![Course](/images/course_icon2008.gif)
Commercial Property Transactions - LAWS8025
Faculty: Faculty of Law
School: Faculty of Law
Course Outline: See below
Campus: Sydney
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: 3 (more info)
Tuition Fee: See Tuition Fee Schedule
Further Information: See Class Timetable
View course information for previous years.
Description
LLM Specialisation
Recommended Prior Knowledge
Main Topics
- 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.
Please refer to the Course Outline for further reading.