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

LAW5213 Advanced Property and Trusts A

Semester 1, 2022 Online
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 4
Grading basis : Graded
Version produced : 27 June 2022

Staffing

Examiner: Sarah Butcher

Requisites

Pre-requisite: LAW5123

Overview

This is a core course in the Juris Doctor program. [Together with LAW5223 Advanced Property and Trusts B] it is approved by the Legal Practitioners Admissions Board (Qld) and the Chief Justice of Queensland as meeting the property area of knowledge under the Supreme Court (Admission) Rules 2004 (Qld) and therefore deals with elements of property, specifically: meaning and purposes of the concept of property; possession, seisin and title; nature and type (i.e. fragmentation) of proprietary interests; creation and enforceability of proprietary interests; legal and equitable remedies; statutory schemes of registration; and acquisition and disposal of proprietary interests.

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.

Course learning outcomes

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

  1. Demonstrate an advanced and integrated understanding [apply and evaluate] of a complex body of knowledge [relevant to property law], and underlying principles and concepts; and the broader contexts within which legal issues arise [in this area] (PO1/TLO1).
  2. Demonstrate an ability to recognise and reflect upon, and a developing ability to respond to, ethical issues likely to arise in professional contexts, and a developing ability to exercise professional judgment (PO2/TLO2).
  3. Identify and articulate complex legal issues [relevant to property law]; [comprehend legal and other materials]; apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues; engage in critical analysis and make reasoned and appropriate choices amongst alternatives; and demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses (PO3/TLO3).
  4. Demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research in an ethical manner, evaluate and synthesise factual, legal and policy issues [relevant to property law] (PO4/TLO4).
  5. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
  6. Reflect on and articulate Aboriginal and Torres Strait Islander perspectives in [property law] in order to develop an understanding of Aboriginal and Torres Strait Islander cultures, values, histories and contributions to Australian society, demonstrate an appreciation of Aboriginal and Torres Strait Islander legal issues [in property law] and critically reflect on the responsiveness of western law to Indigenous histories, values and needs (PO8).

Topics

Description Weighting(%)
1. Meaning and purposes of the concept of property [Admission Rules 4(1)] 15.00
2. Possession, seisin and title [Admission Rules 4(2)] 15.00
3. Nature and type (i.e. fragmentation) of proprietary interests [Admission Rules 4(3)] 20.00
4. Creation and enforceability of proprietary interests [Admission Rules 4(4)] 10.00
5. Legal and equitable remedies [Admission Rules 4(5)] 20.00
6. Statutory schemes of registration [Admission Rules 4(6)] 10.00
7. Acquisition and disposal of proprietary interests [Admission Rules 4(7)] 10.00

Text and materials required to be purchased or accessed

Bradbrook, A, MacCallum, SV, Moore, AP, Grattan S & Griggs, L Latest edn, Australian real property law, Thomson Reuters, Rozelle, New South Wales.
(This book can be accessed via the USQ Library.)
Chambers, R Latest edn, An introduction to property law in Australia, Thomson Reuters, Pyrmont, New South Wales.
(This book can be accessed via the USQ Library.)
Edgeworth, BJ, Rossiter, CJ, Stone, MA & O'Connor, PA, Latest edn, Sackville and Neave Australian property law, LexisNexis Butterworths, Chatswood, New South Wales.
(This book can be accessed via the USQ Library.)
Hepburn, S Latest edn, Australian property law: cases, materials and analysis, LexisNexis Butterworths, Chatswood, New South Wales.
(This book can be accessed from the USQ Library.)
Wallace, A, Weir, M & McCrimmon, L Latest edn, Real property law in Queensland, Thomson Reuters (Professional), Pyrmont, New South Wales.
(This book can be accessed from the USQ Library.)
LexisNexis AU [electronic database]: Australian Property Law Journal - accessible via USQ Library Databases.

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Description Weighting (%) Course learning outcomes
ONLINE TEST 1 20 1,2,3,4,5
RESEARCH ASSIGNMENT 40 1,3,4,5,6
ONLINE TEST 2 40 1,2,3,4,5,6
Date printed 27 June 2022