School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

Your unit may be subject to government or third party COVID-19 vaccination requirements. Please consider this before enrolling in this unit, and speak with the unit coordinator if this raises any concerns.

  • Unit Title

    Commercial Practice, Conveyancing and Drafting
  • Unit Code

    LAW4620
  • Year

    2022
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr Martin Alan ALLCOCK

Description

In this unit, students will study the practical aspects of commercial practice, conveyancing and drafting, with the major focus being on documentary transactions. The unit focuses on practical and drafting exercises to build on and extend students' understanding of plain English writing as a foundation for legal writing and drafting. Commercial transactions are considered from a practical perspective, with precedent contracts in a range of commercial transactions being examined and altered where appropriate. Other practical aspects of commercial transactions are also examined, including the taking of client instructions, stamping, settlement and registration. Lawyers' professional obligations will also be examined in the context of the completion of documentary transactions.

Prerequisite Rule

Students must pass 1 units from LAW3107

Equivalent Rule

Unit was previously coded LAW4605

Learning Outcomes

On completion of this unit students should be able to:

  1. Deconstruct legal precedents in each of the main subject areas covered, analysing their structure, content, and legal effect.
  2. Demonstrate an understanding of the principles of legal drafting, including the rules of plain English drafting.
  3. Identify and analyse the commercial interests of each of the interested parties in a range of commercial transactions.
  4. Integrate an understanding of the clients commercial interests, and the legal effect of each precedent, with the principles of legal drafting, in order to draft effective legal documents.
  5. Relate the commercial interests of each of the interested parties in a commercial transaction to the provisions of relevant legal precedents.

Unit Content

  1. Practical aspects of documentary transactions concerning: a. the sale and purchase of land and settlement; b. conveyancing in the family court; c. partnerships; d. companies; e. trusts; f. leases and licences; g. securities and mortgages; h. guarantees and indemnities; i. the sale and purchase of businesses; j. resources; k. planning laws; l. wills, deceased estates and probate; m. duty aspects relating to the above transactions; and n. ethical and professional obligations.
  2. Plain English drafting
  3. Writing letters to lawyers and clients.

Learning Experience

Students will engage in learning experiences via ECU’s LMS as well as additional ECU learning technologies

Additional Learning Experience Information

This unit will be offered on campus and off campus. Lectures contain the substantive content of the unit, with a different type of commercial transaction being analysed, and precedent contract being deconstructed, each week. Tutorials provide the students with the opportunity to critically appraise legal documents in light of varying factual situations, using active learning methods, such as role-playing, debate, and case studies. This allows students to develop their practical legal skills and communication skills. Off-campus students can access lecture recordings at their own convenience, and interactive online tutorials are generally held after business hours. Students can also choose whether to attend online tutorials, or whether to participate in tutorials via the LMS discussion board. This ensures the unit is flexible and learner-centered, and also provides an inclusive environment for students. Regular online access is required.

Assessment

GS2 GRADING SCHEMA 2 Used for Undifferentiated Pass/Fail units inc. practical units or work-integrated learning

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant School Progression Panel.

ON CAMPUS
TypeDescription
Journal ^Tutorial Workbook
Assignment ^Assignment
ExaminationFINAL EXAMINATION
ONLINE
TypeDescription
ExaminationFINAL EXAMINATION
Journal ^Tutorial Workbook
Assignment ^Assignment

^ Mandatory to Pass


Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

LAW4620|1|1

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

Your unit may be subject to government or third party COVID-19 vaccination requirements. Please consider this before enrolling in this unit, and speak with the unit coordinator if this raises any concerns.

  • Unit Title

    Commercial Practice, Conveyancing and Drafting
  • Unit Code

    LAW4620
  • Year

    2022
  • Enrolment Period

    2
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr Martin Alan ALLCOCK

Description

In this unit, students will study the practical aspects of commercial practice, conveyancing and drafting, with the major focus being on documentary transactions. The unit focuses on practical and drafting exercises to build on and extend students' understanding of plain English writing as a foundation for legal writing and drafting. Commercial transactions are considered from a practical perspective, with precedent contracts in a range of commercial transactions being examined and altered where appropriate. Other practical aspects of commercial transactions are also examined, including the taking of client instructions, stamping, settlement and registration. Lawyers' professional obligations will also be examined in the context of the completion of documentary transactions.

Prerequisite Rule

Students must pass 1 units from LAW3107

Equivalent Rule

Unit was previously coded LAW4605

Learning Outcomes

On completion of this unit students should be able to:

  1. Deconstruct legal precedents in each of the main subject areas covered, analysing their structure, content, and legal effect.
  2. Demonstrate an understanding of the principles of legal drafting, including the rules of plain English drafting.
  3. Identify and analyse the commercial interests of each of the interested parties in a range of commercial transactions.
  4. Integrate an understanding of the clients commercial interests, and the legal effect of each precedent, with the principles of legal drafting, in order to draft effective legal documents.
  5. Relate the commercial interests of each of the interested parties in a commercial transaction to the provisions of relevant legal precedents.

Unit Content

  1. Practical aspects of documentary transactions concerning: a. the sale and purchase of land and settlement; b. conveyancing in the family court; c. partnerships; d. companies; e. trusts; f. leases and licences; g. securities and mortgages; h. guarantees and indemnities; i. the sale and purchase of businesses; j. resources; k. planning laws; l. wills, deceased estates and probate; m. duty aspects relating to the above transactions; and n. ethical and professional obligations.
  2. Plain English drafting
  3. Writing letters to lawyers and clients.

Learning Experience

Students will engage in learning experiences via ECU’s LMS as well as additional ECU learning technologies

Additional Learning Experience Information

This unit will be offered on campus and off campus. Lectures contain the substantive content of the unit, with a different type of commercial transaction being analysed, and precedent contract being deconstructed, each week. Tutorials provide the students with the opportunity to critically appraise legal documents in light of varying factual situations, using active learning methods, such as role-playing, debate, and case studies. This allows students to develop their practical legal skills and communication skills. Off-campus students can access lecture recordings at their own convenience, and interactive online tutorials are generally held after business hours. Students can also choose whether to attend online tutorials, or whether to participate in tutorials via the LMS discussion board. This ensures the unit is flexible and learner-centered, and also provides an inclusive environment for students. Regular online access is required.

Assessment

GS2 GRADING SCHEMA 2 Used for Undifferentiated Pass/Fail units inc. practical units or work-integrated learning

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant School Progression Panel.

ON CAMPUS
TypeDescription
Journal ^Tutorial Workbook
Assignment ^Assignment
ExaminationFINAL EXAMINATION
ONLINE
TypeDescription
ExaminationFINAL EXAMINATION
Journal ^Tutorial Workbook
Assignment ^Assignment

^ Mandatory to Pass


Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

LAW4620|1|2