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Commercial Property Transactions - LAWS8025
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230
 
 
Excluded: JURD7425
 
 
CSS Contribution Charge:Band 3 (more info)
 
 
Tuition Fee:See Tuition Fee Schedule
 
 
Further Information: See Class Timetable
 
 

Description

This course aims to provide the student with a knowledge of contract, equity and property law and cognate statute law governing the conduct of commercial land dealings from the negotiation stage through to completion of contract. The course goes beyond a study of the standard form contract for sale of land used in New South Wales and treats topics of national interest and importance. Where a study of state legislation is made, the New South Wales model will be used although reference may be made, for comparative purposes, to the legislation in other states.


LLM Specialisation

Recommended Prior Knowledge

None

Main Topics

The course will cover a number of important issues involved in the commercial use of property, including its use to secure lending. The following topics will be discussed:
  • Formation of the contract: formalities; deposit and forfeiture of deposit; statutory preconditions under the Conveyancing Act; Masters v. Cameron; options and rights of pre-emption; “informal” contracts, and entitlements to land, arising by means of promissory, conventional and proprietary estoppels;
  • Title; vacant possession; the standard contract for sale; requisitions; special conditions; GST; dispute resolution under the standard contract; damages for breach at common law and under the contract; notices to perform; termination – Tanwar v. Cauchi;
  • Leases: formation; Walsh v. Lonsdale; sections 127 and 133 of the Conveyancing Act; standard covenants; breach; assignment; forfeiture and relief against forfeiture; fixtures and tenant’s fixtures;
  • Mortgages: the security interest under Old System and under the Real Property Act; clogs on the equity of redemption; standard terms; receivership; enforcement under statute; resisting enforcement; forgery and fraud; indefeasibility and the in personam exception;
  • Easements and Profits: definitions; statutory easements under section 88K and section 40 LEA;
  • Land use and planning law.

Assessment

Take-home exam Preparation and engagement in class 100% (or 50% if research essay is submitted)
Research essay Optional 50% (optional)
 

Course Texts

Prescribed
There are course readings which can be purchased from the UNSW Bookshop.

Order from UNSW Bookshop

Recommended
Please refer to the Course Outline for further reading.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.