ABOUT PROPERTY LAW

Property law has seen tremendous change in recent years – and is the cornerstone of many law practices.

The core focus of our Property Law subjects is to equip you with the ability to analyse and better manage property transactions of all types. Subjects also focus on how to address and resolve the more complicated issues that you are likely to encounter as a property law practitioner. 

All subjects are continually updated to reflect legislative changes in NSW and Queensland.

The coursework has been absolutely relevant to my daily practice. The material that was provided to us throughout the course is constantly being used by me throughout my practice.

Adeline Schiralli

Consulting Principal, Keypoint Law, Graduate of the Master of Laws (Applied Law) majoring in Wills & Estates

COURSE DETAILS


PROP1 Foundations of Property Law***

This subject covers titles to, and interests in, land in New South Wales or Queensland (QPROP1). This includes the law and practice for the various forms of title and interests and the practice dealing with those titles and interests. The subject aims to provide you with a strong understanding of property law and a good foundation for practicing advanced property law in New South Wales and Queensland. It will also provide the base for the other subjects included in the Property Law curriculum, specifically:

  • sale and purchase of land
  • commercial leasing transactions
  • shared titles, and
  • financing property transactions.
Topics
  • Ownership of land: legal and equitable
  • Co-ownership: creation, inter vivos, severance and partition
  • Easements, a right in rem
  • Covenants over Torrens title land
  • Possessory title
  • Dealing with rural land and native title
  • Property law courts and tribunals
  • The Torrens system
PROP2 Buying and Selling Real Property***

This subject will take you through a sale and purchase of land transaction from its inception to its completion and give you the opportunity to test your ability to apply what you’ve learned through practical assessment.

Topics
  • Acting in real estate transactions: the overriding considerations
  • Options and other preliminary agreements
  • The formation of the Contract for Sale of Land
  • The standard Contract for Sale of Land
  • Drafting and negotiating the contract for sale of land
  • From exchange of contracts to completion
  • Completion and post-completion
  • Default of contract and remedy
  • Rural transactions
PROP3 Commercial Leasing, Contracts and Transactions***

Commercial leasing transactions can be major transactions to negotiate and to manage with multiple parties involved. They can also be small transactions with two parties only. At the end of this subject you will be familiar with all forms of commercial leasing transactions and the common avoidable errors inherent in leasing. In addition, through participating in practical activities and assessment, you will build and extend your existing drafting and negotiation skills and your expertise and value to clients in this area.

Topics
  • Leases – the type of interest in land
  • Acting in commercial lease transactions
  • Heads of agreement, agreements for lease and other preliminary agreements
  • Drafting leases
  • Advising on and negotiating leases
  • Assignment of leases and subleases
  • Lease options and incentives (PPSA)
  • Termination or surrender of leases
  • Remedies in leasing
PROP4 (NSW) Shared Title*

Whether you are working for developers or your clients are residential purchasers, knowledge and expertise in the growing area of Shared Title is a necessary addition to a property lawyer’s skill set. Shared title arrangements are an increasingly common and complicated form of land ownership and a growing area in property law practice.

At the end of this subject students will be able to advise developers on the different types of shared title arrangements available and the way in which these arrangements are governed and managed.

Topics
  • Describing shared title arrangements
  • Shared title concepts
  • Subdivision Governance: easements, rights of way, covenants, by-laws, management statements
  • Strata leasehold, part building strata, stratum lots
  • Community schemes
  • Deciphering the strata provisions in the NSW Contract for Sale of Land and drafting special conditions
  • Acting in “off the plan” sales
  • Advising a purchaser in an “off the plan” purchase
  • Disputes in shared title
PROP4 (QLD) Body Corporate and Community Title Law**

Whether you are working for developers or your clients are residential purchasers, knowledge and expertise in the growing area of body corporate and community title law is a necessary addition to a property lawyer’s skill set. These title arrangements are an increasingly common and complicated form of land ownership and a growing area in property law practice.

At the end of this subject, students will be able to advise developers on community title schemes and the way in which these arrangements are created, governed and managed.

Topics
  • Describing community title schemes
  • Advising on title and governance
  • Creating and managing a scheme
  • Common challenges with community title real estate projects
  • Advising a buyer in an off-the-plan purchase
  • Disputes
PROP5 (NSW only) Financing Property Transactions*

Virtually every property transaction involves a financing element. The ability to advise a client on the suitability of a financing structure and financing documentation is an essential skill for a lawyer wishing to provide a complete service to their clients in property transactions.

This subject takes you from the Letter of Offer to completion of the transaction, and explains each step in the process. Assessment in the subject is designed to equip you with immediately relevant and applicable skills.

Topics
  • Finance and securities
  • The letter of offer & structuring the transaction
  • Land as security: mortgages
  • The transaction documents
  • Drafting the transaction documents
  • Due diligence
  • Negotiating the transaction documents
  • Consumer lending
  • Mezzanine lending and equity financing
  • Default and remedies
PROP00 Capstone Project (Property Law)

The Capstone Project is taken as your final subject, as a culmination of the knowledge and skills attained throughout your major. It will allow you to demonstrate your skills in a specialist practice area using real-life scenarios and case studies.

Throughout the intake, you will receive individualised feedback from your lecturer and will also have access to a rich array of skills modules that include guides, samples, and practice exercises for honing your legal skills.

The highlight of the Capstone Project is the final task, where you will prepare a Final Portfolio that demonstrates your legal writing, research, and oral skills.

The subject has four components:

Topics
  • Four short answer questions
  • Two legal writing samples
  • Oral communication (e.g. client interview) assessment held through online conferencing
  • Reflective analysis of oral communication

 

* NSW specific content

** QLD specific content

*** NSW and QLD specific content

 


Advisory Board

Dannelle Howley Partner, Squire Patton Boggs 

Roger Mattar Partner, Kemp Strang 

Peter Rosier Principal Solicitor, Rosier Partners Lawyers

 

Teaching Staff

Anthony Boge Accredited Specialist (Property Law) and Special Counsel, HWL Ebsworth Lawyers

Michael Byrom Principal, Byrom's Lawyers

Julian Creagh Associate Wilson Lawyers   

Simone Dixon Special Counsel, Herro Solicitors

Mark Illidge Principal Hinterland Lawyers 

Lindsay McGregor Special Counsel - Leasing, Holding Redlich

Greg Stilianou Principal Lawyer, Greg Stilianou Legal

Kye Tran NSW Accredited Specialist (Property Law) and Consultant Lawyer, Nolans Laywers