Overview
This unit examines in greater depth the sale and purchase of an interest in land in Queensland. You will be exposed to the contractual provisions for the sale of an interest in land. You will need to identify those involved in the sale of an interest in land so as to gain not only an understanding of their contractual obligations, but also other obligations arising from the common law and legislation. This unit will examine the enforceability of contracts for the sale of an interest in land in Queensland. There will be an emphasis on the significant and evolving role of technology in land contracts and through electronic conveyancing.
Details
Pre-requisites or Co-requisites
Pre-requisite 24 credit points of law and co-requisite LAWS12066.
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 2 - 2024
Attendance Requirements
All on-campus students are expected to attend scheduled classes - in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of 'pass' in order to pass the unit. If any 'pass/fail' tasks are shown in the table above they must also be completed successfully ('pass' grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the 'assessment task' section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University's Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure - Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure - International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback - Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from SUTE
Two students requested that the first assessment be made more 'real life' rather than a Proctor article.
Upon updating of this unit, reconsider the format of the first assessment dealing with ethics.
Feedback from SUTE
Two students requested copies of the Prezi slides.
Upon updating of this unit, and in any event when the videos are redeveloped, consider making the slides available for download.
- Analyse the process of sale for various types of interests in land.
- Evaluate the enforceability of contracts for various types of interest in land.
- Identify the parties involved in the sale of an interest in land and analyse their compliance with their obligations (common law and legislative) in a sale or purchase.
Alignment of Assessment Tasks to Learning Outcomes
Assessment Tasks | Learning Outcomes | ||
---|---|---|---|
1 | 2 | 3 | |
1 - Online Quiz(zes) - 10% | |||
2 - Presentation and Written Assessment - 40% | |||
3 - Written Assessment - 50% |
Alignment of Graduate Attributes to Learning Outcomes
Graduate Attributes | Learning Outcomes | ||
---|---|---|---|
1 | 2 | 3 | |
1 - Communication | |||
2 - Problem Solving | |||
3 - Critical Thinking | |||
4 - Information Literacy | |||
5 - Team Work | |||
6 - Information Technology Competence | |||
7 - Cross Cultural Competence | |||
8 - Ethical practice | |||
9 - Social Innovation | |||
10 - Aboriginal and Torres Strait Islander Cultures |
Textbooks
There are no required textbooks.
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Zoom Conferencing (Webcam and Microphone)
- Online Referencing Website, Australian Guide to Legal Citation (4th edition), for all assignments
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
a.m.george@cqu.edu.au
Module/Topic
Introduction to Land Contracts and Conveyancing
Chapter
There is no textbook for this unit. Your reading comprises the study guides on Moodle and the resources linked throughout the study guides.
If you wish to read further, see: SA Christiansen, WM Dixon, WD Duncan and SE Jones, Land Contracts in Queensland, The Federation Press, Leichardt (4th ed, 2016) (“LCQ”). This is an excellent textbook but too outdated for the purposes of this unit.
Further resources: CCH Intelliconnect, Queensland Conveyancing Law Commentary, available online at CQU Library/Lexis Advance database here (use your CQU library login details).
Events and Submissions/Topic
Prepare for and attend week 1 tutorial or watch tutorial video.
Organise into groups for the mid-term assessment by week 2!
Module/Topic
Real Estate Agent
Chapter
See Moodle notes.
Events and Submissions/Topic
Prepare for and attend week 2 tutorial or watch tutorial video.
Organise into groups for the mid-term assessment by the end of this week!
Module/Topic
Seller Disclosure Before Contract - Houses and Land
Chapter
See Moodle notes.
Events and Submissions/Topic
Prepare for and attend week 3 tutorial or watch tutorial video.
Revise for quiz next week!
Module/Topic
Seller Disclosure Before Contract - Body Corporate and Commercial Contracts
Chapter
See Moodle notes.
Events and Submissions/Topic
Prepare for and attend week 4 tutorial or watch tutorial video.
Submit your quiz answers this week!
Then, start working on your mid-term assessment. Preliminary group meetings, etc.
Quiz Due: Week 4 Friday (2 Aug 2024) 11:45 pm AEST
Module/Topic
Formation of Contracts
Chapter
See Moodle notes.
Events and Submissions/Topic
Prepare for and attend week 5 tutorial or watch tutorial video.
Continue working on your mid-term assessment.
Module/Topic
Vacation week.
Chapter
Vacation week.
Events and Submissions/Topic
Vacation week.
Continue working on your mid-term assessment.
Module/Topic
Formation of Contract-2
Chapter
See Moodle notes.
Events and Submissions/Topic
Prepare for and attend week 6 tutorial or watch tutorial video.
Continue working on your mid-term assessment. Due MONDAY next week!
Module/Topic
Subject Matter of Sale
Chapter
See Moodle notes.
Events and Submissions/Topic
Prepare for and attend week 7 tutorial or watch tutorial video.
Mid-term assessment due MONDAY this week!
Presentation, written assessment (advice + reflection) Due: Week 7 Monday (26 Aug 2024) 11:45 pm AEST
Module/Topic
Contract to Completion
Chapter
See Moodle notes.
Events and Submissions/Topic
Prepare for and attend week 8 tutorial or watch tutorial video.
Module/Topic
Special Conditions
Chapter
See Moodle notes.
Events and Submissions/Topic
Prepare for and attend week 9 tutorial or watch tutorial video.
Module/Topic
Remedies
Chapter
See Moodle notes.
Events and Submissions/Topic
Prepare for and attend week 10 tutorial or watch tutorial video.
Start working on final take home paper.
Module/Topic
Review
Chapter
Review study guides.
Events and Submissions/Topic
Continue working on final take home paper.
Module/Topic
Review
Chapter
Review study guides.
Events and Submissions/Topic
Submit final take home paper!
TAKE HOME PAPER Due: Week 12 Thursday (3 Oct 2024) 11:45 pm AEST
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Online Quiz(zes)
The quiz is designed to give students an early opportunity to assess their progress in this subject. The quiz will consist of twenty questions worth half a mark each (TOTAL 10 marks/10%).
1
Other
Week 4 Friday (2 Aug 2024) 11:45 pm AEST
Complete and submit online via link on Moodle.
After closure of the quiz.
The criteria for these quizzes are primarily knowledge-based, emphasising the student's ability to understand key concepts and identify the appropriate information to answer key questions.
- Analyse the process of sale for various types of interests in land.
- Evaluate the enforceability of contracts for various types of interest in land.
2 Presentation and Written Assessment
The 40% assessment requires a detailed memorandum of advice, a presentation on same, and a reflection on your learning in the assessment item.
The presentation (15%) and written advice (15%) will involve group work. The reflective piece (10%) will be individual written work.
The assessment will require submission of:
- A written memorandum of advice to the supervising partner at your law firm, which includes each student’s part of the assessment as described below; and
- A zoom recording link (included in the written advice document) whereby the group orally present their advices to the client, in no more than 18 minutes, in a format that is easy to understand for the client and demonstrates the student’s understanding of the topic; and
- A written reflection (no more than 1000 words) describing your learning journey as outlined below.
***Students will need to self-nominate into groups of three by the end of week 2 to allow sufficient time for the group to complete the task and submit by Monday of week 7.
Written advice (15%), 2000 words max
The memorandum of advice to your supervising partner should answer the questions asked in the scenario, and be supported with sound legal argument including reference to relevant legal authority/statutes/case law, as well as secondary material such as practitioners’ conduct rules, academic commentary, the standard REIQ contracts for sale and purchase of land in Queensland as appropriate, and the law governing appointment of agents. The assessment could potentially require advice in relation to drafting terms of a land contract and/or consideration of a property law transaction and/or the implications of electronic conveyancing in Queensland. One of the key foundations of this unit is a professional standard of writing. You are writing for a professional, informed audience (the supervising partner at your firm).
I require each participant in the group to upload a copy of their group's written assessment through the Moodle course website. Submit your entire answer in a single Word document. PDFs do not allow a Turnitin assessment, which must occur for all submissions. Do not submit in multiple parts. Indicate on the assessment which student is responsible for which section of the memorandum of advice.
The link to the video presentation must be included in your written memorandum of advice.
Presentation (15%), 18 mins max
The group work will require the group to present to their client in no more than 18 mins (approx 6 mins per student), to explain their advice to the client:
• The Zoom recording must be uploaded to YouTube or Google drive and a link to the video must be provided within the written advice that is submitted by each group member.
• Each student must keep their webcam on for the entire duration of the presentation that is recorded.
• All students must announce their names at the commencement of the recording.
• There is no prescribed template for this assignment and its final form will reflect your own individual and evolving approach to law and legal problems. I will assess you on your ability to communicate professionally and effectively.
Reflective piece, 1000 words max
The written reflection will be an individual piece of assessment. You will reflect on your learning journey with both the substantive legal content in the unit as relevant to the assessment, and also the 'soft' transportable skills such as dynamics of groupwork, cohesion and leadership, collaboration, and outcomes.
Notes
Further information about the written assessment and presentation will be made available on Moodle.
You are expected to submit your assessment by the due date.
Late submissions will incur a late penalty consistent with University policy of 5% per day or part thereof unless an extension is granted.
You must upload your assessment through the LAWS12059 Moodle unit assessment portal. Detailed instructions will be provided.
Please submit your entire written responses as Word documents NOT pdfs.
All referencing must be AGLC 4th ed compliant.
You will receive feedback on your assessment.
You are directed to information on the LAWS12059 Moodle unit website regarding plagiarism.
Week 7 Monday (26 Aug 2024) 11:45 pm AEST
Instructions on Moodle. Submit on Moodle.
Return two weeks from due date.
Students do NOT have to adhere to the formal IRAC structure for their written memorandum of advice. I am more than happy for you to dispense with a "rules section" and simply identify the issue(s) and then commence your discussion of rules/application/analysis. I will be looking for the following:
- Analyse the process of sale for various types of interests in land.
- Evaluate the enforceability of contracts for various types of interest in land.
- Identify the parties involved in the sale of an interest in land and analyse their compliance with their obligations (common law and legislative) in a sale or purchase.
3 Written Assessment
The last assessment in LAWS12059 Conveyancing is a Take-home paper and is worth 50% of your final grade.
The paper will be released in week 10 following the conclusion of the substantive topics for the unit. It will be due in week 12. More detailed instructions regarding the Take home paper will be uploaded to the LAWS12059 unit Moodle site.
Please be sure to note the following for this unit's take-home paper:
Submissions after the deadline has passed will not be accepted.
Failure to submit by the deadline will result in a mark of zero for this assessment as the paper will not be marked.
Extensions of time are not available for this take-home paper.
Exam conditions apply to all take-home papers.
Week 12 Thursday (3 Oct 2024) 11:45 pm AEST
Instructions on Moodle. Submit on Moodle.
Return two weeks from due date.
Further instructions for the take home paper will be released on Moodle closer to the time.
You will be assessed on your ability to demonstrate thinking and writing skills, to comprehend the material, to process the material and to provide a critical analysis and logical discussion of the law. Students are required to communicate an answer clearly, logically and in a concise manner. You will be expected to present your paper in a professional manner. Please use proper referencing, paginate your paper and use correct spelling, grammar and punctuation as per criteria for assessment 2.
As per assessment 2, I will be looking for the following:
- Analyse the process of sale for various types of interests in land.
- Evaluate the enforceability of contracts for various types of interest in land.
- Identify the parties involved in the sale of an interest in land and analyse their compliance with their obligations (common law and legislative) in a sale or purchase.
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.