Property Law PG (11439.2)
|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||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)
Property is a foundation of many areas of legal practice. Interests in property, especially in land, that are recognised by the law, transactions with them, and disputes about them, are the subject area of this unit. The use of land-based resources has special social, cultural and economic meaning and this is reflected in the law that regulates access to land through the various proprietary interests that may be held in it. Disputes about access to land, whether physical, economic or other access, consequently manifest themselves as legal disputes about these proprietary interests and transactions with them.
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. Synthesise and 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. Critique 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 - 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.
Prerequisites11751 Legal Methods and Skills G AND 11752 Legal Systems G
CorequisitesThis unit is only available to students in the Juris Doctor, Master of Laws, Master of Legal Studies and Graduate Diploma in Legal Studies courses.
Incompatible units11281 Property Law
Equivalent units7234 Property Law G
|Year||Location||Teaching period||Teaching start date||Delivery mode||Unit convener|
|2022||UC - Canberra, Bruce||Semester 2||01 August 2022||Flexible||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):
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)
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 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 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.