Legal Practice 2 - Part A

Course code LAWS4055A
Available in 2015
2015 Course Timetables

Description

Builds upon the course Legal Practice 1, focusing on the more advanced aspects of litigation and legal transactions. It gives emphasis to professional responsibility and relevant ethical behaviour. The course is made up of a number of components and modules which cover a variety of areas of legal practice where communication, research, advocacy and legal transaction skills are utilised. Students undertake simulation and drafting exercises and attend legal office placements in litigation and legal transactions.

Availability

Newcastle City Precinct

  • Semester 1 - 2015

Learning Outcomes

1. Explain the key provisions in 2005 Contract for Sale of Land and the proposed new Contract for Sale of Land (due to be introduced in 2014) and the regulatory compliance requirements when preparing a contract for the vendor.

2. Explain the basic steps in the conveyancing process for the purchase and sale of a residential property, a strata unit and a rural property.

3. Identify the applicable title system applying to the transaction

4. Prepare a checklist for interviewing vendor and purchaser client.

5. Identify the relevant searches and enquiries to be undertaken for a purchaser

6. Provide an advice to the purchaser on a basic purchase contract identifying common issues including land use issues and where further enquiry and or instructions are needed.

7. Prepare a transfer in registrable form and identify the requirements for execution, stamping and registration

8. Prepare an advice on loan documents for a borrower and or guarantor in accordance with Rule 45 of the Solicitors Rules (1995).

9. Draft an effective instrument to create and release a security and identify the requirements for execution, stamping and registration.

10. Identify the relevant searches and enquiries to be made to protect the respective interests of the lending and borrowing parties

11. Explain the key features of the legislative framework for commercial, retail and residential leases.

12. Use a checklist to take instructions from a lessor client and prepare a lease in registrable form using the Law Society precedent lease and identify the requirements for execution, stamping and registration.

13. Use a checklist to take instructions from a lessee client and to identify common problems including land use issues.

14. Draft a lease special condition which reflects the lessee┬┐s agreement with the lessor and protects their interests.

15. Identify revenue and tax implications in property transactions

Content

This course builds upon the course LAWS4054A & LAWS4054B, Legal Practice 1, focussing on more advanced aspects of litigation and legal transactions. It gives emphasis to professional responsibility and relevant ethical behaviour.

The course further develops awareness and refines the skills that lawyers need when conducting litigious matters.

The course is made up of components and modules which cover a variety of areas where advocacy and legal transaction skills are utilised. These include Property Law Practice, Family Law Practice and Criminal Law Practice.

Students undertake simulation exercises and attend legal office placements in litigation and legal transactions.

The course examines alternatives to litigation and gives students the opportunity to practice alternate dispute resolution skills. The course also examines, oral and written communication skills, legal letter writing, document drafting, interviewing, research, non-litigious negotiation and settlement skills.

Requisites

This course is only available to students enrolled in the Bachelor of Laws / Diploma of Legal Practice program.

Assumed Knowledge

LAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A, LAWS2003B, LAWS3004A, LAWS3004B, LAWS3005, LAWS4054A, LAWS4054B

Assessment Items

Professional Task: Professional Placement tasks

Professional Task: Mandatory attendance at all practicums and legal advice clinics

Professional Task: Problem-based assessment tasks

Professional Task: Practical Exercises

Portfolio: Portfolio

Journal: Reflective Journal

Compulsory Requirements

In order to pass this course, each student must complete ALL of the following compulsory requirements:

General Course Requirements:

  • Seminar: Attendance Requirement - Students must attend a minimum number of these sessions. - Attendance at all sessions is compulsory

Contact Hours

Seminar

Face to Face On Campus 4 hour(s) per Week for 2 Weeks

This does not include legal placement hours.