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The current and official versions of the course specifications are available on the web at http://www.usq.edu.au/course/specification/current.
Please consult the web for updates that may occur during the year.

LAW2213 Property and Trusts A

Semester 1, 2019 Online
Short Description: Property and Trusts A
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 3
ASCED code : 090900 - Law
Grading basis : Graded
Version produced : 23 May 2019

Staffing

Examiner: Liam Scott

Requisites

Pre-requisite: {(LAW1111 and LAW1112) or LAW1201} and LAW1113 and LAW1123

Other requisites

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.

Rationale

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.

This is a core course in the Bachelor of Laws program. The content is required study under the guidelines of the Legal Practitioners Admission Board. It is necessary for students wishing to seek admission to practise law to understand the fundamental aspects of Property Law and Trusts (including the responsibilities and liabilities of all those involved in this structure).

Synopsis

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.

Objectives

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

  1. demonstrate academic and professional literacy skills by identifying, describing and evaluating the general policies underlying the law of property in Australia
  2. describe how law protects various property interests
  3. demonstrate an understanding of how property is created, transferred and secured
  4. outline the resolution of disputes involving competing proprietary interests
  5. understand the fragmentation of property rights and the existence of differing proprietary interests
  6. display a fundamental knowledge of the essential concepts
  7. demonstrate satisfactory skills in:
    1. legal problem-solving
    2. comprehension of legal and other materials
    3. analytical and critical thinking – including analysis of law and facts
    4. 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
    5. written and oral communication
    6. legal writing and research
    7. statutory interpretation.
  8. Within the range of outcomes above, students should also be able to demonstrate the following graduate attributes:
    1. 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
    2. 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
    3. 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
    4. communication skills; the ability to communicate effectively, appropriately and persuasively for the relevant context.

Topics

Description Weighting(%)
1. Meaning and purposes of the concept of property (theoretical basis and historical development of property, real and personal, new forms of property) 15.00
2. Possession and title (including co-ownership, finding and bailment) 15.00
3. Creation of proprietary interests 10.00
4. Fixtures (including encroachments and boundaries) 15.00
5. Crown leasehold 10.00
6. Native title 15.00
7. Statutory schemes of registration (Torrens title). 20.00

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://omnia.usq.edu.au/textbooks/?year=2019&sem=01&subject1=LAW2213)

Please contact us for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)

Hepburn, S 2017, Australian property law: cases, materials and analysis, 4th edn, LexisNexis Butterworths, Chatswood, New South Wales.
Wallace, A, Weir, M & McCrimmon, L 2015, Real property law in Queensland, 4th edn, Thomson Reuters (Professional), Pyrmont, New South Wales.

Reference materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
Bradbrook, A, MacCallum, SV, Moore, AP, Grattan S & Griggs, L 2016, Australian real property law, 6th edn, Thomson Reuters, Rozelle, New South Wales.
Chambers, R 2018, An introduction to property law in Australia, 4th edn, Thomson Reuters, Pyrmont, New South Wales.
Edgeworth, BJ, Rossiter, CJ, Stone, MA & O'Connor, PA 2016, Sackville and Neave Australian property law, 10th edn, LexisNexis Butterworths, Chatswood, New South Wales.
LexisNexis AU [electronic database]: Australian Property Law Journal - accessible via USQ Library Databases.

Student workload expectations

Activity Hours
Assessments 40.00
Directed Study 50.00
Private Study 75.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
ASSIGNMENT 1 100 50 09 May 2019
ASSIGNMENT 2 100 50 11 Jun 2019

Important assessment information

  1. Attendance requirements:
    Online: There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

    On-campus: 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 accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

  2. 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.)

  3. Penalties for late submission of required work:
    Students should refer to the Assessment Procedure http://policy.usq.edu.au/documents.php?id=14749PL (point 4.2.4)

  4. 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.

  5. 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.

  6. Examination information:
    There is no examination in this course.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Not applicable.

  8. 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.

Assessment notes

  1. Referencing in assignments:
    Students studying this course as part of a Bachelor of Laws must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in a Bachelor of Laws 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.

  2. Assignment submission:
    1. Students may be required to submit assignments electronically.
    2. Students may be required to use Turnitin.