LAWS5108 Commercial Practice
- 6 points
|Semester 1||UWA (Perth)||Face to face|
- This unit is a critical study of general commercial practice and conveyancing with an emphasis on practical exercises and drafting. It begins with an intensive course on plain English drafting, using various areas of law as a vehicle to teach basic principles of legal writing, drafting and precedent application. The unit includes a consideration of property transactions from inception to stamping, settlement and registration; state duties tax; establishing a business including forms of association, partnerships, joint ventures and corporations; company practice; mergers and acquisitions including transaction types and structures, drafting of warranties and indemnities and key transaction documents; due diligence; commercial dispute resolution processes and the general drafting and negotiation of letters and documents in these areas. Students are given the opportunity to apply the substantive legal knowledge acquired throughout their studies to practical exercises found in commercial practice through a number of exercises and examinations which focus on developing drafting skills and precedent application for practice.
- Students are able to (1) demonstrate an understanding of (a) plain English drafting; (b) basic property transactions (c) the Duties Act 2008 and its application; (d) establishing a business including forms of association, partnerships, joint ventures and corporations; (e) company practice (f) mergers and acquisitions including transaction types and structures, and key transaction documents; (h) due diligence; (i) options for commercial dispute resolution; and (j) the practical importance and application of legal knowledge in a range of areas to legal practice; (2) demonstrate an appreciation for necessary and/or proposed reforms relevant to the professional practice of law; (3) demonstrate an appreciation and understanding of the utility of legal precedents and the ethical aspects surrounding their use in professional practice; (4) critically analyse a complex legal scenario and identify and articulate the available and appropriate commercial structures; and understand and advise a client on available and appropriate commercial structures and the implications of choosing a particular structure; (5) research skills—demonstrate an ability to access relevant legal precedents and justify their use in professional decision-making; and; and (6) communication and collaboration—(a) understand and apply the basic principles of legal drafting using correct, concise and plain English; (b) use, adapt and apply written precedents appropriately and properly; and (c) write clearly, concisely and effectively in communicating with clients and other lawyers..
- Typically this unit is assessed in the following ways: (1) tutorial participation; (2) assignments; and (3) examination. Further information is available in the unit outline.
Supplementary assessment is not available in this unit.
- Unit Coordinator(s)
- Dr Marilyn Bromberg and Ms Rebecca Faugno
- Unit rules
- LAWS4101 Foundations of Law and Lawyering, LAWS4102 Criminal Law, LAWS4103 Contract, LAWS4104 Property, LAWS5109 Dispute Resolution(previously LAWS4105), LAWS4106 Torts, LAWS4107 Land Law, LAWS4109 Legal Theory and Ethics (previously LAWS5106) LAWS5103 Equity and Trusts, LAWS5104 Corporations Law
- Contact hours
- 4 hours per week
- Unit Outline
- The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
- All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
- 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. Where texts are listed in the unit description above, an asterisk (*) indicates that the book is available in paperback.