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The current and official versions of the course specifications are available on the web at https://www.usq.edu.au/course/specification/current.
Please consult the web for updates that may occur during the year.

LAW2500 Commercial Property Law

Semester 1, 2021 Online
Short Description: Commercial Property Law
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 4
ASCED code : 090901 - Business and Commercial Law
Grading basis : Graded

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.

Other requisites

Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.

Rationale

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.

Synopsis

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.

Objectives

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

ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2021&sem=01&subject1=LAW2500)

Please contact us for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)

There are no texts or materials required for this course.

Reference materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
Bradbrook, A, Moore, A, MacCallum, S & Grattan, S 2016, Australian real property law, Thomson.
Chambers, R 2018, An introduction to Property Law in Australia, 4th edn, Thomson Reuters.
Davidson M J 2015, Australian Intellectual Property Law, Cambridge.
Dixon, B, (ed) 2019, Commercial and Personal Property Law: Selected Issues, 3rd edn, Thomson Reuters.
Eliades, D 2015, Introduction to Intellectual Property, Law Book Co.
Esmaili and Grigg 2016, The Boundaries of Australian Property Law, Cambridge.
Sackville & Neave 2016, Australian Property Law, 10th edn, LexisNexis, Chatswood, New South Wales.
Stewart et. al 2018, Intellectual Property Law in Australia, 6th edn, LexisNexis Butterworths, Chatswood, New South Wales.
Vermeesch, R. B., Lindgren, K. E 2005, Business Law of Australia, 11th edn, LexisNexis/​ Butterworths, Chatswood, New South Wales.
Wallace, A 2014, Real Property Law in Queensland, 4th edn, Thomson Reuters.

Student workload expectations

Activity Hours
Assessments 20.00
Directed Study 39.00
Private Study 106.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
Online Test 1 15 15 19 Mar 2021
Assignment 30 30 16 Apr 2021
Online Test 2 15 15 27 May 2021
Open Exam - Online 40 40 End S1 (see note 1)

Notes
  1. This will be an online exam. Students will be provided further instruction regarding the exam by their course examiner via StudyDesk. The examination date will be available via UConnect when the Alternate Assessment Schedule has been released.

Important assessment information

  1. Attendance requirements:
    ONL Attendance Requirements:
    There are no attendance requirements for this course. However, it is the students’ responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

  2. Requirements for students to complete each assessment item satisfactorily:
    Due to COVID-19 the requirements for S1 2021 are: To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks for that item.

    Requirements after S1, 2021:
    To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks for that item. Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.

  3. Penalties for late submission of required work:
    Students should refer to the Assessment Procedure http://policy.usq.edu.au/documents.php?id=14749PL (point 4.2.4)

  4. Requirements for student to be awarded a passing grade in the course:
    Due to COVID-19 the requirements for S1 2021 are: To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.

    Requirements after S1, 2021:
    To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course. Supplementary assessment may be offered where a student has undertaken all of the required summative assessment items and has passed the Primary Hurdle but failed to satisfy the Secondary Hurdle (Supervised), or has satisfied the Secondary Hurdle (Supervised) but failed to achieve a passing Final Grade by 5% or less of the total weighted Marks.

    To be awarded a passing grade for a supplementary assessment item (if applicable), a student must achieve at least 50% of the available marks for the supplementary assessment item as per the Assessment Procedure http://policy.usq.edu.au/documents/14749PL (point 4.4.2).

  5. Method used to combine assessment results to attain final grade:
    The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative items for the course.

  6. Examination information:
    Due to COVID-19 the requirements for S1 2021 are: An Open Examination is one in which candidates may have access to any printed or written material and a calculator during the examination.

    Requirements after S1, 2021:
    OPEN: An open examination is one in which candidates may have access to any printed or written material and a calculator during the examination.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Normally Deferred and Supplementary Examinations are held in the next Examination period. In S1 2021 selected courses will pilot an early Deferred and Supplementary Examination period held within 30 business days of results release. The list of courses involved can be found at https://cmsauth.usq.edu.au/current-students/academic/exams/supplementary-and-deferred-assessment.

  8. University Student Policies:
    Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au.

Assessment notes

  1. Referencing in assignments:
    In this course students may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC). Students should consistently use one of these systems in their assignments to format details of the information sources they have cited in their work. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing, or contact the Law librarian.

Date printed 18 June 2021