Units

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Sample subject outline - 5 Week Teaching Period - 5 2012

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

The principles and practice relating to commercial leasing transactions are rapidly becoming more complex, the complexity being driven by continuing statutory intervention in what had been for many years the traditionally settled relationships of lessee and lessor and lessor and real estate agent. In recent times the courts are also redefining these relationships through the extension of the law, particularly relating to misleading conduct, unconscionability and good faith which have had a significant impact upon the behaviour of parties to all property dealings. Coupled with these developments is the introduction by government of more complex retail leasing legislation. It is, therefore, appropriate that these developments be subjected to analysis at a high level in against the background of a modern commercial lease and leasing practices.

Aims

The primary aim of this unit is to enable you to engage in a study of the principles and practice of modern commercial leasing law, with the emphasis on Queensland, to be afforded an opportunity to critically analyse issues arising from this study at an advanced level and to contribute meaningfully to discussion of these issues in a structured way. Intending students will require legal qualifications and/or experience from a common law jurisdiction to successfully complete this unit.

Objectives

At the conclusion of the study of this unit you will be able to demonstrate:

1. Understand and be able to critically evaluate the development and operation of the law relating to modern commercial leases;
2. Evaluate and critique policy changes, particularly in the area of retail shop leasing have been translated into statutory law and how successful these attempts have been in practice;
3. Engage in oral discourse on these issues and communicate complex ideas and concepts to a listening audience;
4. Exhibit advanced written and critical analysis skills within the context of commercial leasing issues; and
5. Effectively use research skills and methods at a high level in the area of commercial leases.

Content

The material covered in this unit will include the following topics:

1. Negotiating terms of lease
2. Construction of lease including implied terms
3. The covenant of rent including the procedure for rent review.
4. The covenant of repair and its application.
5. The covenant for quiet enjoyment and its application.
6. The principles involved in assignment of lease.
7. The extent of permitted user.
8. Options to purchase and options to renew.
9. Breach of covenant by lessee and relief against forfeiture
10. Unconscionable conduct in negotiation and performance of a lease

Approaches to Teaching and Learning

The unit will be taught over a period of 26 hours face-to-face delivery of introductory remarks by the unit co-ordinator/s, interactive class discussion of material followed by active class participation in the resolution of case studies directly relating to issues from class discussion. The unit co-ordinator/s will lead the discussion .Attendance at each of the daily sessions is compulsory .You will be expected to have some familiarity with material set as readings and be capable of conducting meaningful dialogue with instructor/s and fellow students.

Where unit is taught intensively, (approximately 5 hours per days over a period of 5 consecutive days) you will be given an opportunity of reading materials set prior to commencement of the teaching period and some breaks between sessions for catch up reading.

This unit will not be taught externally.

Assessment

Formative feedback is designed to provide you with feedback on your understanding of unit concepts and on your ability to demonstrate the graduate capabilities and skills being taught in this unit. Oral feedback will be offered to you by the instructor/s during class discussion informed by the above criteria relating to Assessment Item 1. This assessment is linked to objectives 1, 2 and 3

Assessment name: Discussion Forum
Description: Students will be assessed on:

a)extent of active participation in class discussion

b)extent to which pre-class preparation is revealed through this participation

c)your ability to articulate complex ideas clearly and simply

d)your ability to listen to the discussion and respond to questions asked in an appropriate way
Relates to objectives: 1, 2 and 3
Weight: 30%
Internal or external: Internal
Group or individual: Individual
Due date: During Class

Assessment name: Project (research)
Description: You will be required to submit a short written (not in excess of 2 pages) outline of your research paper topic, which must include the research question to be considered and the research methodology to be used within 2 weeks of the end of classes. Feedback will be given on the topic and methodology.
Relates to objectives: 4 and 5
Internal or external: Internal
Group or individual: Individual
Due date: 2 Wks after Intnsv.

Assessment name: Research Paper
Description: You will be required to submit a typed 6000 - 8000 word (maximum) research paper upon the topic approved by the unit coordinator, no later than 2 months after the end of classes.
Your performance in the research paper will be measured by the following criteria:

• originality of approach to subject matte


• relevance to issues raised in written material and oral discussion


• depth of critical analysis revealed


• whether paper is of publishable standard in learned or professional journal


• clarity and conciseness of expression


• degree of use of proper presentation techniques, eg paragraphing, headings, subheadings, footnotes, use of correct spelling and syntax

Relates to objectives: 1, 2, 4 and 5
Weight: 70%
Internal or external: Internal
Group or individual: Individual
Due date: 8 Wks after Intnsv.

Academic Honesty

Academic honesty means that you are expected to exhibit honesty and act responsibly when undertaking assessment. Any action or practice on your part which would defeat the purposes of assessment is regarded as academic dishonesty. The penalties for academic dishonesty are provided in the Student Rules. For more information you should consult the QUT Library resources for avoiding plagiarism.

Resource materials

Prescribed Materials

WD Duncan, Commercial Leases, (5th ed, LBC Information Services, 2008)

The study guide largely follows the relevant chapters in the book with some exceptions given that the book now covers Australian jurisdictions. It will be necessary to enhance the study guide with information from the book and from other sources set out.

Recommended reference material

AG Lang, Lang's Commercial Leasing in Australia, (looseleaf) (CCH Australia, 1996)
KM Lewison, Drafting Business Leases, (7th ed, Sweet & Maxwell, 2007)
AJ Bradbrook and CE Croft and RS Hay, Commercial Tenancy Law in Australia, (3rd ed, Lexis Nexis Butterworths, 2009)
M Brahams, Casebook on Rent Review & Lease Renewal (Collins, 1986)
LA Blundell and VG Wellings, Woodfall's Law of the Landlord and Tenant, (28th ed, Law Book Company, 1978)
MJ Redfern and DI Cassidy, Australian Tenancy Practice and Precedents, (looseleaf) (Butterworths)
Duncan and Vann, Property Law and Practice in Queensland, (ed W Duncan and AE Wallace) (looseleaf) (Law Book Company, 1982)

Prescribed statutes

Property Law Act 1974 (Qld)
Retail Shop Leases Act 1994 (Qld)
Trade Practices Act 1974 (Cth)
Fair Trading Act 1989 (Qld)
Land Title Act 1994 (Qld)
Acts Interpretation Act 1954 (Qld)
Retail Shop Leases Act Regulations 1994

Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 18-Nov-2011