University of Technology Sydney

16346 Moot Court

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2020 is available in the Archives.

UTS: Design, Architecture and Building: School of the Built Environment
Credit points: 6 cp

Subject level:

Undergraduate

Result type: Grade and marks

Requisite(s): 16641 Property Rights and Landlord Tenant Law AND 16333 Statutory Valuation and Compensation

Description

The moot case study is a hypothetical scenario in which students work as a team in the preparation and presentation of a property-related case involving compulsory acquisition or rating and taxing. A scenario is provided in which students respond with a written report and present and argue their position before a panel, tribunal or court.

Subject learning objectives (SLOs)

On successful completion of this subject, students should be able to:

1. Draft / respond and clarify instructions from clients and determine client objectives and briefs.
2. Work with co-professionals in preparing and presenting a case supporting an area of expertise in the property profession.
3. Discuss and brief other professionals in the preparation of advice.
4. Demonstrate responsibilities in assisting a tribunal, panel or court in the determination of a matter in dispute.
5. Undertake valuations for compulsory purchase, rating and taxing or development processes relevant to property.
6. Develop and define arguments supporting a case and expert report.
7. Undertake and receive cross examination and re-examination of expert report and evidence.

Course intended learning outcomes (CILOs)

This subject also contributes to the following Course Intended Learning Outcomes:

  • Develop alternative, appropriate creative solutions to built environment issues (I.2)
  • Apply valuation theory and practice in the valuation of property for different purposes (P.1)
  • Apply knowledge of law (including Native Title) and regulations in built environment contexts (P.6)
  • Apply knowledge of sustainability and environmental issues in built environment contexts (P.7)

Teaching and learning strategies

This subject is run through a studio / workshop comprising 3 hours per week, which includes library research time.

Content (topics)

  • Drafting, interpreting and accepting client instructions.
  • Briefing property and related professionals.
  • Drafting valuation advice and or statements supporting principles in dispute.
  • Develop a case / report which supports arguments or principles to be defended.
  • Comply with directives and guidance notes of tribunals and courts.
  • Submit and exchange statements of advice and expert notes.
  • Undertake and receive cross examination and re-examination of expert report and evidence.

Assessment

Assessment task 1: Contextual portfolio

Objective(s):

This task addresses the following subject learning objectives:

5

This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.):

I.2

Type: Portfolio
Groupwork: Individual
Weight: 30%

Assessment task 2: Prepare and present report

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4, 5 and 6

This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.):

I.2 and P.1

Type: Report
Groupwork: Group, group assessed
Weight: 30%

Assessment task 3: Presentation and defence of work.

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4, 5, 6 and 7

This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.):

P.6 and P.7

Type: Presentation
Groupwork: Group, individually assessed
Weight: 40%

Required texts

Brown, D. 2009, Land Acquisition in Australia

Hyam, A. 2009, The Law Affecting the Valuation of Land in Australia

Jacobs, M. 2010, Law of Compulsory Land Acquiition