LAW5703 Advanced Property Law A
|Semester 1, 2013 On-campus Toowoomba|
|Faculty or Section :||Faculty of Business and Law|
|School or Department :||School of Law|
|Version produced :||21 July 2014|
Examiner: Liam Scott
Moderator: Mark Byrne
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.
Queensland has a specialised legal system relating to Property Law which is an integral part of legal process in Queensland. As such, understanding Property Law is a crucial part of fully understanding the law generally. Students will be challenged to consider objects as more than just physical items of property, but as a reflection of a complex set of legal rights in relation to the item itself, including the position of owners and any third party which might have an interest in the item or any person to whom it might be transferred. The distinction between legal and equitable interests in considering the legal effect of that “bundle of rights” will be carefully and practically considered as those different rights have historical significance that retains practical importance to this day.
Possession and transfer of property of all types has been and continues to be a source of wealth and the primary activity of commercial and private endeavour. The legal rules that determine how these transactions take place are vital for ensuring stability. This course is designed to introduce students to the concepts of property and basic principles of property law. Students will gain an awareness of concepts of real and personal property and principles governing the possession, creation and transfer of interests in property, tenures and estates in co-ownership. The recognition of native title and subsequent case law and legislation will be examined, as will concepts of Crown land and leasehold. Students will debate contemporary property law issues.
On successful completion of this course, students should be able to:
- demonstrate academic and professional literacy skills by identifying, describing and evaluating the general policies underlying the law of property in Australia
- describe how law protects various property interests
- demonstrate an understanding of how property is created, transferred and secured
- outline the resolution of disputes involving competing proprietary interests
- understand the fragmentation of property rights and the existence of differing proprietary interests
- display a fundamental knowledge of the essential concepts
- critically analyse the operation of native title
demonstrate satisfactory skills in:
- legal problem-solving
- comprehension of legal and other materials
- analytical and critical thinking – including analysis of law and facts
- logical analysis and reasoning in the presentation of legal and other arguments, including the application of law to factual scenarios in the presentation of solutions to legal issues and problems
- written and oral communication
- legal writing and research
- understanding of local and national perspectives in law and related areas, including indigenous, multicultural and gender perspectives
- statutory interpretation.
Within the range of outcomes above, students should also be able to demonstrate the following graduate attributes:
- knowledge which includes the fundamental principles of property law as taught in this course, and underlying principles and concepts, including indigenous perspectives; the broader contexts within which legal issues arise, including the ability to critically evaluate and examine the broader context within which legal issues arise, including, for example, the political, social, historical, philosophical and economic context
- thinking skills which include the ability to identify and articulate legal issues; comprehend legal and other materials; apply legal reasoning and research to generate appropriate responses to legal issues; engage in critical analysis and make a reasoned choice amongst alternatives; think creatively in approaching legal issues and generating appropriate responses; and to apply principles of statutory interpretation to interpret statutory instruments
- research skills, being the intellectual and practical skills needed to identify, research in an ethical manner, evaluate and synthesise relevant factual, legal and policy issues
- communication skills; the ability to communicate effectively, appropriately and persuasively for the relevant context.
|1.||Concepts of property including the theoretical basis for property law, the historical development of property law, the distinction between real and personal property and new forms of property||10.00|
|2.||The concept of land||10.00|
|3.||Possession and title (including finding and bailment)||20.00|
|4.||Tenures and estates||10.00|
|7.||Legal and equitable interests||15.00|
Text and materials required to be purchased or accessed
ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://bookshop.usq.edu.au/bookweb/subject.cgi?year=2013&sem=01&subject1=LAW5703)
Please contact us for alternative purchase options from USQ Bookshop. (https://bookshop.usq.edu.au/contact/)
MacDonald, C, McCrimmon, L, Wallace, A & Weir, M 2010, Real property law in Queensland, 3rd edn, Thomson Reuters (Professional), Rozelle, New South Wales.
Bradbrook, AJ, Moore, AP, MacCallum, SV & Grattan, S 2011, Australian real property law, 5th edn, Thomson Reuters, Rozelle, New South Wales.
Chambers, R 2008, An introduction to property law in Australia, 2nd edn, Lawbook Co, Pyrmont, New South Wales.
Edgeworth, BJ, Rossiter, CJ, Stone, MA & O'Connor, PA 2012, Sackville and Neave Australian property law, 9th edn, LexisNexis Butterworths, Chatswood, New South Wales.
Hepburn, S 2012, Australian property law: cases, materials and analysis, 2nd edn, LexisNexis Butterworths, Chatswood, New South Wales.
LexisNexis AU [electronic database]: Australian Property Law Journal - accessible via USQ Library Databases.
Student workload requirements
|Lectures and Tutorials||44.00|
|Description||Marks out of||Wtg (%)||Due Date||Notes|
|ONLINE TEST||10||0||21 Mar 2013|
|ESSAY (FUNDAMENTAL CONCEPTS)||100||50||23 Apr 2013|
|2-HOUR EXAMINATION||50||50||End S1||(see note 1)|
- The examination is scheduled to be held in the end-of-semester examination period. Students will be advised of the official examination date after the timetable has been finalised.
Important assessment information
It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be assessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)
Penalties for late submission of required work:
If students submit assignments after the due date without prior approval of the examiner, then a penalty of 5% of the total marks gained by the student for the assignment may apply for each working day late up to ten working days at which time a mark of zero may be recorded.
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the weighted aggregate of the marks (or grades) obtained for each of the summative assessment items in the course.
This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination.
Examination period when Deferred/Supplementary examinations will be held:
Any Deferred or Supplementary examinations for this course will be held during the next examination period.
University Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au.
Referencing in assignments: Students studying this course as part of the Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in the Juris Doctor may use either Harvard (AGPS) or the AGLC style in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing, or contact the Law librarian. The AGPS style to be used is defined by the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing.
Assignment submissions: (i) Students may be required to submit assignments via EASE or other method for electronic submission of assignments. (ii) Students may be required to use Turnitin.
Computer, e-mail and Internet access: Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.