Outline

Overview

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; commercial land contracts, mortgages (with special attention on the rights and remedies of the mortgagor and mortgagee); options and only if significant time permits strata and community titles. Students who wish to practise in the area of property law are encouraged 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 problem-solving skills of students. 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 ?	LAWS5012
Corequisites ?	None
Prohibitions ?	LAWS3417
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
Assignment	Short-release problem question assignment Two problem questions examining Topics 2-5, released at 9am on 3 November.	60%	STUVAC Due date: 07 Nov 2022 at 09:00 Closing date: 14 Nov 2022	3,000 words/4 days (96 hours)
Outcomes assessed:
In-semester test (On-campus supervised)	In-semester test RE students proctored online. CC students BringYourOwnLaptop test on campus	40%	Week 06 Due date: 05 Sep 2022 at 11:00	1 hour
Outcomes assessed:
= hurdle task ?

Assessment summary

In-semester test (weighted 40% of final grade)

This 1-hour in-semester invigilated online test (with 30 minutes’ reading time) will comprise a hypothetical problem question which will address students’ understanding and application of the case law and legislation in Topic 1. The test will be held at 11:00am and concludes at 12:29:59pm on Monday 5 September 2022. All students enrolled in CC delivery mode will be assessed in a Bring Your Own Laptop (BYOL) test taken on campus with supervision. All students enrolled in RE delivery mode will be assessed online with ProctorU. Both modes of assessment will take place simultaneously under equivalent test conditions. Further information about the delivery of the tests will be provided closer to the test date. The outcome of a successful application for Special Consideration for the in-semester test will be a replacement test.

Short-release problem question assignment (weighted 60% of final grade)

Students will have 4 days (or 96 hours) to complete this 3,000 word (excluding references and citations) short-release problem question assignment, which will be released at 9:00am on 3 November 2022 and will be due at 8:59:59am on 7 November 2022. 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.

The outcome of a successful application for Special Consideration submitted before the closing date for the final assessment will be an extension of time to complete the assignment, up until the closing date. Should a longer extension of time be required or should the application for Special Consideration be submitted after the closing date, then the outcome will be at the discretion of the unit convenor.

IMPORTANT NOTE: A student must make a genuine 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.

Note: The lecturer might request for the submission of your pre-submitted draft versions of the assignments. Please retain the draft documents on file.

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 the final problem question assignment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. For example, a submission at 2:00pm or 11:00pm on the due date for submission will attract a 10% penalty. A submission after midnight of the due date for submission will attract a 20% penalty, and so on. An in-semester test that is submitted after the deadline will not be accepted.

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.

Learning support

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.

Weekly schedule

WK	Topic	Learning activity
Week 01	Seminar 1 - Possessory Title ("Introduction" to "Limitation Periods")	Seminar (2 hr)
Week 01	Seminar 2 - Possessory Title ("Limitation Periods" to "Adverse Possession")	Seminar (2 hr)
Week 02	Seminar 3 - Possessory Title ("Adverse Possession under Torrens Title" and Problem Question)	Seminar (2 hr)
Week 02	Seminar 4 - Land Contracts ("Formation of Land Contracts" to "Construction, Terms and Performance")	Seminar (2 hr)
Week 03	Seminar 5 - Land Contracts ("Select Statutory Regimes")	Seminar (2 hr)
Week 03	Seminar 6 - Land Contracts ("Breach, Damages and Equitable Relief")	Seminar (2 hr)
Week 04	Seminar 7 - Leases ("Covenants implied by the general law and some statutory provisions and modifications")	Seminar (2 hr)
Week 04	Seminar 8 - Leases ("Covenants implied by the general law and some statutory provisions and modifications")	Seminar (2 hr)
Week 05	Seminar 9 - Leases ("Covenants implied by statute: rent, repair, right of entry")	Seminar (2 hr)
Week 05	Seminar 10 - Leases ("Covenants implied by statute: rent, repair, right of entry")	Seminar (2 hr)
Week 07	Seminar 11 - Leases ("Assignments and Subleases")	Seminar (2 hr)
Week 07	Seminar 12 - Leases ("Remedies of landlords" to "Relief against Forfeiture")	Seminar (2 hr)
Week 08	Seminar 13 - Mortgages ("A review of the nature of mortgages" to "Statutory provisions in regard to the creation of the mortgage and content")	Seminar (2 hr)
Week 08	Seminar 14 - Mortgages ("Rights of the mortgagor")	Seminar (2 hr)
Week 10	Seminar 15 - Mortgages ("Rights of the mortgagor")	Seminar (2 hr)
Week 10	Seminar 16 - Mortgages ("Rights and remedies of the mortgagee")	Seminar (2 hr)
Week 11	Seminar 17 - Mortgages ("Rights and remedies of the mortgagee")	Seminar (2 hr)
Week 11	Seminar 18 - Mortgages ("Rights and remedies of the mortgagee" - Subrogation, Contribution and Marshalling)	Seminar (2 hr)
Week 12	Seminar 19 - Options	Seminar (2 hr)
Week 12	Seminar 20 - Examination Preparation	Seminar (2 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of live 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 in person and/or online attendance as per the delivery mode of the unit. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.
Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376
Word count penalty: Unless the assessment instructions state otherwise, a piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

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

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. Demonstrate an understanding of 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. Resolve commercial land law disputes 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. Demonstrate an understanding of and ability to apply 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
Learning outcomes

Responding to student feedback

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

Some recent decisions have been added to the reading guide for this unit of study.

Additional information

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.

Resources - Sydney Law Students

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.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS5117: Commercial Land Law

Semester 2, 2022 [Normal day] - Remote

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect