LAWS19035 - Property Law A
Term 1 - 2017


All details in this unit profile for LAWS19035 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 examines general principles concerning the nature of property and real property law in Queensland. Topics covered include: real and personal property, native title and Australian law, ownership, possession and title, ownership rights, law and equity, covenants, mortgages, leases, and the Torrens system.

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

Prerequisite: LAWS11030 or LAWS19031 or LAWS11054 or (LAWS11057 and LAWS11059)

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. Written Assessment 20%
2. Written Assessment 20%
3. Examination 60%

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
Encourage more student engagement Survey results Personal emails, weekly postings have been utilised to assist with engagement of students, however, feedback remains that students would like more engagement. More online collaboration, ie. online face-to-face sessions could again be attempted. This method had been used before but received negative feedback.
On successful completion of this unit, you will be able to:
  1. Explain the nature and type of various proprietary interests in land
  2. Examine the creation of various proprietary interests in land and analyse their relative enforceability at law and in equity
  3. Select relevant legal material and analyse legal issues arising out of an encountered fact situation
  4. Formulate an informed decision by applying the relevant law and principles arising out of an encountered fact situation
  5. Use appropriate style and terminology to communicate effectively in the discipline

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4 5
1 - Written Assessment
2 - Written Assessment
3 - Examination

Alignment of Graduate Attributes to Learning Outcomes

  • Introductory Level
  • Intermediate Level
  • Graduate Level
Graduate Attributes Learning Outcomes
1 2 3 4 5
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 - Written Assessment    
2 - Written Assessment    
3 - Examination      

Prescribed Textbooks

Australian Property Law : Cases, Materials and Analysis
Author/s: Hepburn, S Year: 2014
Edition: 3rd edn Publisher: Lexis Nexis Butterworths
City: Sydney State: NSW
Country: Australia
View textbooks at the CQUniversity Bookshop

Other Resources

These are not compulsory, but may assist you:
Your Business Degree
Author/s: McCulloch / Reid Year: 2014
Edition: 2nd edn Publisher: Pearson Australia
City: Sydney State: NSW
Country: Australia
Quick Reference Card : Real Property Law
Author/s: Edgeworth Year: 2014
Edition: 2nd edn Publisher: Lexis Nexis Butterworths
City: Sydney State: NSW
Country: Australia
Pearson Law Briefs : Property Law
Author/s: Richardson , K Year: 2009
Edition: Publisher: Pearson Australia
City: Sydney State: NSW
Country: Australia
Other resources may be available at CQUniversity Library. Note:

OTHER TEXTS THAT MAY BE HELPFUL (ALL AVAILABLE AT THE CQUNI BOOKSHOP)

Bradbrook - Australian Property Law : Cases and Materials

Bradbrook - Australian Property Law : Textbook

Chambers - An Introduction to Property Law in Australia

Tooher - Introduction to Property Law

Price – Property Law in Principle

Webb – Land Law

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
All submissions for this unit must use the Australian Guide to Legal Citation, 3rd ed referencing style (details can be obtained here), OR American Psychological Association (APA) referencing style (details can be obtained here). For further information, see the Assessment Tasks below.
Unit CoordinatorGarrick Small (g.small@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

Concepts of Property

Week 2 13-03-2017

Possession and Title and the Doctrine of Estates

Week 3 20-03-2017

The Doctrine of Tenure and Native Title

Week 4 27-03-2017

Adverse Possession and Fixtures

Week 5 03-04-2017

The Torrens System

Vacation Week 10-04-2017
Week 6 17-04-2017

Equitable and Unregistered Interests

Week 7 24-04-2017

The Priority Rules and Alienation

Written Assessment - Essay Due Thursday (27 Apr 17) 05:00 PM AEST
Week 8 01-05-2017

Co-Ownership

Week 9 08-05-2017

Leases

Week 10 15-05-2017

Mortgages

Week 11 22-05-2017

Easements

Written Assessment - Short Answer and Reflection Due Tuesday (23 May 17) 05:00 PM AEST
Week 12 29-05-2017

Restrictive Covenants

Review/Exam Week 05-06-2017
Exam Week 12-06-2017

1 Written Assessment

Assessment Title Written Assessment - Essay
Task Description

This assessment consists of an essay of no more than 2,000 words using standard citation style addressing the following topic:

Hepburn (2015) comments at page 113 that:

"The two tests applied in determining whether a good has become a fixture are the degree of annexation and the objection of annexation. These tests are useful directives but ultimately, the question is one which must depend upon a holistic examination of all of the circumstances."

Do you agree with this statement?

Your essay should:

  • Adopt a position agreeing or disagreeing with this statement
  • Discuss and analyse the degree of annexation test and the object of annexation test
  • Discuss and analyse the use of the tests by the courts to support your argument.
Assessment Due Date Week 7 Thursday (27-Apr-2017) 05:00 PM AEST
Return Date to Students Week 9 Friday (12-May-2017)
Online through the LAWS19035 Moodle site
Weighting 20%
Assessment Criteria

The Assessment Criteria is contained in a rubric that is provided on the Moodle site. It focuses on knowledge and understanding of the topic, analysis and argument, structure and writing and presentation and referencing.

It is not necessarily the case that all the criteria will be met at a particular standard, as there may be superior performance on one of the criteria and not so satisfactory performance on another. A mark will be calculated by reference to an overall assessment of the criteria. Grades of pass will be based on the CQUniversity Grades and Results Procedures.

Referencing Style Australian Guide to Legal Citation, 3rd ed or American Psychological Association (APA)
Submission Online

Online through the LAWS19035 Moodle site

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

1. Explain the nature and type of various proprietary interests in land

2. Examine the creation of various proprietary interests in land and analyse their relative enforceability at law and in equity

3. Select relevant legal material and analyse legal issues arising out of an encountered fact situation

4. Formulate an informed decision by applying the relevant law and principles arising out of an encountered fact situation

5. Use appropriate style and terminology to communicate effectively in the discipline

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

8. Ethical practice



2 Written Assessment

Assessment Title Written Assessment - Short Answer and Reflection
Task Description

This assessment will focus on an analysis of a case involving property law and will include a reflection component. It will give students the opportunity to demonstrate critical thinking and understanding applied to a practical issue in property law. It will consist of a set of questions requiring short answers.

Part A

(15 Marks)

Read the Queensland Supreme Court decision of Fleming v Fleming & Anor [2016] QSC 215 and answer the follow questions:

  1. Who were the parties to the dispute and what interests in land did they hold? (2 marks)
  2. What issue/s was the Court required to resolve? (2 marks)
  3. What was the applicant’s argument with respect to the issue before the Court? (3 marks)
  4. What was the respondent’s argument with respect to the issue before the Court? (3 marks)
  5. What was the finding of the Supreme Court? (3 marks)
  6. What do you think about the outcome? Do you think that partition was the appropriate remedy to resolve the co-ownership issue? (2 marks)

Part B

(5 marks)

The below questions ask you to reflect upon this course and your personal experience of it. In terms of the course:

  • What do you feel were the two key topics/areas covered in the course and why do you feel they were key topics?
  • How do you think the material covered in this course will assist you in your chosen career?
  • How do you think the material covered in this course will assist you in your chosen program of study?
  • Which academic skills do you feel have improved since taking this course? Why have they improved?
  • Which academic skills do you feel have not improved since taking this course? Why have they not improved?
Assessment Due Date Week 11 Tuesday (23-May-2017) 05:00 PM AEST
Return Date to Students Review/Exam Week Tuesday (06-Jun-2017)
Online through Moodle site.
Weighting 20%
Assessment Criteria

Evidence of sound understanding, effective communication and critical thinking within a well presented format. It is not necessarily the case that all the criteria will be met at a particular standard, as there may be superior performance on one of the criteria and not so satisfactory performance on another. A mark will be calculated by reference to an overall assessment of the criteria. Standards required for the various grades of pass use the university grades and results standards (available from the Property Gateway). These are outlined in detail within the assignment outline found in the Moodle course page within the assessment block. Details of specific criteria will be available within the assignment outline available within the Moodle course page.

Referencing Style Australian Guide to Legal Citation, 3rd ed or American Psychological Association (APA)
Submission Online

Online through Moodle site

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

1. Explain the nature and type of various proprietary interests in land

2. Examine the creation of various proprietary interests in land and analyse their relative enforceability at law and in equity

3. Select relevant legal material and analyse legal issues arising out of an encountered fact situation

4. Formulate an informed decision by applying the relevant law and principles arising out of an encountered fact situation

5. Use appropriate style and terminology to communicate effectively in the discipline

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

8. Ethical practice



Examination

Outline Complete an examination
Date During the University examination period
Weighting 60%
Length 180 minutes
Details Law dictionaries, Business and Law dictionaries (discipline specific dictionaries) are authorised.
No Calculators Permitted
Open Book
Learning Outcomes Assessed
This section can be expanded to view the assessed learning outcomes

1. Explain the nature and type of various proprietary interests in land

2. Examine the creation of various proprietary interests in land and analyse their relative enforceability at law and in equity

3. Select relevant legal material and analyse legal issues arising out of an encountered fact situation

4. Formulate an informed decision by applying the relevant law and principles arising out of an encountered fact situation

5. Use appropriate style and terminology to communicate effectively in the discipline

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

1. Communication

2. Problem Solving

3. Critical Thinking

4. Information Literacy

8. Ethical practice


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