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

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

This subject takes a highly practical, step-by-step approach to the property transaction. It begins by discussing the scoping, structuring and due diligence steps and considerations at the beginning of the transaction. It then moves on to explore the formation, drafting and negotiation of the Contract for Houses and Residential Land, Fourteenth Edition, approved by the Real Estate Institute of Queensland and the Queensland Law Society, before explaining the process of closing the transaction. The critical elements of option agreements and the additional steps involved in rural transactions are also discussed. Ethical considerations in property transactions will be explored as will the technological developments currently impacting the way property law is practised. The subject aims to develop foundations for advanced and integrated understandings of this practice area.

On satisfactory completion of this subject you will understand fundamental theories and practices in real property transactions practice, and have an understanding of how to apply this knowledge in professional practice. You will be able to use and explain this knowledge to specialist and non-specialist audiences. Using practice-based analytical and critical thinking skills, you will be able to apply this knowledge to problem-solving and decision-making in practice.

TOPICS

• Representing clients ethically and competently in real estate transactions
• Electronic conveyancing and other technological developments
• The formation of the standard contract
• Understanding the standard Contract for Houses and Residential Land in Queensland
• Contract formation, exchange to settlement, post settlement and rural transactions
• Parties' default under the standard contract
• Remedies
• Options

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. By 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. You will develop the foundations for advanced and integrated understandings of this practice area.

TOPICS

• The foundations of leasing law
• Acting in commercial lease transactions
• Agreements for lease, incentive deeds. and Personal Property Securities Act 2009 (Cth)
• Drafting, negotiating and advising on leases
• Green leasing and Assignment of leases and subleases
• Acting in retail lease transactions and outgoings in commercial leases
• Remedies in leasing, and locking out lessees and relief against forfeiture
• Surrender of leases

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. By 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. You will develop the foundations for advanced and integrated understandings of this practice area.

TOPICS

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

Strata subdivision enables an increasingly common form of land ownership and has been part of the driving force behind the property development boom in Australian capital cities. This subject has a strong focus on strata title and will begin by discussing the different types of title arrangements, the "landmark" recent reforms of strata legislation and the nature of strata and other subdivision methods, including community title, company title and stratum subdivision.

The subject is segmented into two distinct parts of strata title – the development aspects involved in achieving strata plan registration and the on-going management aspects after the strata scheme has been established, including dispute resolution in strata schemes. Two perspectives of a property development project are then considered from the point of view of the advisor – the considerations when acting on behalf of a developer of a new strata scheme and the purchaser’s perspective when buying off-the-plan will also be analysed. Each module has been revised and based on the current legislation that applies.

TOPICS

• Foundations and origins of strata schemes
• Advising on title structures
• Development of a strata scheme
• Management of a strata scheme
• Developing and constituting a community scheme
• Resolving conflict in strata schemes and the strata renewal process
• Acting for a developer on a strata development project
• Advising a purchaser in an off-the-plan purchase

Community title in Queensland continues to grow. It is part of the driving force behind the property development boom in many parts of Australia, and especially in south east Queensland. By December 2016 there were over 46,000 schemes registered in Queensland.

Body corporate law is fragmented and is created through planning and titling laws and specific legislation dealing with community ownership. It has also developed from decisions of courts, tribunals and adjudications.

This subject is divided into various parts. First, we cover the development aspects – plan registration and the creation of a community management scheme. These are synonymous. The second part covers on-going management, including dispute resolution.

We also consider two perspectives of a property development project. We deal with the legal advice you should give to a developer of a new scheme. Then we cover legal advice you should consider giving to a buyer of an “off the plan” unit or apartment.

Each module has been revised and is based on the current legislation (July 2018). You should be mindful that significant legislative reforms are expected over the next year, because of considerable research, government calls for submissions and final recommendations in Queensland’s overhaul of property laws.

TOPICS

• Foundations and origins of community titles schemes
• Community title – essential features for advising clients
• Development of a scheme
• Governance – structure, management and roles
• Governance – By-laws
• Dispute resolution
• Acting for a developer on a community title development project
• Advising a buyer in an “off-the-plan” purchase

Virtually every property transaction involves a financing element. The ability to advise a client on the suitability of loan and security documentation and on financing structures and products is an essential skill for lawyers wishing to provide a complete service to a client in a property transaction. This subject aims to develop foundations for advanced and integrated understandings of this practice area.

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

• Deciphering finance and security products
• Consumer Lending Legislation and National Consumer Protection Act
• Land as security: Mortgages
• Guarantees
• Structuring transactions
• The loan documentation suite
• Satisfying conditions precedent
• Completion and default remedies

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:

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