Unit Outline

Today, the richest 1% of adults will own more than 50% of global wealth. Indeed the 85 richest individuals will have more wealth than the poorest 50% of the world's population. But does property law facilitate this and encourage this inequality, or is it merely the instrument by which this division in wealth can be measured. One thing is undeniable though, the connection between the concept of property and law. For many legal systems around the world, the notion of private property is the foundation on which legal systems operate. Given this importance, this unit takes three themes and considers how the history of property law, its current operation, and future direction will influence our doctrinal and theoretical understanding of property law, and its place within the law of obligations. These three themes ask: how is property created, how is it acquired and how is it transferred. Consistent with these themes, knowledge of the nature and type of various proprietary interests in chattels and land, and their creation and relative enforceability at law and in equity is discussed. There will be a detailed focus on the Torrens system of land registration as well as briefer consideration of general law land, crown land, and native title. The specific areas of co-ownership, mortgages, leases, licences, easements, restrictive covenants, and strata title will also be analysed. Practical skills emphasised in this unit include statutory interpretation, written and oral communication, legal research, and independent learning. This unit contains the necessary content for Property Law as prescribed by the Law Admissions Consultative Committee, Uniform Admission Rules, Schedule 1 Prescribed Areas of Knowledge (‘Priestley 11’), with the exception of legal and equitable remedies (considered in LAW262 Private Law Obligations and Remedies.), and includes the content for Personal Property Securities (listed under Corporations Law in the Priestley 11) as well as equitable rights, titles and interests (listed under Equity in the Priestley 11).

Intended Learning Outcomes

As per the Assessment and Results Policy 1.3, your results will reflect your achievement against specified learning outcomes.

On completion of this unit, you will be able to:


1	Identify both the general principles of property law and the legal issues arising from an examination of those discrete areas selected for study within the units.
2	Critically analyse and justify a response to factual problems in property law.
3	Examine and evaluate the political and historical factors that have shaped and continue to shape, the rules governing property law, and the policy issues that underlie the current rules.
4	Research a specific problem in property law using a range of primary and secondary legal materials.
5	Communicate professionally in writing, observing all appropriate academic and legal referencing conventions.

Requisites


REQUISITE TYPE	REQUISITES
Pre-requisite	50 credit points of Intermediate Law core, including successful completion of LAW251

Alterations as a result of student feedback

None

How will I be Assessed?

For more detailed assessment information please see MyLO.

Assessment schedule


ASSESSMENT TASK #	ASSESSMENT TASK NAME	DATE DUE	WEIGHT	LINKS TO INTENDED LEARNING OUTCOMES
Assessment Task 1:	Workshop Participation	See the MyLO site for the due date	20 %	LO1, LO2, LO3
Assessment Task 2:	Essay	See the MyLO site for the due date	40 %	LO1, LO2, LO3, LO4, LO5
Assessment Task 3:	Final Exam	Exam Period	40 %	LO1, LO2, LO3, LO5

Assessment details

Assessment Task 1: Workshop Participation

Task Description:

Participation in weekly workshops, contributing to class discussions, answering workshop questions, and participating in role plays and other student engagement activities

Task Length:

Due Date:

See the MyLO site for the due date

Weight:

20 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Participation	LO1, LO2, LO3

Assessment Task 2: Essay

Task Description:

Students are required to research and write an essay on a question or topic set by the unit coordinator

Task Length:

1,500 words

Due Date:

See the MyLO site for the due date

Weight:

40 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Essay	LO1, LO2, LO3, LO4, LO5

How your final result is determined

To pass this unit, you need to demonstrate your attainment of each of the Intended Learning Outcomes, achieve a final unit grade of 50% or greater, and pass any hurdle tasks.

Submission of assignments

Where practicable, assignments should be submitted to an assignment submission folder in MYLO. You must submit assignments by the due date or receive a penalty (unless an extension of time has been approved by the Unit Coordinator). Students submitting any assignment in hard copy, or because of a practicum finalisation, must attach a student cover sheet and signed declaration for the submission to be accepted for marking.

Academic integrity

Academic integrity is about acting responsibly, honestly, ethically, and collegially when using, producing, and communicating information with other students and staff members.

In written work, you must correctly reference the work of others to maintain academic integrity. To find out the referencing style for this unit, see the assessment information in the MyLO site, or contact your teaching staff. For more detail about Academic Integrity, see Important Guidelines & Support.

Requests for extensions

If you are unable to submit an assessment task by the due date, you should apply for an extension.

A request for an extension should first be discussed with your Unit Coordinator or teaching support team where possible. A request for an extension must be submitted by the assessment due date, except where you can provide evidence it was not possible to do so. Typically, an application for an extension will be supported by documentary evidence: however, where it is not possible for you to provide evidence please contact your Unit Coordinator.

The Unit Coordinator must notify you of the outcome of an extension request within 3 working days of receiving the request.

Late penalties

Assignments submitted after the deadline will receive a late penalty of 5% of the original available mark for each calendar day (or part day) that the assignment is late. Late submissions will not be accepted more than 10 calendar days after the due date, or after assignments have been returned to other students on a scheduled date, whichever occurs first. Further information on Late Penalties can be found on the Assessments and Results Procedure.

Review of results and appeals

You are entitled to ask for a review of the marking and grading of your assessment task if there is an irregularity in the marking standards or an error in the process for determining the outcome of an assessment. Details on how to request a review of a mark for an assignment are outlined in the Review and Appeal of Academic Decisions Procedure.