 1
School or Department : School of Law and Justice
Grading basis : Graded
Course fee schedule : /current-students/administration/fees/fee-schedules

Staffing

Course Coordinator:

Requisites

Pre-requisite: LAW5213 or LAW5214
Enrolment is not permitted in LAW6424 if LAW3424 has been previously completed

Overview

Queensland has a specialised conveyancing process, which unlike other states and territories in Australia requires a qualified legal practitioner. A real estate transaction is one of the most common contracts a legal practitioner encounters in practice and provides the ideal vehicle for an analysis of the interaction of the principles of a number of areas of law. This is an area of law and practice where technology has had a huge impact and continues to do so.

This course enables you to apply the legal principles from your earlier years of the LLB to an examination of a standard land sale contract, and develops your skills of problem solving, legal analysis and written communication in the context of the legal principles and practice of conveyancing in Queensland.

The course will examine the major elements in a land contract from pre-contract negotiations to post transfer rights and obligations. Students will be expected to use precedent documents and draft various clauses applicable to the standard land contract to overcome various problematic situations and know the standard land contract conditions in detail. Whilst some emphasis is placed on a residential conveyance, the peculiarities of commercial and community title land contracts are also considered.

Course learning outcomes

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

  1. demonstrate an understanding [explain and apply] of a coherent body of knowledge [relevant to property conveyancing law], and underlying principles and concepts and the broader contexts within which legal issues arise [in this area] (PO1/TLO1);
  2. demonstrate an understanding of approaches to ethical decision-making [explain, apply and evaluate]; an ability to recognise and reflect upon (and a developing ability to respond to) ethical issues likely to arise in professional contexts [in property conveyancing law]; an ability to recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community; and a developing ability to exercise professional judgment (PO2/TLO2).
  3. identify and articulate legal issues [relevant to property conveyancing law]; [comprehend legal and other materials]; apply legal reasoning and research to generate appropriate responses to legal issues; engage in critical analysis and make a reasoned choice amongst alternatives; and think creatively in approaching legal issues and generating appropriate responses (PO3/TLO3);
  4. demonstrate the intellectual and practical skills needed to identify, research in an ethical manner, evaluate and synthesise factual, legal and policy issues [relevant to property conveyancing law] (PO4/TLO4);
  5. communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).

Topics

Description Weighting(%)
1. Overview of the conveyancing process in Queensland 10.00
2. Pre-contractual disclosures 20.00
3. Special conditions and deposit 10.00
4. Formation of the contract 20.00
5. Contract to settlement 25.00
6. Remedies 10.00
7. Completion of contract 5.00

Text and materials required to be purchased or accessed

There are no texts or materials required for this course.

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Approach Type Description Group
Assessment
Weighting (%) Course learning outcomes
Assignments Written Essay No 20 1,3,4,5
Assignments Written Problem Solving 1 No 40 1,2,3,4,5
Assignments Written Problem Solving 2 No 40 1,2,3,4,5
Date printed 9 February 2024