Property Law PG (11439.1)
|Available teaching periods||Delivery mode||Location|
|View teaching periods|
|0.125||3||Faculty Of Business, Government & Law|
|Discipline||Study level||HECS Bands|
|Canberra Law School||Post Graduate Level|| 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.
This unit may be co-taught with an undergraduate version of the unit.
Learning outcomesAfter successful completion of this unit, students will be able to:
1. Identify and describe the characteristics of proprietary interests recognised by common law and equity;
2. Apply the principles and rules behind the recognition of interests in land, transactions with them, priority between them, and to predict their operation;
3. Implement legal practice with respect to transactions concerning personal and real property, and its historical and theoretical explanations;
4. 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;
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 - adopt an informed and balanced approach across professional and international boundaries
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
This unit facilitates and nurtures student acquisition of all of the Graduate Attributes, although not all of them will be subject to examination in the assessment tasks of the unit.
PrerequisitesThis unit is only available to student in the Juris Doctor, Master of Laws, Master of Legal Studies, Graduate Diploma in Legal Studies or Graduate Certificate in Legal Studies courses.
Students must have passed 11431 Foundations of Law and Justice G AND
11434 Contract Law G AND
11435 Torts Law G
Equivalent units7234 Property Law G
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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
Extensions & Late submissions
To obtain a pass in Property Law students must complete all of the assessment items, pass the end of semester examination and achieve a total mark of at least 50%.
Student achievement in the unit will be evaluated beside the learning outcomes of the unit (set out above at § 2a) and the assessment criteria set out in the MS-Word format Unit Guide (accessible on the unit Canvas site).
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.
There is a strong correlation between participation in workshops and success in this unit. There is a strong correlation between failure to participate in workshops and failure to succeed in this unit. Your reward for participating actively in workshops 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 workshops 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.
Workshop 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 workshops. 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 because of work commitments, caring obligations, or similar, you should discuss this with the unit convenor.
The expectations in this unit are scaled to the expectations of a law graduate about to enter practical training prior to legal practice - the required learning outcomes of the unit should be understood in this light.
Students are expected to prepare for and participate in the lectures and tutorials. This unit operates under the "flipped classroom" method – it will be expected that the reading prescribed for a topic has been done in advance of the lecture or tutorial.
Required IT skills
The unit Canvas site is a very significant medium of communication for the unit and all assessment is to be submitted in electronic form. Students need basic computer, internet and word processing skills.
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 real-time 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 in workshops and tested in the exam involve realistic legal issues that are encountered in legal practice.