Table of Contents |
Chapter 1. Concept of Real Property 1. Property (a) Generally (b) Possession and Ownership 2. Realty and Personalty 3. Real Property (a) Generally (b) Fixtures (c) Strata 4. Personal Property 5. Leaseholds Chapter 2. Interests in Land 1. Introduction (a) Estates in Land (b) Joint Estates (c) Legal & Equitable Estates in Land 2. Systems of Title to Land in New South Wales (a) Old System or Common Law Title (b) The Real Property Act, 1900 (c) Qualified Title (d) Limited Title (e) Strata Titles Act, 1973 (f) Community Title (g) Crown Lands Act, 1989 3. Native Title - The Mabo Decision Chapter 3. Insurance of Real Property 1. Generally (a) Definition (b) Insurable Interest (c) Duty of Disclosure 2. Indemnity (a) Generally (b) Double Insurance (c) Averaging 3. Subrogation 4. Procedure of Effecting Insurance 5. Types of Insurance (a) Marine Insurance (b) Life Assurance (c) Accident Insurance 6. Conveyancing and Insurance (a) Generally (b) Insurance by Purchaser (c) Passing of Title to and Insurance of Personal Property Chapter 4. Debt Recovery 1. Credit Assessment 2. Prior to Judgment (a) Generally (b) Letter of Demand (c) Statement of Claim (d) Service (e) Judgment 3. Enforcing Judgment 4. Bankruptcy (a) Generally (b) Procedure (c) Property of Bankrupt (d) Discharge Chapter 5. Law of Employment 1. Employer/Employee Relationship (a) Definition (b) Common Law Duties of Employers (c) Common Law Duties of Employees 2. Liability of Employer in Tort & Contract (a) Tort (b) Contract 3. Ending Employment (a) Generally (b) Giving Notice (c) When the Job Cannot be Done (d) Misconduct (e) Remedies for Unlawful Termination 4. Statutes Modifying the Employer/Employee Relationship (a) Workers Compensation (b) Health & Safety (c) Equal Opportunity (d) Industrial Disputes (e) Industrial Awards (f) Payment of Wages (g) Harsh or Unfair Work Arrangements (h) Enterprise Bargaining (i) Long Service Leave Act, 1955 (N.S.W.) (j) Annual Holidays Act, 1944 (N.S.W.) (k) Maternity Leave Chapter 6. Consumer Laws & Real Estate 1. Sale of Goods Act, 1923 (NSW) (a) Generally (b) Terms of Contracts (c) Remedies for Breach of Contract (d) Exclusion of Provisions of Act 2. Trade Practices Act, 1974 (Cwth) (a) Generally (b) Constitutional Limits (c) Prohibited Practices (d) Misrepresentations Relating to Land. (e) Misleading or Deceptive Conduct. (f) Unconscionable Conduct. (g) False Representations & Misleading or Offensive Conduct in Relation to Land (h) Remedies Under the Act 3. Fair Trading Act, 1987 (NSW) (a) Generally (b) No Constitutional Limits (c) Prohibited Conduct (d) Remedies 4. Consumer Claims Tribunal Act, 1974 (NSW) (a) Generally (b) Jurisdiction (c) Operation Chapter 7 Lease Agreements 1. Generally 2. Essential Terms of a Lease 3. Types of Tenancy 4. Requirements of Form for Leases for Fixed Terms 5. Lease Covenants 6. Termination of Leases 7. Fixtures 8. Bond Money 9. Landlord & Tenant (Amendment) Act, 1948 10. Jurisdiction of the Courts 11. Procedure for Recovery of Possession at Local Court Chapter 8. Residential Tenancies 1. Generally 2. Residential Tenancy Agreements 3. Boarders and Lodgers 4. Contracting Out of the Legislation 5. Entering Into Residential Tenancy Agreements 5. Rent 6. The Parties Rights and Obligations 7. Termination of Residential Tenancy Agreements 8. The Tribunal 9. Applications to the Tribunal Chapter 9. Retail Tenancies 1. What leases are effected 2. What leases are not effected 3. Changes to leasing practice 4. Length of lease 5. Rent 6. Outgoings 7. Other Changes 8. Disputes 9. Lease forms 10. Summary
These notes are not intended as a text book. They are not exhaustive but are intended only as a helpful guide to students studying conveyancing as part of the Advanced Certificate in Real Estate Course offered by TAFE. For more detailed information on conveyancing law and practice reference should be made to practise books such as:- Real Estate Agency Law & Practice by Prof. Andrew Lang, 3rd Ed., Law Book Co., 1987. Real Estate and Estate Agency Law in NSW by Philip Mendes, Legal Books, 1988. Business Law in N.S.W. by J.C. Carvan, J.V. Gooley, J.K. McCaffery & E.L. Rae, Law Research Publications, Sydney, 1992. Residential Tenancies Law & Practice NSW by A.C. Lang, 2nd Ed., Law Book Co., 1990. The Standard Contract for Sale of Land in New South Wales by P.J.Butt, Law Book Co., 1985 with Supplement to 1st January, 1989. Introduction to Land Law by P.J. Butt, 2nd Ed., Law Book Co., 1988. Torrens Title by R.T.J. Stein & M.A. Stone, Butterworths, 1991. The Torrens System in Australia by D.J. Whalan, Law Book Co., 1982. Land Titles Office Practice New South Wales by Baalman & Wells, 4th Ed., Law Book Co.,Looseleaf service edited by K. Mettle. Property Law: Cases & Materials by R. Sackville & M. Neave, 4th Ed., Butterworths, 1988. Leases & Tenancies in New South Wales by Prof. Andrew Lang, Law Book Co., 1976. Landlord & Tenant (N.S.W.) by Hope, Mackerras & Freeman 7th Ed., Law Book Co., 1971. New South Wales Conveyancing Law & Practice by Prof. Andrew Lang, CCH Looseleaf Service. Conveyancing Precedents - Australia and New Zealand by Prof. Andrew Lang, CCH., 1988. Conveyancing Service New South Wales by Charlebois, Francis & Young, Butterworths Looseleaf Service.