Course Title: Mortgages leases and building contracts

Part A: Course Overview

Course ID: 018363

Program: C6070

Course Title: Mortgages leases and building contracts

Portfolio: BUS

Nominal Hours: 51.0

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Course Code




Learning Mode

Teaching Period(s)


City Campus


650T TAFE Business


Course Contact: Joanne Mackay

Course Contact Phone: +61 3 9925 5540

Course Contact Email:

Course Description

This module covers competing equitable interests in land, the nature of a mortgage as a security, mortgagees and mortgagors rights and obligations, priorities amongst mortgagees, commercial mortgage transactions, leases for commercial premises and typical building contracts for premises on land.

Pre-requisite Courses and Assumed Knowledge and Capabilities

LAW5040 Legal Process [VBM898]
LAW5042 Property Law [VBM896]
MKTG5150 The Conveyancing Process [VBM900]
MKTG5151 Land Contracts [VBM903]

National Competency Codes and Titles


Mortgages leases and building contracts

Learning Outcomes

1. Outline, analyse and apply the concept of an equitable interest in land and demonstrate which equity will take priority in the event of a conflict occurring.
2. Examine the effect of a mortgage at common law and under the Transfer of Land Act and analyse the relevant documentation.
3. Outline the rights and obligations of both the mortgagee and the mortgagor under the provisions of a mortgage and the applicable law, and apply to a relevant case study.
4. Examine the case law regarding the priority between mortgages and the law, and the procedure involved in a variation of the priorities.
5. Determine the considerations when making a mortgage for commercial purposes, with those required when making a residential mortgage.
6. Evaluate and analyse the commercial lease as a commercial negotiation between the lessor and the lessee and relevant statutory provisions.
7. Analyse and evaluate the provisions of the Standard building contract to ascertain the rights of the builder and the landowner.

Overview of Assessment

Assessment will consist of written tests and an assignment.