Property Law PG (11439.2)

This unit introduces graduate students to the law of property.

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 outcomes

After 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 attributes

1. 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
2. UC graduates are global citizens - understand issues in their profession from the perspective of other cultures
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 - evaluate and adopt new technology
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

Skills development

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.

Prerequisites

11751 Legal Methods and Skills G AND 11752 Legal Systems G

Corequisites

This 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 units

11281 Property Law

Equivalent units

7234 Property Law G

Assumed knowledge

None.