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LAWS4030 & Commercial Practice, Conveyancing and Drafting Part 1

The availability of units in Semester 1, 2, etc. was correct at the time of going to press but may be subject to change.
 
Credit12 points (Parts 1 and 2)  AvailabilitySemester 1 and Semester 2 Old unit code: 200.033
 
OutcomesStudents are able to (1) understand the basic principles of legal drafting and be competent drafters of plain language; (2) use, adapt and apply precedents properly; (3) write clearly, concisely and effectively; (4) write letters to clients and other lawyers; (5) understand a legal practitioner’s ethical duties and professional responsibilities; (6)understand the Stamp Act 1921 (WA) and its application; (7) understand the basic law and procedure relating to primary areas of commercial and conveyancing practice; (8) take instructions in basic commercial and conveyancing matters; (9) complete simple land and business settlements; and (10) advise a client on available and appropriate business vehicles and the basic implications of choosing a particular structure.
 
ContentThis unit is taken over two semesters in the same calendar year and parts 1 and 2 must be completed to fulfil the requirements of the unit.

The unit is a critical study of general commercial practice and conveyancing with emphasis on practical exercises and drafting. It begins with an intensive course on plain English writing, using various areas of law as a vehicle to teach basic principles of legal writing. The unit includes a consideration of property transactions from inception to stamping, settlement and registration; securities (mortgages and charges); leases; formation, sale and purchase of business organisations (companies and partnerships); stamp duties; and the general drafting of letters and documents in these areas. The unit includes a study of the ethics in commercial legal practice.
 
AssessmentThis is an ungraded pass/fail unit. Students are required to complete tutorial papers, attend and participate in tutorials, and complete a first-semester examination and a second-semester examination.

Supplementary assessment is not available in this unit because the Faculty has been granted an exemption.
 
Location: UWA (Crawley)
Mode: on-campus

Unit Rules:
Prerequisites: Part 1: at least 114 points of law which must include LAWS1130 Legal Process, LAWS1101 Contract I, LAWS1102 Contract II, LAWS1107 Torts I, LAWS1108 Torts II, LAWS2204 Property I, LAWS2205 Property II and LAWS2203 Trusts
Co-requisites: Part 1: LAWS3322 Corporations Law
Contact hourslectures/tutorials: approx. 65 hrs over the year including formal lectures by senior practitioners and regular tutorials which deal with practical exercises and drafting issues

Unit Web Page: http://www.uwa.edu.au/page/108232
Note: Some unit web pages are still under construction and will be available in 2009.
 

Texts

Commercial Practice, Conveyancing and Drafting in Western Australia—a Student's Manual: UWA Law School 2009

Statutes

Stamp Act 1921 (WA)

Recommended Reading

Asprey, M. M. Plain Language for Lawyers, 2nd ed.: Federation Press 1996

MacDonald, R. and McGill, D. Drafting: Butterworths' Skills Series 1998

 

Students also need to refer to texts and statutes prescribed for related units already completed, particularly property, securities, succession, corporations law and trusts.


Assistance with study skills, including English language skills, is available free of charge from Student Services for all enrolled students (see http://www.studysmarter.uwa.edu.au/). Student Services location: Second Floor, South Wing, Guild Village; telephone: 6488 2423.
 
Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary Reading', 'Recommended Reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. For first-year units the Bookshop will endeavour to make available photocopies of book lists for individual units. Books marked with an asterisk (*) are available in paperback.

 

Unit Resources

Unit Coordinator

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