Property Law (11281.2)
|Available teaching periods
|View teaching periods
| Bruce, Canberra
|Faculty Of Business, Government & Law
|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)
This unit is a compulsory unit in the law degree program. Property Law is a foundation stone of many areas of legal practice. The workshop/tutorial program builds toward the practical problem-solving challenges posed in the final exam, which are themselves realistic problems encountered in legal practice.
Learning outcomesAfter successful completion of this unit, students will be able to:
1. Analyse and explain the meaning and purposes of the concept of property, Indigenous law and relationships to Country, and current practice with respect to Native Title;
2. Identify the characteristics of proprietary interests, concurrent proprietorship and their relationship to remedies recognised by common law and equity, and classify their position on the traditional spectrum of estates and interests;
3. Apply the principles behind the recognition of proprietary interests, transactions with them, and priority between them, and predict their operation generally and with respect to land within the statutory structure of land title registration;
4. Scrutinise legal practice and policy with respect to transactions concerning personal and real property, and its historical and theoretical explanations; and
5. Critically evaluate current socio-legal issues about land-based resources, theoretical perspectives and likely directions of law reform, and international comparative perspectives.
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
3. UC graduates are lifelong learners - evaluate and adopt new technology
3. UC graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
3. UC graduates are lifelong learners - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development
4. UC graduates are able to demonstrate Aboriginal and Torres Strait Islander ways of knowing, being and doing - apply their knowledge to working with Indigenous Australians in socially just ways
4. UC graduates are able to demonstrate Aboriginal and Torres Strait Islander ways of knowing, being and doing - communicate and engage with Indigenous Australians in ethical and culturally respectful ways
4. UC graduates are able to demonstrate Aboriginal and Torres Strait Islander ways of knowing, being and doing - use Indigenous histories and traditional ecological knowledge to develop and augment understanding of their discipline
Prerequisites11277 Contract Law AND 11278 Torts Law AND 11251 Foundations of Law and Justice
CorequisitesThis unit is only available to students in a Bachelor of Laws course.
Incompatible units11439 Property Law PG
Equivalent units7050 Property Law
|Teaching start date
|29 July 2024
|Dr Ivana Damjanovic
Prescribed Text (it is strongly recommended that you acquire your own copy):
Robert Chambers, Introduction to Property Law (Thomson-Reuters Lawbook, 4th ed, 2019)
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):
Brendan Edgeworth et al, Sackville & Neave, Australian Property Law (LexisNexis-Butterworths, 11th ed, 2020)
Samantha Hepburn, Australian Property Law: Cases, Materials and Analysis (LexisNexis-Butterworths, 5th ed, 2020)
Michael Nancarrow, Penny Carruthers, Steven White, Christopher Boge, Dominic Cudmore, Astrid Di Carlo, Australian Property Law: Principles to Practice (Cambridge University Press, 2022).
Anthony Moore, Scott Grattan and Lynden Griggs, Australian Real Property Law (Thomson-Reuters Lawbook, 7th ed, 2020)
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)
J D Heydon, M J Leeming and P G Turner, Meagher, Gummow & Lehane's Equity - Doctrines and Remedies (LexisNexis-Butterworths, 5th ed, 2014)
Rosalind Croucher and Prue Vines, Succession – Families, Property and Death (LexisNexis Butterworths, 5th ed, 2018)
Elizabeth Cooke (ed), Modern Studies in Property Law (Hart, 2001 – present)
Submission of assessment items
Extensions & Late submissions
Late submissions will only be accepted for seven days, and late submission mark deductions will apply. If more than one late submission is made within that period, only the first late submission will be accepted for marking and may be subject to penalties as detailed in the Assessment Procedures. Assignments submitted after this period will not be marked.
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 have a responsibility to uphold University standards on ethical scholarship. Good scholarship involves building on the work of others and use of others' work must be acknowledged with proper attribution made. Cheating, plagiarism, and falsification of data are dishonest practices that contravene academic values. Refer to the University's Student Charter for more information.
To enhance understanding of academic integrity, all students are expected to complete the Academic Integrity Module (AIM) at least once during their course of study. You can access this module within UCLearn (Canvas) through the 'Academic Integrity and Avoiding Plagiarism' link in the Study Help site.
Use of Text-Matching Software
The University of Canberra uses text-matching software to help students and staff reduce plagiarism and improve understanding of academic integrity. The software matches submitted text in student assignments against material from various sources: the internet, published books and journals, and previously submitted student texts.
Students are expected to prepare for lectures and tutorials and participate in the tutorials.
There is a strong correlation between participation in workshops/tutorials and success in this unit. There is also a strong correlation between failure to participate in workshops/tutorials and failure to succeed in this unit. Workshops are designed to build skills relevant for assessments and examination, thus attending and actively participating in the workshops/tutorials is recommended to position you for success in this unit. Each student is expected to attend two hours of workshop/tutorial 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, or requests for extensions.
Workshop/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 during workshops/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 workshops/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.