LPP115 Property


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Unit Outline: Flexible Period - 11A 2024, Online (Start Date: 09 Sep 2024)

Unit code:LPP115
Credit points:12
Assumed Knowledge:Completion of a Bachelor of Laws Degree
Anti-requisite:LPZ115
Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of the teaching period.

Overview

This unit provides you with opportunities to develop and demonstrate competence in the Property area of practice as described in the Australasian Professional Legal Education Council's (APLEC) and the Law Admissions Consultative Committee's LACC) standards for the pre-admission practical training of Australian legal practitioners. Those standards have been adopted in Queensland as part of the admission rules for the legal profession. In this unit you will act for the purchaser of a residential property and provide advice on a lease and mortgage and critical forms for those transactions.

Learning Outcomes

On successful completion of this unit you will be able to:

  1. Apply discipline knowledge, written communication skills and professional ethics in conducting a real property transaction (Course Learning Outcomes 1.1, 1.3, 2.3, 4.3, 4.4)
  2. Communicate your advice on the legal, revenue and other aspects of proposed property transactions in language appropriate to clients and other legal professionals, depending on the situation (CLOs 2.2, 3.1)
  3. Work with a peer to draft lease clauses (CLOs 2.1, 2.3, 3.5)
  4. Apply knowledge of the legal requirements and procedures for dealing with client money and for informing clients in respect to professional costs and outlays. (CLOs 1.1, 1.2, 1.4, 2.1, 2.2, 4.4
  5. Apply work management and risk management knowledge and skills in running a client matter (CLOs 1.2, 2.1, 4.4)

Content

  • Acting for a buyer in the purchase of real property including maintaining a client matter file and trust and general account records
  • Effecting securities over real property
  • Collaborating with another practitioner to settle the terms of a lease.

Learning Approaches

This unit engages you in your learning through a problem-based learning approach. The unit's content and its organisation are designed to facilitate your acquisition of relevant knowledge, skills and values in property law for professional admission.

The unit adopts a blended learning approach, which includes a fortnightly briefing or online briefing note and online problem-solving activities for you to work on supported by online resources and 'authentic' problem materials. In such scenario-based learning you are positioned in the role of the lawyer who is advising the client. You will also have face-to-face or online access to peers and lectures to support you when working with problem material.

Specifically, the assessment tasks guide you through the major steps in a transactional matter from providing an initial advice to a client up to settlement. The specific tasks you will do, guided by hints embedded in the assessment items, briefing notes and on-campus or recorded briefings, are advising on a contract, due diligence, transfer, settlement, creating mortgage and creating a lease.

Feedback on Learning and Assessment

Feedback in this unit is provided to you in the following ways:

  • You will find guidance for completing problems in the 'hints' for the task. Some hints provide formative feedback in that they anticipate questions and responses that you may have or make in completing the problem.
  • You can seek advice and assistance from staff during briefing sessions or online.
  • You will receive progressive feedback on work as it is submitted. Some of this feedback will be formative as it will assist you to prepare subsequent related items of work.
  • You may receive some generic comments back to the cohort via QUT Canvas.

Assessment

Overview

To pass this unit you must complete all assessment items to either a passing standard (for graded assessment items) or a satisfactory standard (for satisfactory/not satisfactory assessment items) in accordance with the relevant Criterion Referenced Assessment (CRA) rubric.
All assessment items are in the form of a practical task that a lawyer is likely to encounter in practice. The assessment items enable you to demonstrate competence in practice areas, skills and values relevant to professional admission. Assessment items will require you to synthesise and apply a range of knowledge, lawyering skills, values and thinking skills.

Some assessment items are assessed on a 'satisfactory/not satisfactory' scale. You must complete all those items to a satisfactory standard with reference to the relevant CRA rubric. If you do not complete an item to a satisfactory standard on your first attempt, you will be asked to do further work on the item to demonstrate you can complete the work to a satisfactory standard for professional admission purposes.
Some assessment items are assessed against criteria that will provide you with a mark for the assessment item. The marks that you receive on your first attempt for all assessment items will determine your overall grade for the unit. Marks will be awarded according to the relevant CRA rubric. If your attempt at such an assessment item (or any part thereof) is assessed at less than a grade of 4 on any criterion on the relevant CRA rubric, you may be asked to do further work on the item to demonstrate you can complete the work to a satisfactory standard for professional admission purposes.

Unit Grading Scheme

7- point scale

Assessment Tasks

Assessment: Portfolio

In this task you will apply your legal and procedural knowledge and your letter writing and drafting skills to completing a series of steps required in a complex property transaction for a client. The elements of this task are:

  • complete an optional online quiz on the REIQ contract.
  • answer questions relating to dealing with client money and costs disclosure (10%)
  • draft contract clauses (Satisfactory/Not Satisfactory)
  • Advise buyer on the contract (20%)
  • examine critically legal documents and search results relating to the transaction and provide advice to the client on their implications (10%)
  • transfer (10%)
  • settlement notice (Satisfactory/Not satisfactory)
  • settlement sheet (10%)
  • report to client (Satisfactory/Not satisfactory)
  • maintain a client matter file for the transaction (Satisfactory/Not Satisfactory)

This assignment is eligible for the 48-hour late submission period and assignment extensions.

Threshold Assessment:

You must complete all the tasks in this portfolio to a satisfactory standard to demonstrate competence in these tasks as described in the Law Admissions Consultative Committee's (LACC) standards for the pre-admission practical training of Australian legal practitioners. 

Weight: 60
Individual/Group: Individual
Due (indicative): TBA
Related Unit learning outcomes: 1, 2, 3, 4, 5

Assessment: Problem Solving Task

In this task you will draft a mortgage and advise on mortgage convenants. The elements of the task are:

  • advice on covenants (Satisfactory/Not satisfactory)
  • draft mortgage (20%)

This assignment is eligible for the 48-hour late submission period and assignment extensions.

Threshold Assessment:

You must complete this assessment item to a satisfactory standard to demonstrate competence in these tasks as described in the Law Admissions Consultative Committee's (LACC) standards for the pre-admission practical training of Australian legal practitioners.

Weight: 20
Individual/Group: Individual
Due (indicative): TBA
Related Unit learning outcomes: 1, 2

Assessment: Problem Solving Task

In this task you will draft clauses for a lease and advise a client. The task will require you to consider creative ways of effecting the carrying out of client instructions relating to legally complex subject matter. The task will require you to work effectively with one of your peers. The elements of task are:

  • advice (individual)
  • draft lease with a peer ( group)
  • online quiz (individual)

This assignment is eligible for the 48-hour late submission period and assignment extensions.

Threshold Assessment:

You must complete this assessment item to a satisfactory standard to demonstrate competence in these tasks as described in the Law Admissions Consultative Committee's (LACC) standards for the pre-admission practical training of Australian legal practitioners.

Weight: 20
Individual/Group: Individual and group
Due (indicative): TBA
Related Unit learning outcomes: 1, 2, 3

Academic Integrity

Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.

Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.

You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.

Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.

Resources

All the resources that you will need to complete this unit will be provided to you online via QUT Canvas or will be available in the QUT Library.

Risk Assessment Statement

There are no unusual risks associated with this unit.

Course Learning Outcomes

This unit is designed to support your development of the following course/study area learning outcomes.

LP41 Graduate Diploma in Legal Practice

  1. Identify and apply relevant legal principles in the areas of practice that are required for admission to the Australian legal profession
    Relates to: ULO1, ULO4, Portfolio, Problem Solving Task, Problem Solving Task
  2. Apply the rules of practice and procedure in the areas of practice required for admission
    Relates to: ULO4, ULO5, Portfolio
  3. Apply conceptual models for the effective application of legal skills
    Relates to: ULO1, Portfolio, Problem Solving Task, Problem Solving Task
  4. Apply principles and practices relating to solicitors' trust accounting
    Relates to: ULO4, Portfolio
  5. Analyse client problems to identify relevant legal, factual and contextual issues
    Relates to: ULO3, ULO4, ULO5, Portfolio, Problem Solving Task, Problem Solving Task
  6. Apply legal research skills to identify the relevant legal principles and arguments
    Relates to: ULO2, ULO4, Portfolio, Problem Solving Task
  7. Use critical and creative thinking to identify and evaluate possible solutions to practical legal problems
    Relates to: ULO1, ULO3, Portfolio, Problem Solving Task, Problem Solving Task
  8. Communicate complex legal concepts to clients and fellow practitioners in written and oral modes
    Relates to: ULO2, Portfolio, Problem Solving Task, Problem Solving Task
  9. Collaborate with other professionals and take responsibility for team functions and outputs
    Relates to: ULO3, Problem Solving Task
  10. Demonstrate ethical practice, professional responsibility and identify opportunities for pro bono service
    Relates to: ULO1, Portfolio, Problem Solving Task, Problem Solving Task
  11. Manage client work in a professional manner including risk management
    Relates to: ULO1, ULO4, ULO5, Portfolio, Problem Solving Task, Problem Solving Task