SUBJECT OUTLINE

70317 Real Property

Course area UTS: Law
Delivery Spring 2021; City
Credit points 8cp
Requisite(s) 70211 Contracts AND 70311 Torts AND 70327 Introduction to Property and
Commercial Law
These requisites may not apply to students in certain courses. See access
conditions.
Result type Grade and marks

Attendance: Any timetabled on-campus attendance requirements in this subject have been temporarily changed due to
COVID-19 in our community. This subject will be delivered wholly online for Weeks 1 to 4 for spring 2021. A
return to face-to-face classes (on-campus) after Week 4 will be subject to any NSW Government Covid-19 rules and
restrictions and you will be notified by your Subject Coordinator if further changes are required.

Subject coordinator
Maria Abertos
Position: Lecturer
Email: [email protected]

Teaching staff
Shaunnagh Dorsett

Position: Distinguished Professor

Email: [email protected]

Subject description
This subject introduces students to the law and practice of real property. It examines the core doctrines and interests
in land that underpin property transactions in New South Wales. The subject emphasises practice-oriented education
through consideration of the relationship between real property and other allied subjects; by connecting the doctrine
and practice of real property to the bureaucratic practices of property transactions; and by its emphasis on
problem-solving skills.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:
1. Analyse the framework of contemporary real property law; its key legal doctrines and the implications of the
relationships between them.

2. Relate the basic doctrines of real property to the ways in which property is identified and transacted in practice.
3. Reflect, evaluate and improve their core skills in real property case analysis.
4. Evaluate the relative merits of different legal doctrines and strategies in assessing, advising and responding to
simulated ‘real world’ legal scenarios.

5. Analyse and monitor their own performance and implement strategies for developing their self-management,
particularly time-management.

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Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the
course intended learning outcomes:
Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and
technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social
justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of
colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers’ roles. (LAW.1.1)
Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1)
Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant
factual, legal and policy issues. (LAW.4.1)
Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences
and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others.
(LAW.5.1)
Collaboration
Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning
environment or the workplace including:
a. An ability to give and receive feedback;
b. Appropriate professional and interpersonal skills in working collaboratively;
c. A capacity to develop strategies to successfully negotiate group challenges; and
d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others.
(LAW.6.1)
Self management
The ability to implement appropriate self-management and lifelong learning strategies including:
a. An ability to undertake and initiate self-directed work and learning;
b. Well-developed judgment and responsibility as a legal professional in a broader social context;
c. The ability to support personal and professional development by:
(i). Reflecting on and assessing their own capabilities, wellbeing and performance;
(iI). Making use of feedback as appropriate;
(iII). Identifying and accessing appropriate resources and assistance; and
(iv). Making use of resources and support in developing resilience; and
d. A capacity to adapt to and embrace change and a commitment to ongoing learning. (LAW.8.1)

Teaching and learning strategies

Strategy 1 Preparation:

Students will be encouraged and supported to undertake independent study. This will aid with the acquisition of core
knowledge and the key graduate attribute of self-management. Students will be expected to engage in a range of

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knowledge and the key graduate attribute of self-management. Students will be expected to engage in a range of
activities before classes which will assist them to engage more deeply with the core knowledge in the subject, and to
apply it in practice-based scenarios.

Preparation activities include:

Engage with the set topic materials prior to attending class, in particular reading and analysing the identified cases.
Prepare tutorial questions including legal problems before tutorials in order to facilitate understanding of the issues.
Students are required to prepare their answers to all tutorial problems on each topic prior to the tutorial and to
demonstrate this by the quality through the quality of the pre-prepared answers (see Assessment Task 2) and the
quality of their participation in class discussion of the problems.
Scaffolded, self-paced learning exercises, including a video/quiz module which aids students to understand the
connection between basic doctrines of real property and the practice of property law.
Students are also encouraged to undertake both independent and group study to prepare for Assessment tasks.

A study guide that incorporates topic materials (readings and links to other on-line resources), tutorial questions and
legal problems is available to students on Canvas

Strategy 2 Active Learning: Students will interact with lecturers and other students on campus during lectures and
tutorials. In both of these formats students will be provided with opportunities to improve their skills of critical analysis
and problem solving through the use of scaffolded activities, flipped exercises, ‘breakout sessions’ and group problem
solving sessions. These enable students to practice Assessment items encourage students to undertake both
independent and group study and to applying their analytical and doctrinal skills to the practice-orientated problems
they will encounter in assessments.

Strategy 3 Collaborative learning: Students will engage in learning with their peers through a number of fora:
tutorials buzz groups and breakout sessions. Students collaborate to develop their critical thinking and core legal skills
of primary source analysis, and to apply these skills to practice-based scenarios.

Strategy 4 Feedback: Feedback is given for assessment items (except the final exam) by means of a combination of
generic class and student specific feedback. Feedback focuses not only on the right answer but also on the ways in
which student could have better approached the various tasks and strategies for improvement on future tasks. We also
offer formative, no-stakes tasks designed to provide ongoing feedback to students on their own performance. This
takes place though pre-prepared questions, and by means of self-paced quizzes.

Subject Delivery

This subject is taught in mixed mode with a blend of online and face to face learning. There will be pre-recorded
lectures available to students as per the program in the Subject Outline. Students have the option of enrolling in either
a face to face or an online tutorial.

Recorded Lectures on Canvas

Lecture recordings will be made available for download from Canvas. Students may use these audio-tapes for private
student purposes, and to avoid legal action, permission must be obtained from the Subject Coordinator for any other
usage.

Content (topics)
This subject examines land law in New South Wales. The topics to be covered are:
Tenures and Estates and Native Title.
Co-ownership.
Torrens Title and the concept of indefeasibility.
Priorities between unregistered competing interests under Torrens Title.
Mortgages.
Formalities.
Easements.
Covenants.
Leases.
Strata Title.

Program

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 Week/Session Dates Description

1 2 August 2021 PreparationStudents must be familiar with the Subject Outline

(available on Canvas) before the first lecture. Students should very
carefully read all the material in the Getting Started Module on Canvas.
We will assume you are familiar with this material.

In addition, students in this subject are required to undertake the

Avoiding Plagiarism Unit. This is on Canvas. it is strongly suggested that
students undertake this in Week 1. Please note that unless you have
successfully completed this unit you will not be able to complete the first
assessment item.

2 9 August 2021 PRE-RECORDED LECTURE

Topic 1: Tenures and Estates; Native Title

3 16 August 2021 PRE-RECORDED LECTURE

Topic 2: Torrens Title I

Notes:

Note that Assessment Task 1 is due this week. Please carefully read the
requirements under 'Assessment Tasks' in this subject outline AS WELL
AS the task specific instructions on Canvas.

Note: Students who have not completed the Avoiding Plagiarism Unit
will be unable to complete the first assessment task and will be
prevented from submitting subsequent assessment tasks for this subject.

4 23 August 2021 PRE-RECORDED LECTURE

Topic 3 : Torrens Title II

TUTORIAL 1 Tenure, Estates and Introduction to Torrens Title

Notes:

The first Pre-preparation tutorial problem is due this week. Please

carefully read the requirements under 'Assessment Tasks' in this subject
outline AS WELL AS the task specific instructions on Canvas.

5 30 August 2021 PRE-RECORDED LECTURE

Topic 4: Mortgages

6 6 September 2021 PRE-RECORDED LECTURE

Topic 5: Co-ownership

TUTORIAL 2 Torrens Title

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 7 13 September 2021 PRE-RECORDED LECTURE

Topic 6: Leases

TUTORIAL 3 Mortgages

20 September 2021 Mid-session StuVac week

8 27 September 2021 PRE-RECORDED LECTURE

Topic 7: Easements

TUTORIAL 4 Co-ownership

9 4 October 2021 PRE-RECORDED LECTURE

Topic 8: Covenants

TUTORIAL 5 Leases

10 11 October 2021 PRE-RECORDED LECTURE

Topic 9: Strata

TUTORIAL 6 Easements

11 18 October 2021 TUTORIAL 7 Covenants

12 25 October 2021 No classes.

1 November 2021 Final StuVac Week

Additional information
U:PASS (UTS Peer Assisted Study Success) is a voluntary “study session” where you will be studying the subject with
other students in a group. It is led by a student who has previously achieved a distinction or high distinction in that
subject, and who has a good WAM. The leader will typically prepare questions for you to work on, or if you have
specific questions or things you’re not clear on, you can bring them along, and the leader will get the group to work on
that. It’s really relaxed, friendly, and informal. Because the leader is a student just like you, they understand what it’s
like to study the subject and how to do well, and they can pass those tips along to you. Students also say it’s a great
way to meet new people and a “guaranteed study hour”.

You can sign up for U:PASS sessions in My Student Admin https://onestopadmin.uts.edu.au/. You will find it listed in
the area where you sign up for lectures, tutorials, etc. Note that sign up is not open until week 1, as it’s voluntary and
only students who want to go should sign up. Note that you don’t have to be struggling in the subject to attend U:
PASS – frequently students who are already doing well will do even better after attending U:PASS. If you have any
questions or concerns about U:PASS, please contact Georgina at [email protected] or check out the website:
http://www.ssu.uts.edu.au/peerlearning/index.html

Assessment
Assessment task 1: Real Property Concepts and Practice

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 Objective(s): This task addresses the following subject learning objectives:

3 and 5

This task contributes specifically to the development of the following graduate attributes:

LAW.1.1, LAW.3.1 and LAW.8.1

Weight: 10%

Task: Students work through an online video module specifically developed for this subject concerning
documents for tenures, estates and an introduction to Torrens Title. Students then undertake a
multiple-choice on-line quiz that tests their understanding. All related material from Modules 1 and 2
is examinable.

Due: Friday 20 August 2021 at 4:00pm.

Criteria: Accurately relate basic principles of real property to documents and processes
Identify and determine transactions for property documents used in practice
Reflect, evaluate and improve their core skills in property document analysis

Further Information about completing this assessment task can be found on Canvas under 'Assignments'.
information: Failure to complete this task on time will result in a mark of 0 for the Assessment task.

Note: To complete this Assessment Task you will need to have completed the Avoiding Plagiarism
Unit on Canvas. Failure to complete that unit will prevent you from being able to attempt this
Assessment Task and will prevent you from submitting future assessments.

Assessment task 2: Tutorial Preparation

Intent: The capacity to evaluate a set of facts and solve legal problems is essential to being an effective
lawyer. This task is designed to aid you to develop your ability to analyse a ‘real-world’ legal problem,
to identify the relevant facts and law and to advice your client. Allied is the important skill of being
able to provide succinct, to-the-point-answers to questions. The pre-preparation exercises are
designed to help you to learn to properly structure the answer to a legal problem. Pre-preparation will
also enable you to contribute more meaningfully to tutorials, and work to prepare you for the final
exam.

Objective(s): This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

LAW.1.1, LAW.3.1, LAW.4.1, LAW.5.1 and LAW.6.1

Weight: 30%

Task: Pre-preparation will be undertaken on provided worksheets. These are available on Canvas. Each
submission will be given a mark out of 6 and a final mark out of 30 will be given based on the best 5
out of 7 (or the number undertaken) answers submitted.

In order to be eligible for a mark for any worksheet students must:

1) Submit the worksheet via Turnitin by 9:00am on Tuesday of the relevant tutorial week. Note this
will be before your tutorial. If the worksheet is submitted after this time the student will not be eligible
for a mark for that week's tutorial;

and

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 2) Attend the tutorial in which they are enrolled. Failure to do so will mean that your answer will not
be marked.

You must attend the tutorial in which you are enrolled. You may only attend a different tutorial with
the prior permission of the Subject Coordinator. If you attend a tutorial in which you are not enrolled
without the prior permission of the Subject Coordinator you will not be eligible for a mark for that
tutorial.

For those students enrolled in an online tutorial we will require video confirmation of your attendance.

These rules will be strictly applied from the outset.

Length: Answers are limited to 600 words. This means you will need to carefully craft your answers.

Be sure you are happy with your answer before you submit to Turnitin. There are no multiple
submissions.

Feedback will be given on the pre-preparation problem at the tutorial. There will be no written
feedback on your worksheets.

The Turnitin portal for submissions will open on the Fridays previous to the relevant tutorials
at 9:00am and close at 9:00am on Tuesday of the relevant tutorial week.

Length: as above.

Due: Via Turnitin by 9:00am of the Tuesday of the relevant tutorial week.

Criteria: Accurately identify legal issues posed in problem-based questions;

Accurately identify matters relevant to answering short-answer questions;
Identify appropriate legal principles
Identify relevant facts;
Provide an appropriate structure for answering questions;
Reflect, evaluate and improve the core skills of legal analysis;
Make informed choices as to how best to manage the task within time-limits

Further Students must undertake the pre-preparation on the worksheets provided on Canvas. An assessment
information: briefing sheet with further information about this assessment task is available via Canvas.

Assessment task 3: Final Exam

Intent: Examine students’ understanding of the real property doctrines and critical analysis and problem
solving skills.

Objective(s): This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

LAW.1.1, LAW.3.1, LAW.4.1, LAW.5.1 and LAW.6.1

Weight: 60%

Task: A final open book examination. This may be take-home depending on Covid rules. More information
will be given closer to the examination date. We will be examining students’ understanding of the real
property doctrines as well as the skills of critical analysis and problem solving. The exam will include,
but is not limited to, short answers and/or problem based questions. All topics may be examinable.

Length: 2 hours (or if take home a longer period will be specified).

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 Length: 2 hours (or if take home a longer period will be specified).

Due: Final Assessment Period

Criteria: Identifies relevant issues (and ignores irrelevant issues);

Identification of the correct legal principles applicable to the question;
Identification of the relevant facts;
Identification of the relevant legal principles;
Application of relevant facts to relevant law;
Appropriate advice provided to client or appropriate conclusion to the question; and
Clear and logical structure and communication in answers and advice

Further Students should note that on the Reading Guide some cases are marked with an *. These are cases
information: we consider to be particularly important. Given this, one question on this exam may be specifically
based on a case marked with an * on the Reading Guide.

Students who receive an overall mark in this subject of between 45 and 49 may be eligible for a
supplementary exam. Please note that this is at the discretion of the Subject Co-ordinator. This
opportunity will only be offered to students who have successfully completed Assessment Tasks 1
and 2. Supplementary assessment will be offered only with respect to the final exam.

Computer and associated hardware theft and/or malfunction is not considered as an excuse for a
student’s inability to access their work or grounds for an extension. UTS offers its students free
Cloud storage for assignments. The onus is on students to always back up their work.

Examination material or equipment

There is one examination in this subject that is open book. Students may bring texts and notes. No electronic
equipment of any kind is permitted.

Minimum requirements
Completing the Avoiding Plagiarism tutorial and quiz on Canvas is a minimum requirement in this subject. Failure to
pass the quiz means that you will fail the subject irrespective of successful completion of the assessment tasks in the
subject. The pass mark for the quiz is 80%. It must be completed BEFORE the submission of your first assessment
piece. If you do not complete the quiz by this timeframe, you will be prevented from submitting your first assessment
task online. If this results in a late submission of your first assessment task, late penalties will apply.

This quiz mark is not included in the final subject mark. You are able to make multiple attempts of the quiz until you
achieve 80% or more.

You MUST access the tutorial and quiz via the Avoiding Plagiarism tab through your Canvas subject site. Do NOT
access the quiz via the Quick Links menu on the Canvas homepage. If you complete the quiz via this link, your mark
will not be recorded on MyGrades and you will be required to re-attempt the quiz.

Required texts
Gray, Foster, Dorsett and Roberts, Property Law in New South Wales, LexisNexis, 4th ed., 2017
Conveyancing Act1919 (NSW)
Real Property Act 1900 (NSW)

References
The tutorial questions and other materials will be uploaded to Canvas. Notices will also be posted to Canvas. Students
are responsible for checking Canvas regularly.

Other resources
Other Materials: Reports, Journals and General References UTS:Law Guide to Written Communication:
http://www.uts.edu.au/sites/default/files/law-form-guide-written-communication.pdf

UTS Library:

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The UTS Library has a wide range of services and resources that you will find useful, including law reports, law
journals, textbooks, and access to online resources at www.lib.uts.edu.au. Relevant materials in this subject may also
be available on Closed Reserve, which is a special borrowing service that allows you to use the material for two hours
or overnight, to ensure the materials are available to many students. Materials on closed reserve are listed in the
library catalogue by Subject and Subject Coordinator. Contact the Law Librarian on 9514 3341.

Canvas:

This subject has a Canvas site ( http://online.uts.edu.au/). The site may include announcements made in lectures,
copies of lecture overheads/slides, and clarifications of administrative and assignment matters. It is the responsibility
of students in this subject to ensure they are registered on Canvas for this subject, and regularly check Canvas for
announcements. If you have difficulty accessing Canvas call the ITD Helpdesk on 9514 2222 or e-mail
[email protected].

UTS Rules:

Students are instructed to read the Rules of the University, especially in relation to the course they are enrolled in. The
Rules are published in the UTS Calendar. The Calendar can be viewed at the UTS Library or on the UTS website:
http://www.gsu.uts.edu.au/rules/index.html.

It is the responsibility of the student to ensure that all course requirements are met. The staff of the Faculty’s Law
Information Office is available to answer any inquiries students may have.

Helpful links:
UTS Noticeboard ( www.uts.edu.au/oth/noticeboard/)
UTS Policies (http://www.gsu.uts.edu.au/policies/index.html)
Faculty of Law Handbook ( http://www.handbook.uts.edu.au/law/index.html)
UTS Staff Directory (http://email.itd.uts.edu.au/webapps/directory/byname/)
UTS web page (http://www.uts.edu.au/)
UTS Faculty of Law web page ( http://www.law.uts.edu.au/)
My Student Admin ( http://www.uts.edu.au/onestop/studentadmin/)

Academic integrity
ACADEMIC MISCONDUCT BY STUDENTS

Some students against whom allegations of academic misconduct are brought say that they did not know or
understand the meaning of misconduct, or that if they did know and understand that they were simply careless or
under pressure. Are you confident that you know and understand the University definition of Student Misconduct? Are
you aware of the penalties if allegations of misconduct are proven?

Allegations of student misconduct are taken seriously by UTS and if proven can lead to penalties that may be relevant
to a student’s application to the Legal Profession Admission Board for admission to the Supreme Court of NSW to
practise as a lawyer.

Academic misconduct penalties may also be relevant to a graduate of the Graduate Diploma in Migration Law and
Practice in applying to the Migration Agents Registration Authority for registration as an Australian Migration Agent.

Academic misconduct includes the following:

cheating or acting dishonestly in any academic assessment (for example, in an exam or an assignment)
assisting or inciting another student to cheat or act dishonestly
plagiarism.

Plagiarism is easy to avoid, and referencing skills are an essential part of your legal education. In some subjects,
referencing and citation skills form part of the marking criteria. It is important that you understand how to avoid
plagiarism and have the practical skills to reference and cite all materials appropriately. Failure to acknowledge the
ideas and/or writing of others, and representing their work as your own is dishonest. If you did not write something
yourself, you need to say who did through a footnote or other obvious and acceptable referencing technique.

Students should note that academics have access to resources that can check for evidence of student plagiarism in
addition to their existing knowledge of the literature on the subject. Online plagiarism prevention is an important way
that you can check your own work prior to submission for any failure to reference sources appropriately. Students are
encouraged to use Turnitin as an opportunity to double-check their work for any potential issues prior to submission.

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encouraged to use Turnitin as an opportunity to double-check their work for any potential issues prior to submission.

If you are confused about referencing skills please consult the University's online resource to help students learn and
practise their referencing skills. It is better to ask if you are confused and reference properly than to risk a penalty which
might form part of your Student Record. Check with your tutor if you have any queries.

Support
The Accessibility and Financial Assistance Service

The Accessibility Service can support students with disabilities, medical or mental health conditions, including
temporary injuries (e.g., broken limbs). The Accessibility Service works with Academic Liaison Officers in each Faculty
to provide ‘reasonable adjustments’ such as exam provisions, assistive technology, requests and strategies for
managing your studies alongside your health condition. If you’re unsure whether you need assistance, we recommend
getting in touch early and we can provide advice on how our service can assist you. Make an appointment with an
Accessibility Consultant (AC) on +61 2 9514 1177 or [email protected].

The Financial Assistance Service can assist you with financial aspects of life at university, including Centrelink
information, tax returns and budgeting, interest-free student loans and grants to assist with course-related costs.
Check eligibility and apply online and make an appointment on +61 2 9514 1177 or [email protected].

Statement about assessment procedures and advice

Late Submission Penalty
Any assessment task (excluding take home exams) submitted after the due date and time, will be either:
rejected without assessment (where the subject outline states that this will be the consequence of an assessment
task being submitted after the due time on the due date) or
penalised by way of loss of marks (five per cent (5%) of the marks for the assessment task will be deducted per day
for assessment tasks submitted after the due date, including Saturdays, Sundays and public holidays).

A penalty for late work will not apply in cases of approved extensions by the subject coordinator. Approved extensions
cannot be made without a request for extension or application for special consideration.

A penalty may not apply after due consideration of any submission (request for extension or application for special
consideration) by the Academic Liaison Officer (ALO), on behalf of students registered with Accessibility Services.

In the absence of compelling circumstances, no application for a request for extension will be accepted after the due
date.

Under no circumstances will assessment tasks be accepted after assessments have been returned to other students.

Final result
Marks of individual assessment components in a subject may be released by the subject coordinator prior to the end of
the Final Assessment period. The final mark for a subject is not determined until after ratification by the Faculty Results
Ratification Committee. After ratification, the final subject assessment results will be released officially in the manner
prescribed by the Provost. The final mark may differ from the initial total marks.

Statement on copyright
Please remember that teaching materials and resources provided to you at UTS are protected by copyright. You are
not permitted to re-use those for commercial purposes (including in kind benefit or gain) without permission of the
copyright owner. Improper or illegal use of teaching materials may lead to prosecution for copyright infringement.

Statement on UTS email account

Email from the University to a student will only be sent to the student's UTS email address. Email sent from a student
to the University must be sent from the student's UTS email address. University staff will not respond to email from
any other email accounts for currently enrolled students.

Disclaimer
Students must read the subject outline and regularly check Canvas for any changes to the subject material and for
announcements throughout the session.

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