LAWS12065 - Foundations of Property Law
Term 1 - 2017


All details in this unit profile for LAWS12065 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student). The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.

Overview

This unit introduces students to the conceptual and philosophical foundations of the law of property in Australia. The unit covers both personal property and an introduction to interests in real property. A core aim of the unit is to develop an understanding of a 'proprietary interest' and the different types of interests in property which Australian law recognises. The unit includes coverage of the the regulation of personal property interests under the Personal Property Securities Act 2009 (Cth). This unit is intended to be the first of two core property law units for students enrolled in the LLB course. The other will be a unit on Land law. This unit traverses the following themes: conceptual foundations of 'property'; personal property (including ownership and possessory title); the regulation of personal property security interests under the Personal Property Securities Act 2009 (Cth); doctrine of tenure and estates; Indigenous property rights and Native Title; principles governing the creation and disposal and enforcement of rights to property; nature and classification of statutory, legal and equitable interests in property (including personal property and an introduction to interests in land) and the regulatory regime for resolving competing claims to property under the general law.

Details

Career Level Undergraduate
Unit Level Level 2
Credit Points 6
Student Contribution Band 3
Fraction of Full-Time Student Load 0.125

Pre-requisites or Co-requisites

Pre-requisites:

LAWS11057 Introduction to Law; and

LAWS11059 Statutory Interpretation

Co-requisites

LAWS 12056 Equity

and

24 units of credit (4 units) in the LLB course.

Attendance Requirements

All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Offerings

Term 1 - 2017
  • Distance

Website

This unit has a website, within the Moodle system, which is available two weeks before the start of term. It is important that you visit your Moodle site throughout the term. Go to Moodle

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Class Timetable

Assessment Overview

Assessment Task Weighting
1. Portfolio 20%
2. Presentation and Written Assessment 30%
3. Written Assessment 50%

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Procedures for more details of interim results and final grades.

All University policies are available on the IMPortal.

You may wish to view these policies:

  • Grades and Results Procedure
  • Assessment Policy and Procedure (Higher Education Coursework)
  • Review of Grade Procedure
  • Academic Misconduct Procedure
  • Monitoring Academic Progress (MAP) Policy and Procedure – Domestic Students
  • Monitoring Academic Progress (MAP) Policy and Procedure – International Students
  • Refund and Excess Payments (Credit Balances) Policy and Procedure
  • Student Feedback – Compliments and Complaints Policy and Procedure
  • Acceptable Use of Information and Communications Technology Facilities and Devices Policy and Procedure

This list is not an exhaustive list of all University policies. The full list of University policies are available on the IMPortal.

Feedback, Recommendations and Responses

Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Feedback Source Recommendation
Readings and prescribed materials Student evaluation Further review of the range of materials especially the number of required texts will be undertaken.
Assessments were ambiguous and the e-portfolio assessment was not well suited to a law course Student evaluation Enhanced clarity around the 20% portfolio assessment will be undertaken combined with a with a more practical focus.
Feedback and return of assessments Student evaluation Attention to timely return of assessments and a balanced approach to feedback will undertaken around the existing rubric strategy.
Clarification of complex concepts and materials Student evaluation Further practical strategies will be implemented including for example through the use of whiteboard explanations to assist learning and understanding with a more practical focus.
E-Portfolio Self-reflection This was introduced for the first time in 2015 and will be refined and better explained in the next offering of the course.
On successful completion of this unit, you will be able to:
  1. Comprehend the meaning and purpose of the concept of property and property rights.
  2. Compare and contrast features of Australian property law under the common law system with aspects of the South African mixed legal system.
  3. Analyse the nature and type of various proprietary interests including for indigenous peoples.
  4. Critique the methods and processes for creating, disposing and enforcing proprietary interests.
  5. Apply the scheme for registering interests in property under the Personal Property Securities Act 2009 (Cth).
  6. Manage the student’s study workload through review exercises and unit participation strategies to ensure the timely delivery of high quality analysis.

This unit satisfies in part the Legal Practitioner's Admission Board requirements in property law.

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4 5 6
1 - Portfolio
2 - Presentation and Written Assessment        
3 - Written Assessment      

Alignment of Graduate Attributes to Learning Outcomes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
Graduate Attributes Learning Outcomes
1 2 3 4 5 6
1. Communication
2. Problem Solving
3. Critical Thinking
4. Information Literacy    
5. Team Work          
6. Information Technology Competence          
7. Cross Cultural Competence        
8. Ethical practice            

Alignment of Assessment Tasks to Graduate Attributes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8
1 - Portfolio
2 - Presentation and Written Assessment    
3 - Written Assessment  

Prescribed Textbooks

An Introduction to Property Law in Australia
Author/s: Robert Chambers Year: 2013
Edition: 3rd Publisher: Thomson Reuters Lawbook Co
City: Pyrmont State: NSW
Country: Australia
QRC Personal Property Security Act
Author/s: Mirzai Year: 2012
Edition: 1st Publisher: LexisNexis Butterworths
City: Chatswood State: NSW
Country: Australia
Australian Property Law: Commentary & Materials
Author/s: A Moore, S Grattan and L Griggs Year: 2016
Edition: 5th Publisher: Thomson Reuters Lawbook Co
City: Pyrmont State: NSW
Country: Australia
View textbooks at the CQUniversity Bookshop

Other Resources

These are not compulsory, but may assist you:
Australian Real Property Law
Author/s: A Bradbrook, S MacCallum, A Moore and S Grattan Year: 2016
Edition: 6th Publisher: Thomson Reuters Lawbook Co
City: Pyrmont State: NSW
Country: Australia
QRC Personal Property Law
Author/s: Samantha Hepburn Year: 2015
Edition: 1st Publisher: LexisNexis Butterworths
City: Chatswood State: NSW
Country: Australia
Australian Personal Property Securities Law
Author/s: A Duggan and D Brown Year: 2016
Edition: 2nd Publisher: LexisNexis Butterworths
City: Chatswood State: NSW
Country: Australia
Other resources may be available at CQUniversity Library. Note:

NB: Australian Property Law: Commentary and Materials and Australian Real Property Law are prescribed for both:

LAWS12065 Foundations of Property Law and

LAWS12066 Land Law

QRC Personal Property Law and QRC Personal Property Securities Act are laminated Quick Reference Cards to the Personal Property Security Act 2009 (Cth) and personal property law and will cost about $18 and $19 directly from the publisher.

QRC Personal Property Securities Act is an excellent ready reckoner to this complex but important legislation which now underpins personal property security law in Australia


NB: Purchase E-books through the Thomson Reuters website http://www.thomsonreuters.com.au/

PROMO CODE of: CQU017 to be set up, this will be available from 21st November through until late October 2017. Students can use this code for a 20% discount off


· Casebook
· Textbook
· Chambers text
Either hard copies or ebooks.

When the PROMO CODE is input when purchasing online the student will receive a 20% discount. Without the promo code you will pay full price.

Chambers, An Introduction to Property Law in Australian, 3rd ed (2013) , is also available as an eBook on Thomson Reuters ProView


NB: For purchase of Duggan and Brown published by LexisNexis

Australian Personal Property Securities Law, 2nd edition, Duggan & Brown offers clear, concise commentary on the legislation and its implementation, implications and impact. For further details about the text please take a look at the attached PDF file.

Order either the hardcopy text or the eBk of Duggan & Brown Australian Personal Property Securities Law, 2nd edition, and receive 25% discount by using the PROMO CODE below:

PROMO CODE: CQUPP20

Promotion details:

· Choice of hardcopy text or eBook

· 9780409342635 (Australian Personal Property Securities Law 2nd edition (hardcopy text), Duggan & Brown)

· 9780409342659 (Australian Personal Property Securities Law 2nd edition (eBook), Duggan & Brown)

· Promotion Start date: 1/12/2016

· Promotion End date: 31/03/2017

To order, copy these links into your browser. They will take you to the LexisNexis eStore:

For the hardcopy text:

https://store.lexisnexis.com.au/product?product=australian-personal-property-securities-law-2nd-edition&meta_F_and=9780409342635

For the eBook:

https://store.lexisnexis.com.au/product?product=australian-personal-property-securities-law-2nd-edition-ebook&meta_F_and=9780409342659

When the PROMO CODE is entered into the required cell at the checkout page, you will receive the hardcopy text or the eBook at 25% discount.

Note that the Online Store gives the following warning on compatibility:

IMPORTANT NOTICE:
Please choose your device carefully and only download your eBook to the device on which you intend to read it. eBooks cannot be moved from one device to another and are only compatible with the following software:

PC Users: Adobe Digital Editions
iPad or iPhone: Bluefire Reader

Not compatible with Mac OS X operating systems
Not compatible with MacBook Air, Kobo eReader, and Microsoft Surface

* eBooks will be fulfilled in one to two business days.

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Zoom Google based software available for download over the internet
All submissions for this unit must use the Australian Guide to Legal Citation, 3rd ed referencing style (details can be obtained here). For further information, see the Assessment Tasks below.
Unit CoordinatorMichael Nancarrow (m.nancarrow@cqu.edu.au)
Note: Check the Term-Specific section for any additional contact information provided by the teaching team
Week Begin Date Module/Topic Chapter Events and Submissions
Week 1 06-03-2017

Topic 1: Concept of Property

A Moore, S Grattan and L Griggs, Australian Property Law: Cases and Materials, (5th ed, 2016), Ch 1.

Chambers, Property Law in Australia, (3 rd ed, 2013), Chapters 1-3 and 5.

Week 2 13-03-2017

Topic 2: Differing Perspectives on Property

A Moore, S Grattan and L Griggs, Australian Property Law: Cases and Materials, (5th ed, 2016), Ch 1.

Chambers, Property Law in Australia, (3rd ed, 2013), Chapter 4.

Week 3 20-03-2017

Topic 3: Possession

A Moore, S Grattan and L Griggs, Australian Property Law: Cases and Materials, (5th ed, 2016), Ch 3.

Chambers, Property Law in Australia, (3rd ed, 2013), Chapters 6-8.

Week 4 27-03-2017

Topic 4: Personal Property

A Moore, S Grattan and L Griggs, Australian Property Law: Cases and Materials, (5th ed, 2016), Ch 4.

Chambers, Property Law in Australia, (3rd ed, 2013), Chapters 8-10.

Week 5 03-04-2017

Topic 5: Personal Properties Securities Act 2009 (Cth)

A Moore, S Grattan and L Griggs, Australian Property Law: Cases and Materials, (5th ed, 2016), Ch 4 and 8 ( numbered paragraphs discussing with PPSA and security interests in personal property and goods)

Chambers, Property Law in Australia, (3rd ed, 2013), Chapters 30-31.

Portfolio Due Friday (07 Apr 17) 09:00 PM AEST
Vacation Week 10-04-2017
Week 6 17-04-2017

Topic 6: Tenures and Estates

A Moore, S Grattan and L Griggs, Australian Property Law: Cases and Materials, (5th ed, 2016), Ch 2 (the numbered paragraphs dealing with land tenure and estates only).

Chambers, Property Law in Australia, (3rd ed, 2013), Ch 11-12.

Week 7 24-04-2017

Topic 7: Public Land (State Land in Queensland), Indigenous Land Rights and Native Title

A Moore, S Grattan and L Griggs, Australian Property Law: Cases and Materials, (5th ed, 2016), Ch 7 (The NTA will be introduced but covered again in LAWS12066).

Chambers, Property Law in Australia, (3rd ed, 2011), Chapters 19.

Week 8 01-05-2017

Topic 8: Fragmentation of Legal and Equitable (beneficial) ownership; General Law priorities

A Moore, S Grattan and L Griggs, Australian Property Law: Cases and Materials, (5th ed, 2016), Ch 2 (the numbered paragraphs dealing with equitable interests and priorities under under the general land law system).

Chambers, Property Law in Australia, (3rd ed, 2013), Ch 13, 27-29.

Practical skills assessment Due Friday (05 May 17) 11:45 PM AEST
Week 9 08-05-2017

Topic 9: Disposing of Interests in Property

A Moore, S Grattan and L Griggs, Australian Property Law: Cases and Materials, (5th ed, 2016), Ch Ch 9.

Chambers, Property Law in Australia, (3rd ed, 2013), Ch 20-21 and 23.

Week 10 15-05-2017

Topic 10: Defeasible Transactions

A Moore, S Grattan and L Griggs, Australian Property Law: Cases and Materials, (5th ed, 2016), Ch 10.

Chambers, Property Law in Australia, (3rd ed, 2013), Ch 23.

Week 11 22-05-2017

Topic 11: Changes to Property

A Moore, S Grattan and L Griggs, Australian Property Law: Cases and Materials, (5th ed, 2016), Ch 16.

Chambers, Property Law in Australia, (3rd ed, 2013), Chapters 26.

Week 12 29-05-2017

Course Review

Review/Exam Week 05-06-2017
Written Assessment Due Wednesday (07 Jun 17) 11:45 PM AEST
Exam Week 12-06-2017

1 Portfolio

Assessment Title Portfolio
Task Description

This assessment contributes to you creating and building a professional electronic portfolio as directed by your course coordinator. This portfolio assessment will focus on developing a curated artefact in property law. You will be required to:

Choose a property law topic of interest to you or from topics provided.

You will be required to present your chosen topic in a way that non-lawyers can understand

Show curated evidence in relation to the chosen topic

Explain links between conceptual ideas and legal developments and reforms

Explain the practical application of your topic as it impacts on real world events or issues.

This assessment must include a video or audio recording unless otherwise negotiated with the course co-ordinator.
This total assessment item is the labour equivalent of a 1000 word written essay.

Specific question information and submission details will be be available to students via the Moodle course website.

Assessment Due Date Week 5 Friday (07-Apr-2017) 09:00 PM AEST
Return Date to Students Week 8 Monday (01-May-2017)
Weighting 20%
Assessment Criteria

  • Professional presentation
  • Creation of an artefact as the method of recording and communicating your topic in property law evidencing capabilities
  • Curation of portfolio content explaining and justifying your approach to the topic
  • Reflective thinking evidenced in professional statements in relation to the chosen topic
  • Ability to use technology including embedding a video or audio recording
Referencing Style Australian Guide to Legal Citation, 3rd ed
Submission Online

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Comprehend the meaning and purpose of the concept of property and property rights.

2. Compare and contrast features of Australian property law under the common law system with aspects of the South African mixed legal system.

3. Analyse the nature and type of various proprietary interests including for indigenous peoples.

4. Critique the methods and processes for creating, disposing and enforcing proprietary interests.

5. Apply the scheme for registering interests in property under the Personal Property Securities Act 2009 (Cth).

6. Manage the student’s study workload through review exercises and unit participation strategies to ensure the timely delivery of high quality analysis.

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Communication

2. Problem Solving

3. Critical Thinking

4. Information Literacy

5. Team Work

6. Information Technology Competence

7. Cross Cultural Competence

8. Ethical practice



2 Presentation and Written Assessment

Assessment Title Practical skills assessment
Task Description

The practical skills assessment will assess material and concepts covered in Topics 4-5: personal property and the Personal Property Securities Act 2009 (Cth) (PPSA) regime.

The questions will test understanding and comprehension of key concepts and law governing personal property and the Commonwealth Personal Property Security legislation.

This will be tested though a problem-solving scenario where students will be required to both analyse the relevant legal framework and practically apply that understanding.

In particular, students will be given the opportunity to reflect their applied learning in relation to the PPSA regime and the process of registering a security interest in property interests governed by the PPSA.


This assessment will be able to be completed optionally in groups of up to 4 members per group.

This assessment will have an optional multimedia component (ie part of the assessment can be completed through a video or audio recording)

Specific question information and submission details will be be available to students via the Moodle course website.


Assessment Due Date Week 8 Friday (05-May-2017) 11:45 PM AEST
Return Date to Students Week 12 Monday (29-May-2017)
Weighting 30%
Assessment Criteria

These criteria are a general guide as to the standard expected at the various levels. It is not necessarily the case that all these criteria will be met at a particular standard as there may be a superior performance on one of the criteria and not so satisfactory performance on another. These criteria apply to questions requiring a written response.

High distinction standard

  • The answer is very well written and clearly expressed
  • There is a demonstrated appreciation and understanding of the issues involved
  • Demonstrated mastery of referencing system
  • Conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues

Distinction standard

  • The answer is well written and expressed
  • The answer is structured and logical
  • The issues have been reasonably well identified and appreciated
  • There is correct use of referencing
  • Issues have been analysed and reference is made to all appropriate legislation and case law , although the analysis and interpretation is not as detailed and reasoned as for the high distinction standard

Credit standard

  • The answer is generally well written and expressed
  • The answer is structured and sequential
  • Referencing is satisfactory
  • Issues are identified and addressed with an attempt to analyse some of the issues
  • The coverage of issues is reasonably comprehensive often with a good treatment and analysis of particular points
  • Depth of treatment is often lacking in some of the issues

Pass standard

  • The answer is able to be followed and understood
  • The answer could perhaps be better organised and structured
  • The referencing may need improvement
  • Issues may need to be identified and addressed in more depth
  • Analysis when present may be incorrect
  • Some familiarity with the legislation and case law and its application is demonstrated
  • Sometimes the conclusions reached are simple
  • There may be quantities of material of marginal relevance included in the answer
Referencing Style Australian Guide to Legal Citation, 3rd ed
Submission Online

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

3. Analyse the nature and type of various proprietary interests including for indigenous peoples.

5. Apply the scheme for registering interests in property under the Personal Property Securities Act 2009 (Cth).

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Communication

2. Problem Solving

3. Critical Thinking

4. Information Literacy

5. Team Work

6. Information Technology Competence



3 Written Assessment

Assessment Title Written Assessment
Task Description

This written Assessment is in the form of a take home paper at the end of the course and will be submitted through the Moodle course website.

This is an individual assessment.

Further information on the final written assessment will be released on the Moodle course web site later in the term including in relation to the submission process.

Assessment Due Date Review/Exam Week Wednesday (07-Jun-2017) 11:45 PM AEST
Return Date to Students This take home examination will be returned to students via the Moodle course website following the finalisation of grades for the Term.
Weighting 50%
Assessment Criteria

These criteria are a general guide as to the standard expected at the various levels. It is not necessarily the case that all these criteria will be met at a particular standard as there may be a superior performance on one of the criteria and not so satisfactory performance on another.

High distinction standard

  • The answer is very well written and clearly expressed
  • There is a demonstrated appreciation and understanding of the issues involved
  • Conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues

Distinction standard

  • The answer is well written and expressed
  • The answer is structured and logical
  • The issues have been reasonably well identified and appreciated
  • Issues have been analysed and reference is made to all appropriate legislation and case law, although the analysis and interpretation is not as detailed and reasoned as for the high distinction standard

Credit standard

  • The answer is generally well written and expressed
  • The answer is structured and sequential
  • Issues are identified and addressed with an attempt to analyse some of the issues
  • The coverage of issues is reasonably comprehensive often with a good treatment and analysis of particular points
  • Depth of treatment is often lacking in some of the issues

Pass standard

  • The answer is able to be followed and understood
  • The answer could perhaps be better organised and structured
  • Issues may need to be identified and addressed in more depth
  • Analysis when present may be incorrect
  • Some familiarity with the legislation and case law and its application is demonstrated
  • Sometimes the conclusions reached are simple
  • There may be quantities of material of marginal relevance included in the answer
Referencing Style Australian Guide to Legal Citation, 3rd ed
Submission Online

Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Comprehend the meaning and purpose of the concept of property and property rights.

3. Analyse the nature and type of various proprietary interests including for indigenous peoples.

4. Critique the methods and processes for creating, disposing and enforcing proprietary interests.

Graduate Attributes
This section can be expanded to view the assessed graduate attributes

1. Communication

2. Problem Solving

3. Critical Thinking

4. Information Literacy

6. Information Technology Competence

7. Cross Cultural Competence

8. Ethical practice




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