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LAWS2012/LAWS5008

INTRODUCTION TO PROPERTY AND COMMERCIAL LAW Semester One, 2020

Detailed Unit of Study Information

THE UNIVERSITY OF SYDNEY LAW SCHOOL sydney.edu.au/law

COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING This material has been reproduced and communicated to you by or on behalf of the University of Sydney pursuant to Part VB of the Copyright Act 1968 (the Act). The material in this communication may be subject to copyright under the Act. Any further reproduction or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice.

This material is also the subject of copyright in original material that does not fall within the ambit of Part VB of the Act.

Students should note that the selling or purchase of this document, lecture notes, Unit Outlines, teaching materials, and downloading of lecture recordings without permission, infringes this copyright.

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This document contains unit of study specific information. It must be read in conjunction with the Student Portal webpage. Students should also ensure they consult the University website for up to date policy information

The Student Portal includes links to information on such topics as: • • • • • • • • • • • • • • • •

Timetables; Course structures; Academic integrity; Assignment Coversheet for hard copy assignments; Exam script viewing request forms; Canvas/LMS; Withdrawing from a unit of study; Special consideration; Simple extensions; Style guide and referencing; Legal Writing Resources; Student support services, including disability support; Form for requesting permission for a unit of study; Opportunities (offshore units, exchange, social justice, mooting, internships and more); Receiving feedback; Attendance requirements for Sydney Law School.

Ensure you are aware of the content, and that you have consulted it before beginning a unit of study. All student enquiries should be directed to the Student Centre. You can also contact 1800 SYD UNI, check the Current Student website http://sydney.edu.au/students/, or submit a web form. Please note that The University of Sydney Law School Reception is open 10am-12pm and 1pm-4pm Monday to Thursday, and 10am-1pm on Friday. Please note that you can submit hard copies of your assignments outside these hours (8am - 7.30pm Monday to Friday; 9am to 5pm Saturday and Sunday), as there will be access to Level 3 via both lifts during these hours (with the exception of summer closedown and public holidays). Please do not request access via the stairs from Law Library staff.

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Teaching staff contact details: Day stream Mr Charles Alexander (Tutor) [email protected]

Ms Eleanor Makeig (Tutor) [email protected]

Associate Professor Celeste Black (Tutor) [email protected]

Mr Jack Pembroke-Birss (Tutor) [email protected]

Professor Matthew Conaglen (Lecturer and Tutor) [email protected]

Mr Tim Pilkington (Tutor) [email protected]

Assoc Prof Jamie Glister (Lecturer &Tutor) [email protected]

Mr Andrew Rajanayagam (Tutor) [email protected]

Dr Scott Grattan (Coordinator, Lecturer and Tutor) Room 422, New Law Building ph: 93510352 [email protected]

Teaching staff contact details: Evening stream Dr John Eldridge (Convenor and Seminar Leader) [email protected]

Preferred method of communication Matters relating to the content of the unit should be posted to the Discussion Board for the unit on the Canvas LMS site. With regards to correspondence with academic staff, students should remember to sign their name and provide their student identification number, especially when sending emails. N.B. Email communication should be via your Sydney University email account. Students are further reminded that under the Code of Conduct for Students must treat academic staff, visiting lecturers and other students with respect, dignity, impartiality, courtesy and sensitivity. Under the Policy on the Use of University Information and Communication Resources, it is illegal to use any ICT Resources to harass, menace, defame, libel, vilify or discriminate against any other person within or beyond the University, and it is the reasonable perception of the recipient rather than the intention of the sender which is significant.

Overview A knowledge of property and commercial law is an essential part of legal education. Property Law, which encompasses both real and personal property, is a field of study in itself, as well as underpinning areas of law such as Environmental Law, Insolvency Law, and Taxation.

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Commercial Law provides the framework within which commercial transactions take place and draws on property law where those transactions involve dealings with property rights. This unit of study is intended to provide an introduction to both Property and Commercial Law. It covers fundamental rules of real and personal property law and deals with statutory schemes that regulate dealings in these forms of property. It introduces the concepts of legal and equitable rights and remedies, and focuses on the rules for creation and disposition of legal and equitable interests in both land and personalty. Hence, the aims of the unit of study are to: • explore the legal structure of property and commercial relationships; • analyse fundamental legal principles governing property and commercial relationships, including the creation, assignment, and devolution of legal and equitable interests in real and personal property; • provide essential prerequisite knowledge for the study of equity, real property, commercial transactions and personal property securities.

Objectives The learning objectives/outcomes of this unit of study are to enable students to: 1. explain major themes in the history and motivating policy of property law and commercial law; 2. explain key features of the organising structure of property law and commercial law; 3. identify legal issues in property and commercial relationships; 4. apply statutory and general law rules and principles to fact situations involving property and commercial relationships. These objectives may be achieved through students: completing the assigned reading; attending /listening to the lectures; attending the tutorials; completing the tutorial problems and the formal written assessment tasks The unit may thus contribute to students deepening their level of disciplinary expertise and their skills in critical problem solving, through enhancing their ability to: • • • •

recognise, define and analyse legal problems and exercise critical thinking and judgment; master technical legal knowledge and refine legal skills; appreciate the limits of legal solutions and the wider social and economic context; communicate effectively.

Reading materials – All courses/streams A. Prescribed Text Introduction to Property and Commercial Law (compiled by Scott Grattan and Sheelagh McCracken), Thomson Reuters, 2nd ed, 2017. ISBN: 9780455239217. (Referred to in the Topics as ‘Text’.) This is not a conventional textbook, but rather a custom-made volume, comprising extracts from relevant Thomson Reuters casebooks and textbooks and other available material. It includes all of the prescribed reading for Topics 1, 2 and 5 (apart from two cases in Topic 2 and certain statutory provisions which can be accessed on-line). It contains much of the prescribed reading for Topics 3 and 4. Other reading, which is not available from Thomson Reuters materials, will also be prescribed for those topics. NB: The first edition of this book contains most of the material in the 2nd edition and some students might wish to obtain a copy of the 1st edition instead if they can do so at a good

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price. Each Topic Outline indicates [in bold] changes in material between editions and students are expected to have read all of the material added to the second edition. B. Recommended Reading Cases and Materials on Equity and Trusts (J.D. Heydon & M.J. Leeming), LexisNexis Butterworths, 9th ed. 2019, ISBN: 9780409348552. (Referred to in the Topics as ‘Heydon & Leeming’.) This casebook, which might also be useful for the Equity unit of study in Semester 2 (although it is not currently a generally prescribed text for that unit), contains extracts of some of the cases assigned for Topics 3 and 4 that have not been able to be included in the Prescribed Text. C. Databases and eReadings All of the statutory provisions referred to in each Topic can be accessed via this document or via the “eReserve” page on the Canvas LMS site when ready. Most of the Australian cases referred to in each topic can be accessed via the University of Sydney Law Library law reports databases: http://libguides.library.usyd.edu.au/legal_abbreviations/Australian_law_reports English cases in the authorised reports can be accessed through the ICLR database: http://libguides.library.usyd.edu.au/legal_abbreviations/law_reports_UK Where a case is not available through the on-line databases a scanned copy will be available through the Library Catalogue. D. Powerpoints etc Lecturers’ powerpoints and other relevant materials will be posted on the unit of study Canvas/LMS site. E. Other useful materials M. Bridge, Personal Property Law, Oxford University Press (4th ed) 2015 R. Chambers, An Introduction to Property Law in Australia, Thomson Reuters Australia (4th ed) 2019 B. Edgeworth, Butt’s Land Law, Thomson Reuters Australia (7th ed) 2017 E. McKendrick, Goode on Commercial Law, Penguin Press (5th ed) 2016

You are not required to do any reading before lectures, although doing so would assist you. You are, however, expected to have completed the required reading before you attend your tutorial, and to have familiarised yourself with the tutorial questions.

Classes – LLB and JD (full-time) stream only Please refer to the relevant timetable via the Student Portal page. NB: Please keep an eye on your Canvas LMS site for any announcements in relation to lectures and venues, as last-minute changes can and do occur. Each fortnight for 10 teaching weeks students enrolled in the LLB and JD (full-time) stream will attend 3 two-hour lectures and 1 two-hour tutorial. In the first week of the fortnight each student will attend 2 two-hour lectures and in the second week of the fortnight each student will attend 1 two-hour lecture and 1 two-hour tutorial. See the Lecture, Tutorial and Assessment Schedule below.

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Each student will be assigned to one of two lecture groups. Lecturers Group 1: Dr Grattan/ Prof Conaglen/ Assoc Prof Glister Group 2 (Repeat): Dr Grattan/ Prof Conaglen/ Assoc Prof Glister

Days/Time/Venue Mondays and Wednesdays, 11 am – 1 pm

Tuesdays and Thursdays, 4 pm – 6 pm

Recordings of lectures will be available to all IPCL students, including students in the Evening stream. The recordings are generally of the Group 2 lectures for the first week of each topic and the Group 1 lecture for the second week of each topic. Repeat recordings of lectures will not be made available unless there is a problem with the recording for the corresponding lecture. There will also be a series of five tutorials, each lasting two hours. In the weeks when you have a tutorial you will only have one lecture (the Monday or Tuesday one, depending on your stream). Tutorials will not be recorded. Individual recording by students on personal devices is not permitted. Note: The University’s timetabling system allocates you to a particular group for each unit of study, creating your personalised timetable. You are allocated to a group based on your combination of units and the availability of places in groups. You may be able to make some changes to your timetable online yourself, but note that any change you make may affect your entire timetable. Members of the teaching team do not have authority in this regard. For further information on personalised timetables, including how to customise your timetable and change your class, please refer to Timetables and Understanding Your Timetable. Class rolls may be taken in Tutorials.

Discussion Board The online Discussion Board on the Canvas website is available during most of the teaching semester. It will close to new questions relating to material assessable in Mid-Semester Exam from 6pm on Thursday, 2 April until the completion of any replacement Mi d-Semester Exams. The Discussion Board will close finally to new questions at 6pm on Thursday, 4 June in StuVac. The Discussion Board is a supplementary resource, since students are generally expected to raise questions in class. Its use is intended to ensure the fair and consistent treatment of all students in the unit. Given the availability of the tutorials and the Discussion Board, private emails raising questions on the content of the unit should not be sent to members of the teaching team.

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Lecture, Tutorial and Assessment Schedule Day stream only Calendar Week 24 February

University Week Week 1

Notes Topic 1: (A) The Concept and Function of “Property” & (B) Real Property - Introduction to Real Property

2 Lectures: Mon 11-1 or Tues 4-6 & Wed 11-1 or Thurs 4-6 (No tutorial this week)

Lecturer: Dr Scott Grattan 2 March

Week 2

Topic 1: (A) The Concept and Function of “Property” & (B) Real Property - Introduction to Real Property (Continued)

Lecture: Mon 11-1 or Tues 4-6 & Tutorial #1

9 March

Week 3

Topic 2: Personal Property Introduction to Choses in Possession

2 Lectures: Mon 11-1 or Tues 4-6 & Wed 11-1 or Thurs 4-6

Lecturer: Dr Scott Grattan (No tutorial this week) 16 March

Week 4

Topic 2: Personal Property Introduction to Choses in Possession (Continued)

Lecture: Mon 11-1 or Tues 4-6 & Tutorial #2

23 March

Week 5

Topic 3: Personal Property Introduction to Choses in Action

2 Lectures: Mon 11-1 or Tues 4-6 & Wed 11-1 or Thurs 4-6

Lecturer: Prof Matthew Conaglen (No tutorial this week) 30 March

Week 6

Topic 3: Personal Property Introduction to Choses in Action (Continued)

6 April

Week 7

Common Reading Mid-Semester exam

Week

Lecture: Mon 11-1 or Tues 4-6 & Tutorial #3 and

Reading Week. Mid-Semester exam: Thursday, 9 April

13 April

Common Vacation Week (Easter break)

No classes

20 April

Week 8

Additional IPCL Reading week

Reading week

27 April

Week 9

Topic 4: Assignment and Disposition of Interests

2 Lectures: Mon 11-1 or Tues 4-6 & Wed 11-1 or Thurs 4-6

Lecturer: Assoc Prof Jamie Glister (No tutorial this week)

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4 May

Week 10

Topic 4: Assignment and Disposition of Interests (Continued)

Lecture: Mon 11-1 or Tues 4-6 & Tutorial #4

11 May

Week 11

Topic 5A: Priority Regimes

2 Lectures: Mon 11-1 or Tues 4-6 & Wed 11-1 or Thurs 4-6

Lecturer: Dr Scott Grattan

(No tutorial this week) 18 May

Week 12

Topic 5B: Commercial Dealings as Security Interests Over Property Lecturer: Prof Matthew Conaglen

Lecture: Mon 11-1 or Tues 4-6 & Tutorial #5 Reading Week

25 May

Week 13

Common Reading Week

1 June 9 - 20 June

StuVac Exam period

Final exam

Reading weeks Semester 1, 2019: All units running over 10 weeks have two recommended reading weeks. In semester 1, 2020 the recommended reading weeks are Week 7 (6 April – 10 April) and Week 13 (25 – 29 May). In addition, there is also one floating reading week for this unit in Week 8 (20 -24 April).

Classes – Evening stream only Please refer to the relevant timetable at the Student Portal page. NB: Please keep an eye on your Canvas LMS site for any announcements in relation to lectures and venues, as last-minute changes can and do occur. Students enrolled in the JD (part-time) stream will have a weekly 3-hour seminar for 13 weeks. There are no reading weeks. See the Seminar and Assessment Schedule below.

Seminars

Days/Time/Venue

Weeks 1 – 13

Monday, 6 pm – 9 pm

Dr John Eldridge.

The Seminars will not be recorded. Students will have access to the recordings of the lectures for the LLB and JD (full-time) stream. Individual recording of Seminars by students on personal devices is not permitted.

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Seminar and Assessment Schedule Evening stream only Because of the high degree of student involvement expected in seminars, the following time allocation is an approximate guide only.

Calendar Week 24 Feb

University Week Week 1

2 March

Week 2

Topic 1: (A) The Concept and Function of “Property” & (B) Real Property - Introduction to Real Property (continued)

9 March

Week 3

Topic 1: (A) The Concept and Function of “Property” & (B) Real Property - Introduction to Real Property (finishing)

Topic 1: (A) The Concept and Function of “Property” & (B) Real Property - Introduction to Real Property

and commencing Topic 2: Personal Possession

Property - Introduction to Choses in

16 March

Week 4

Topic 2: Personal Property - Introduction to Choses in Possession (continued)

23 March

Week 5

Topic 2: Personal Property - Introduction to Choses in Possession (continued)

30 March

Week 6

Topic 3: Personal Property - Introduction to Choses in Action

6 April

Week 7

Mid-Semester exam: held in class

13 April

Common Vacation week (Easter break) No classes

20 April

Week 8

27 April

Week 9

Topic 3: Personal Property - Introduction to Choses in Action (Contd) Topic 3: Personal Property - Introduction to Choses in Action (finishing) and commencing Topic 4: Assignment and Disposition of Interests

4 May

Week 10

Topic 4: Assignment and Disposition of Interests (continued)

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11 May

Week 11

Topic 4: Assignment and Disposition of Interests (finishing) and commencing Topic 5(A): Priority Regimes and (B): Commercial Dealings as Security Interests Over Property

18 May

Week 12

Topic 5(A): Priority Regimes and (B): Commercial Dealings as Security Interests Over Property (continued)

25 May

Week 13

Topic 5(A): Priority Regimes and (B): Commercial Dealings as Security Interests Over Property (continued)

1 June 9 – 20 June

StuVac Exam period

Final exam – will be held during the day in the formal exam period.

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Assessment Details – Day and Evening streams The unit of study has two pieces of assessment: the mid-semester examination and the final examination. The mid-semester exam is compulsory and non-redeemable. The midsemester exam will be 1 hour in duration (plus 15 minutes reading time); the final exam will be 2 hours in duration (plus 30 minutes reading time). The mid-semester exam will be ‘open book’ subject to certain restrictions (eg no notebook computers). The mid-semester exam will concern the material ...