Property Law (11281.1)
|Available teaching periods||Delivery mode||Location|
|View teaching periods|| Flexible
|| UC - Canberra, Bruce
|0.125||3||Faculty Of Business, Government & Law|
|Discipline||Study level||HECS Bands|
|Canberra Law School||Level 2 - Undergraduate Intermediate Unit|| Band 4 2021 (Commenced After 1 Jan 2021)
Band 4 2021 (Commenced After 1 Jan Social Work_Exclude 0905)
Band 5 2021 (Commenced Before 1 Jan 2021)
Learning outcomesAfter successful completion of this unit, students will be able to:
1. Identify the characteristics of proprietary interests recognised by common law and equity;
2. Demonstrate understanding of and ability to apply the principles and rules behind the recognition of interests in land, transactions with them, priority between them, and to predict their operation;
3. Demonstrate understanding of legal practice with respect to transactions concerning personal and real property, and its historical and theoretical explanations;
4. Demonstrate an ability to analyse policy underlying rules relating to personal and real property; and
5. Critically examine: a) current socio-legal issues about land based resources, theoretical perspectives and likely directions of law reform; b) some of the international comparative perspectives on real property law and the contributions they could make to law reform; and c) law reform proposals relating to personal and real property.
Graduate attributes1. UC graduates are professional - communicate effectively
1. UC graduates are professional - display initiative and drive, and use their organisation skills to plan and manage their workload
1. UC graduates are professional - employ up-to-date and relevant knowledge and skills
1. UC graduates are professional - take pride in their professional and personal integrity
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
2. UC graduates are global citizens - behave ethically and sustainably in their professional and personal lives
2. UC graduates are global citizens - make creative use of technology in their learning and professional lives
2. UC graduates are global citizens - think globally about issues in their profession
2. UC graduates are global citizens - understand issues in their profession from the perspective of other cultures
PrerequisitesThis unit is only available to students in a Bachelor of Laws course. Students must have passed 11251 Foundations of Law and Justice AND 11277 Contract Law AND 11278 Torts Law.
|Year||Location||Teaching period||Teaching start date||Delivery mode||Unit convener|
|2021||UC - Canberra, Bruce||Semester 2||02 August 2021||Flexible||Dr Cristy Clark|
|2022||UC - Canberra, Bruce||Semester 2||01 August 2022||Flexible||Prof Alison Gerard|
Prescribed Text (it is strongly recommended that you acquire your own copy):
Recommended Texts (you are not expected to acquire any of these, however you might find their approach suits your reading style more and there will be multiple copies on short loan in the library – some are more in-depth and others are more introductory than the prescribed text):
Richard H Bartlett, Native Title in Australia (LexisNexis-Butterworths, 4th ed, 2019)
Michael Bryan, Vicki Vann and Susan Barkehall-Thomas, Equity and Trusts in Australia (Cambridge University Press, 2nd ed, 2017)
Elizabeth Cooke (ed), Modern Studies in Property Law (Hart, 2001 – present)
Rosalind Croucher and Prue Vines, Succession – Families, Property and Death (LexisNexis Butterworths, 5th ed, 2018)
Nuncio D'Angelo, Commercial Trusts (LexisNexis Butterworths, 2014)
Brendan Edgeworth et al, Sackville & Neave – Australian Property Law (LexisNexis-Butterworths, 10th ed, 2016) [‘S&N']
J D Heydon, M J Leeming and P G Turner, Meagher, Gummow & Lehane's Equity - Doctrines and Remedies (LexisNexis-Butterworths, 5th ed, 2014)
Patricia Lane, S Chapple and Derwent Coshott, Sale of Land in New South Wales: Commentary and Materials (Thomson-Reuters Lawbook, 6th ed, 2018)
Joycey Tooher and Bryan Dwyer, Introduction to Property Law (LexisNexis-Butterworths, 5th ed, 2008)
Craig Wappett, Essential Personal Property Securities Law in Australia (LexisNexis-Butterworths, 4th ed, 2018)
Submission of assessment items
Special assessment requirements
General University policy on special assessment requirements applies.
Special assessment, such as extensions and special conditions, should be applied for in writing or email, supported by a justification and evidence.
You are advised to consult the Inclusion and Engagement unit if your claim is based on illness, personal hardship or disability: Inclusion and Engagement
The University of Canberra policy on supplementary assessment applies: Assessment Procedures Policy. To be eligible for supplementary assessment, a student must: be enrolled in their final semester of study; have failed a single unit, with a final mark between 45-49% in the unit; and have passed all other units undertaken in that semester. The failed unit must be the final unit required to complete the academic requirements of their course.
Students are expected to prepare for lectures and tutorials and participate in the tutorials.
There is a strong correlation between participation in tutorials and success in this unit. There is a strong correlation between failure to participate in tutorials and failure to succeed in this unit. Your reward for participating actively in tutorials will be deeper understanding of Property Law and problem-solving with respect to it, leading to stronger results in assessment, especially the final exam. Each student is expected to attend one hour of tutorial work per week held in weeks 2-13. Attendance will be recorded and will form part of the information considered in decision making such as, resolution of results on borderlines between grades, requests for extensions, supplementary assessment, etc.
Tutorial problems and discussion points will be posted with the relevant topic on the corresponding topic page of the unit Canvas site. You are expected to prepare to contribute in tutorials. You should have read material referred to on the relevant Canvas topic pages and in lectures and have thought about how this applies to the problems set for discussion. Preparation increases the level of interaction and enhances the student's enjoyment and level of learning.
If you are unable to attend tutorials because of work commitments, caring obligations, or similar, you should discuss this with the unit convenor.
Required IT skills
The unit Canvas site, accessed over the internet, is a crucial medium for communication in the unit, including lectures and tutorials. All assessment is to be submitted in electronic form. through it Consequently, students need basic computer, internet and word processing skills.
If you feel that you lack these, or any other academic study skills, you should consult the Learning & Academic Success Network: http://www.canberra.edu.au/lasnet
Your participation can be made much easier by –
- purchasing the prescribed text, instead of using a copy on three hour reserve in the library, and
- having access to computing facilities and the internet at home, instead of using only university computer labs.
Work placement, internships or practicums
This is not a WIL unit, however experience through working or volunteering at an organisation involved in property management or transactions will be extremely useful.
Problem solving engaged with during the workshops and tested in the exam involve realistic legal issues that are encountered in legal practice.