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Unit outline_

LAWS5117: Commercial Land Law

Intensive July, 2021 [Block mode] - Remote

In terms of content, this unit aims to explore in greater depth some important aspects of the law of real property which the compulsory Real Property unit does not cover. The topics which will be covered will be: leases (including covenants of leases, assignments of leases, remedies of landlords, relief against forfeiture and subleases); possessory title; mortgages (with special attention on the rights and remedies of the mortgagor and mortgagee; reverse mortgages); options and only if significant time permits strata and community titles. Students who wish to practise in the area of property law are encourage to consider studying this unit, because the matters covered are indispensable for a career in property law. From a pedagogical perspective, the assessment is structured to improve the oral, research and problem-solving skills of students. There will be a problem-solving session at the end of the course. The classroom-style is structured to encourage students to participate in discussion and to learn collaboratively.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Harry Simons, harrison.simons@sydney.edu.au
Lecturer(s) Harry Simons, harrison.simons@sydney.edu.au
Type Description Weight Due Length
In-semester test (Take-home short release) Type D in-semester exam Interim test
Interim 1 hour test (plus 30 minutes reading time).
30% Please select a valid week from the list below
Due date: 07 Jul 2021 at 09:00
1 hour
Outcomes assessed: LO1 LO3 LO4 LO2
Assignment Short-release problem question assignment
Take-home assignment
70% Week -02
Due date: 26 Jul 2021 at 12:00
4000 words / 7 days
Outcomes assessed: LO1 LO3 LO4 LO2
Type D in-semester exam = Type D in-semester exam ?

Assessment summary

  • Interim test (weighted 30% of final grade)

This 1-hour interim test (with 30 minutes’ reading time) will comprise a hypothetical problem question and an essay question which will address students’ understanding and application of the case law and legislation in Topic 1. The test will be held at 9:00am and conclude at 10.30amon 7 July 2021. Further details of the test will be published on Canvas. 

  • Final problem question assignment (weighted 70% of final grade)

The final assessment will be an assignment that will be released at 10:00am on 19 July 2021 and will be due at 12:00pm on 26 July 2021. The assignment will contain two hypothetical problem questions which will assess students’ understanding and application of the case law and legislation in Topics 2 to 5 in the unit of study. Further details of the assignment will be published on Canvas.

IMPORTANT NOTE: A student must make a satisfactory attempt of all assessment tasks set out for this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will not be marked (NB: this rule applies only to the final problem question assignment and does not apply to the test).

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Pre-semester Topic 1: Adverse Possession Block teaching (6 hr) LO1 LO3 LO4
Topic 2: Land Contracts Block teaching (5 hr) LO1 LO3 LO4
Topic 3: Leases Block teaching (14 hr) LO1 LO3 LO4
Topic 4: Mortgages Block teaching (10 hr) LO1 LO3 LO4
Topic 5: Options Block teaching (3 hr) LO1 LO3 LO4

Attendance and class requirements

  • Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by online attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment and being discontinued from the unit of study, resulting in an Absent Fail or Discontinue - Fail grade.
  • Referencing: The Sydney Law School expects you to use the most recent version of the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer.
  • Word Count: Unless otherwise stated, a piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks allocated to the piece of assessment for every 100 words, or part thereof, over the limit. The total word count for essays and other written assessments will:
    • exclude: bibliography; footnote numbers; footnote citations; cover page and
    • include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.
  • The prescribed word limit is strict. There is no 10% leeway or any other leniency applied to word limits.
  • For full policy on penalties and other student policies please refer to the Faculty Handbook: http://sydney.edu.au/handbooks/law/rules/faculty_resolutions.shtml

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

  • Up-to-date copy of the statutes Conveyancing Act 1919 (NSW) and Real Property Act 1900 (NSW).
  • Brendan Edgeworth, Butt's Land Law (7th ed, Lawbook Co, 2017).
  • All cases and legislation prescribed by bold and underlining on Canvas.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. Understand further aspects of land law which have commercial impact, building on material you have covered in other property subjects such as Introduction to Property and Commercial Law, Real Property and Equity.
  • LO2. Think practically about resolving commercial land law problems by using different kinds of legal tools, including case law, legislation and secondary resources.
  • LO3. Accurately and rapidly identify legal principles from complex and lengthy decisions of courts in New South Wales and other jurisdictions.
  • LO4. Understand and develop legal skills in statutory interpretation, acquired in the context of the interpretation and application of important provisions in the Real Property Act 1900 (NSW), Conveyancing Act 1919 (NSW), and other relevant legislation.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9
LO1         
LO2         
LO3         
LO4         

This section outlines changes made to this unit following staff and student reviews.

There have been several changes to this unit since the last time it was taught. Firstly, the assessment regime has been modified, removing the requirement for students to submit a research essay as well as case note on a randomly-allocated case. Students will now be required to sit an interim test, which assesses their understanding of the subject matter in Topic 1, and a two-hour final exam. Secondly, a new Topic 2 has been inserted. This new topic, entitled “Land Contracts”, will introduce to students important commercial themes in contracts for the sale of land (and other kinds of land contracts). Thirdly, the reading guide has been updated to include recent developments in case law and legislation.

Teacher consultation guidelines: The lecturer will not reply in relation to general information that is easily available elsewhere or provide feedback on 'draft answers'. With regards to correspondence with all academic staff, students should remember to sign their name and provide their student identification number, especially when sending emails. Please send all email correspondence via your University of Sydney mail account, otherwise your emails may be treated as spam or junk mail.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.