Property Practice

 

What is this subject about?

Property practice involves the conduct of transactions to convey, lease or mortgage real property. As well as conducting transactions, legal practitioners are often required to advise clients on general matters such as land use or revenue issues that relate to interests or dealings in real or leasehold property and securities.

In this subject you will cover the law, practice and procedure which will enable you to conduct the sale and purchase, lease or mortgage of real property effectively and to advise clients on matters relating to land use or issues arising from revenue and tax legislation.

What will I learn and what skills will I have the opportunity to practise?

The purpose of this subject is to enable you to become competent in the following elements of property law practice:

  • transferring title/property
  • creating leases
  • creating and releasing securities
  • advising on land use
  • advising on revenue issues, and
  • acting in property matters

At the end of this subject you will be able to demonstrate competence in:

Elements

Units

Element 1:

Transferring Title (NSW and VIC courses)

Transferring Property (QLD and WA courses)

Unit 1: Advising on Property Transactions
Unit 2:

  • Advising on a Sale (NSW and VIC courses)
  • The Contract on a Sale (QLD and WA courses)

Unit 3:

  • Drafting the Contract for Sale (NSW and VIC courses)
  • Acting for the Seller (QLD and WA courses)

Unit 4:

  • Advising on a Purchase (NSW and VIC courses)
  • Acting for the Buyer (QLD and WA courses)

Unit 5:

  • Investigating and Transferring Title (NSW and VIC courses)
  • Finalising the Transaction (QLD and WA courses)

Unit 6:

  • Finalising the Transaction (NSW and VIC courses)
  • Acting on the Sale and Purchase of Commercial and Other Property (QLD and WA courses)

Element 2: Creating Leases

Unit 7: Conducting Leasing Matters
Unit 8: Advising on and Drafting Leases
Unit 9: Advising Lessees and Settling Leases
  

Element 3: Creating and Releasing Securities

Unit 10: Advising on and Creating Securities
Unit 11:

  • Discharging Securities (NSW and VIC courses)
  • Releasing Securities (QLD and WA courses)

Element 4: Advising on Land Use
  

Unit 12: Advising on Planning and Environment Matters

Element 5: Advising on Revenue Issues
  

Unit 13: Advising on Revenue Implications in Property Transactions. 

Element 6: Acting in Property Matters
 

Unit 14: Acting in Property Transactions in Practice

 

How will I be assessed?

Assessment in this subject will be based on:

  • satisfactory participation in the subject
  • two practical written assignments
  • a property settlement viva voce examination (20%)
  • a property practice viva voce examination (20%), and
  • a two-hour open book written examination onsite (60%)

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