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LAW2500 Commercial Property Law

Semester 1, 2022 Online
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Grading basis : Graded
Course fee schedule : /current-students/administration/fees/fee-schedules

Staffing

Examiner: Rami Olwan

Requisites

Pre-requisite: LAW1500. Students enrolled in one of the following Programs: BLAW or BABL or BALW or BBBL or BBLA or BCLW or BCLA or BCBL or LLBP or DJUR are not eligible for enrolment.

Overview

An understanding of commercial property law represents a specialisation relevant to senior management in the corporate world, particularly those involved in property management and investment. It focuses on one element of commercial law - commercial property law, and is designed to address requirements of professional associations relating to property law. This includes understanding rules of ownership and securitization of property, including intellectual property. It also contains topics on trusts and how they are used to hold property including superannuation funds, and insurance law. Trusts are used frequently in commercial environments to hold property and as an investment vehicle, whilst insurance is a necessary part of property management.

The material covered in this course builds on foundations established in LAW1500 Introduction to Business and Company Law. The course provides an introduction to the law of commercial property, including real and personal property law; intellectual property; securitisation of property interests; trusts and how they hold property including superannuation structures, and insurance law. This includes material on the Torrens System of land title; mortgages and priorities between different lenders; strata and community title and leases. Intellectual property covers copyright; patents and industrial design, trademarks and passing off.

Course learning outcomes

On successful completion of this course students should be able to:

  1. Apply to factual scenarios, the law of real property, personal property, intellectual property, property securitisation, the use of trusts to hold property, and insurance in protecting property (relevant law).
  2. Develop proficiency in legal problem solving, demonstrating academic, professional literacy and key critical thinking skills.
  3. Describe and apply relevant law in business scenarios to address the needs of business and commercial activity generally.
  4. Explain, interpret, illustrate and assess relevant law and demonstrate ability to apply it to a standard required by professional organisations.
  5. Demonstrate ethical research and written communication skills by engaging in legal research and writing.

Topics

Description Weighting(%)
1. Introduction to the nature of property. 10.00
2. Real property – Torrens Title system, strata and community title, and leases. 10.00
3. Securitisation of real property – Mortgages and priorities between lenders. 10.00
4. Personal property. 10.00
5. Securitisation of personal property and use of Personal Property Securities Register. 10.00
6. Introduction to trusts, including trading and discretionary trusts. 10.00
7. Superannuation (1). 5.00
8. Superannuation (2). 5.00
9. Intellectual property (1) – Introduction to intellectual property law and copyright. 10.00
10. Intellectual property (2) – Patents and industrial design. 5.00
11. Intellectual property (3) – Trademarks and passing off. 5.00
12. Insurance law. 10.00

Text and materials required to be purchased or accessed

Jones, S 2021, Australian Superannuation Handbook 2021-2022, Thomson Reuters.
(or latest edition.)
Turner, C, & Trone J 2020, Australian Commercial Law, 33rd edn, Thomson Reuters.
(or latest edition.)

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Description Weighting (%)
ONLINE TEST 1 15
ASSIGNMENT 30
ONLINE TEST 2 15
ONLINE EXAMINATION 40
Date printed 10 February 2023