SPECIAL NOTE:This unit forms part of the Graduate Diploma in Legal Practice.
OFFERINGS
Unit
Sem 1
Sem 2
Full Yr
Spring
Summer
Winter
LCA103
H
Key Semester Dates
Semester
Campus
Attendance
Note
Start Date
Census Date
Final WW Date*
End Date
Sem 1
H
On Campus
Offering in H
03-FEB-2012
13-MAR-2012
07-MAY-2012
02-AUG-2012
*The Final WW Date is the final date from which you can withdraw from the unit without academic penalty, however you will still incur a financial liability (see
Withdrawal dates explained for more information).
This module is concerned with the general areas of law comprising Commercial Practice as well as the role, and duties of a commercial practitioner. Trainees are given a series of seminars and workshops addressing business structures generally and in particular companies, partnerships and trusts.
Specific instruction is given on the various elements associated with the sale and purchase of a business and trainees are required to act for a client in either the sale or purchase of a business and maintain a simulated file for the transaction. This includes:
Receiving, drafting and examining the business sale/purchase contract
Following instructions to negotiate the terms and conditions of the contract
Advising the client on appropriate business structures
Conducting due diligence enquiries and searches
Preparing required transfer documents
Preparing to complete (settle) the contract
Maintain trust and office accounting records
In addition, trainees cover the basic elements of business loans and securities with particular emphasis on mortgages of real property, mortgages of personal property and guarantees. Trainees will also consider revenue implications (ie duty, capital gains tax and goods and services tax) in business transactions. In doing so, trainees are required to draft and/or give written advice to their client about a security document and are required to address revenue implications in letters, tax invoices and statements prepared in the business purchase transaction file they maintain.
Trainees are given instruction on drafting commercial agreements (such as commercial leases and franchise agreements) and draft a commercial agreement based on instructions from a simulated client.
WEIGHT:
12.5%
ASSESSMENT: Each exercise given and each stage of the business transaction file is assessed for compliance with good commercial practice, drafting skills, professional relationships with the client and other parties, risk management, file management and trust and office accounting
TEACHING PATTERN: Unit is part of GradDipLegPrac. Course carries a full-time load taught over 3 days per week. Attendance is compulsory.
FLEXIBLE & ONLINE STUDY OPTIONS Note: Class attendance may still be required
Units are offered in attending mode unless otherwise indicated (that is attendance is required at the campus identified). A unit identified as offered by distance, that is there is no requirement for attendance, is identified with a nominal enrolment campus. A unit offered to both attending students and by distance from the same campus is identified as having both modes of study.
Campus - H Hobart, L Launceston, W Burnie. Study Centre - V Sydney, R Rozelle, P Beauty Point. Distance units may also have a campus identifier of I Isolated, N Interstate, O Overseas. Units delivered in Transnational Education (TNE) Programs have a campus identifier of A Hangzhou, F Fuzhou, G Shanghai, K KDU Malaysia, Q Kuwait or Y Hong Kong.
Special approval is required for enrolment into TNE Program units - campuses A, F, G, K, Q and Y click here for more information.