Students

LAW 316 – Property Law

2014 – S1 External

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff Unit Convenor
Shayne Davenport
Contact via shayne.davenport@mq.edu.au
David Mullan
Contact via david.mullan@mq.edu.au
Gabrielle Simm
Contact via gabrielle.simm@mq.edu.au
Credit points Credit points
3
Prerequisites Prerequisites
LAW204
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description
Property law lies at the heart of our legal system. Jeremy Bentham once aptly observed: 'Property and Law are born together and die together. Before laws were made there was no property; take away law, and property ceases'. This unit provides a contextual analysis and outline of the Anglo-Australian law on property and covers such topics as the history and theory of property law; systems of title to, and resolution of competing interests in, property; concurrent ownership of property; native title; and mortgages, leases, easement and covenants in relation to real property.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

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

  • Demonstrate understanding of the historical development of Australian property law and of the major historical and theoretical principles that underlie it
  • Critically analyse the way in which native title has been placed in the framework of Australian property law
  • Demonstrate a detailed knowledge of the major forms of title to land in Australia and appreciate the fundamental difference between the creation and transfer of property rights in law and in equity
  • Solve complex priority disputes between competing claimants to the same property through the application of doctrinal and procedural rules of law and equity
  • Communicate an integrated body of knowledge about property through active and informed participation in class discussion

Assessment Tasks

Name Weighting Due
Quiz 20% Tuesday 8 April
Hypothetical Problem 30% Monday 12 May: 5pm SHARP
Examination 50% University Examination Period

Quiz

Due: Tuesday 8 April
Weighting: 20%

 

The quiz will be based on the material covered in  Lectures 1 – 4. Although the submission portal will remain open from 2pm – 8pm, the quiz is designed to be completed in 1 hour; the 6 hour time span is to accommodate the range of commitments and needs of students.  It will consist of 20 multiple choice questions some of which will be based on a hypothetical problem question. When a student accesses the quiz they have 1 hour in which to complete it.  The questions and responses available to each student will vary as they will be allocated from a bank of questions, with the order of the responses presented to each student also varying.   Answers will be automatically submitted at the end of the hour. 

  

 NOTE VERY CLOSELY: It is a student’s responsibility to ensure that they can complete the quiz during the allotted time. No special consideration will be given for computer or browser problems.  

 


On successful completion you will be able to:
  • Demonstrate a detailed knowledge of the major forms of title to land in Australia and appreciate the fundamental difference between the creation and transfer of property rights in law and in equity

Hypothetical Problem

Due: Monday 12 May: 5pm SHARP
Weighting: 30%

 

The hypothetical problem question will be based on the material in lectures 1 - 7 inclusive and will require a response to a hypothetical problem question involving property law.

 

 

 

 

Formatting Requirements

 

  • Word limit: 2000 words including footnotes

  • 1.5 spacing for normal text;

  • single spacing for indented quotations (quotes longer than three lines) and footnotes.

  • Footnotes, not endnotes

  • AGLC referencing (Australian Guide for Legal Citation can be downloaded free at:http://www.law.unimelb.edu.au/D8D6DF60-3F6A-11E2-B7AA0050568D0140

 

Submission of essays: All essays are to be submitted electronically through the ilearn webpage by file upload

 

NOTE VERY CLOSELY: It is Law School policy that late assignments will not be accepted. It is a student’s responsibility to allow sufficient time for file upload so that the essay is received by the due date and time and to ensure that the correct file is uploaded.

 

 

 

 

 

  1. ASSESSMENT CRITERIA FOR HYPOTHETICAL PROBLEM QUESTIONS

     

     FAIL (49% AND BELOW)

 

  • fails to identify  and discuss relevant issues of law raised by facts;

  • contains incorrect statements of law;

  • does not provide relevant authorities for propositions of law;

  • inappropriate and/or irrelevant content, including circumstances in which the student has uploaded the incorrect file to the ilearn submission point;

  • plagiarism, use of other students’ work, ‘recycling’ own work from other units;

  • difficult to read and/or understand through poor grammar, expression or structure

  • fails to comply with formatting or submission instructions.

     

               

    PASS (50% - 64%)

  • correctly identifies and discusses a limited number of issues of law raised by the facts

  • contains no significant errors of law;

  • provides correct authorities for propositions of law;

  • attempts to apply relevant law to the given facts;

  • adequate expression and compliance with formatting and submission instructions.

     

    CREDIT (65%-74%)

  • correctly identifies and discusses most of the issues of law raised by the facts;

  • contains no errors of law;

  • provides correct authorities for propositions of law;

  • successfully applies relevant law to the given facts;

  • identifies differences between facts in the question and fact patterns in cases, and attempts to discuss relevance of this to the solution;

  • identifies discrepancies/inconsistencies within the law, and attempts to resolve these where they are relevant to the given facts;

  • attempts to explain which outcome is more likely where there is more than 1 possible solution to the problem;

  • has clear structure and clear expression

     

    DISTINCTION (75%-84%)

  • well structured, clearly communicating the expected outcome

  • correctly identifies and discusses all of the issues of law raised by the facts;

  • contains no errors of law;

  • provides correct authorities for propositions of law;

  • identifies differences between facts in the question and fact patterns in cases, and successfully discusses the relevance of this to the solution;

  • identifies discrepancies/inconsistencies within the law,  and successfully resolves these where they are relevant to the given facts; 

  • gives reasoned argument in favour of policy outcomes where the issue is raised by the question

     

    HIGH DISTINCTION (85% and above)

  • satisfies all the criteria for a Distinction;

  • is exceptionally well written and exceptionally well-structured.

  • demonstrates superior and original analytical skills. 

 

 

 

 

 

 

 

 


On successful completion you will be able to:
  • Demonstrate a detailed knowledge of the major forms of title to land in Australia and appreciate the fundamental difference between the creation and transfer of property rights in law and in equity
  • Solve complex priority disputes between competing claimants to the same property through the application of doctrinal and procedural rules of law and equity
  • Communicate an integrated body of knowledge about property through active and informed participation in class discussion

Examination

Due: University Examination Period
Weighting: 50%

 

The University Examination period in the first half of 2014 is from Monday 16 June to to Friday 4 July 2014.

 

 You are expected to present yourself for examination at the time and place designated in the University Examination Timetable. The timetable will be available in Draft form approximately eight weeks before the commencement of the examinations and in final form approximately four weeks before the commencement of the examinations.  

 

 The only exception to sitting an examination at the designated time is because of documented illness or unavoidable disruption. In these circumstances you must apply for Special Consideration. Information about unavoidable disruption and the special consideration process is available under the Extension and Special Consideration section of this Unit Guide.

 

You are advised that it is Macquarie University policy not to set early examinations for individuals or groups of students. All students are expected to ensure that they are available until the end of the teaching semester, that is the final day of the official examination period.

 


On successful completion you will be able to:
  • Demonstrate understanding of the historical development of Australian property law and of the major historical and theoretical principles that underlie it
  • Critically analyse the way in which native title has been placed in the framework of Australian property law
  • Demonstrate a detailed knowledge of the major forms of title to land in Australia and appreciate the fundamental difference between the creation and transfer of property rights in law and in equity
  • Solve complex priority disputes between competing claimants to the same property through the application of doctrinal and procedural rules of law and equity
  • Communicate an integrated body of knowledge about property through active and informed participation in class discussion

Delivery and Resources

Online units can be accessed at: http://ilearn.mq.edu.au/.

 PC and Internet access are required. Basic computer skills (e.g., internet browsing) and skills in word processing are also a requirement.

Please consult teaching staff for any further, more specific requirements.

Unit Schedule

 

Week

Topic

 Lecture

 

1

What is property?: Taxonomy; the division between real and personal property; the limits of real property; fixtures: Common law and equitable interests in land and the development of the trust

2

 Old system title and priorities between legal and equitable interests : Introduction to Torrens title

3

Torrens title I: indefeasibility and exceptions; forged mortgages

4

Torrens title II; priorities between unregistered and registered interests: Caveats and s43A Real Property Act

5

Common Ownership and Strata Title

6

Mortgages

7

Leases and Residential Tenancies

8

Easements and land Use

9

Covenants and land Use

10

Fundamental Principles; Tenures and estates: The history of Anglo-Australian land law: Native title

11

Personal property

12

Property the analytical dimension: Philosophies and contemporary issues

13

No lecture this week

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:

Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html

Assessment Policy  http://mq.edu.au/policy/docs/assessment/policy.html

Grading Policy http://mq.edu.au/policy/docs/grading/policy.html

Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html

Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html

Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.

In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

Learning Skills

Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.

Student Services and Support

Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.

Student Enquiries

For all student enquiries, visit Student Connect at ask.mq.edu.au

IT Help

For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/

When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.

Graduate Capabilities

Discipline Specific Knowledge and Skills

Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate understanding of the historical development of Australian property law and of the major historical and theoretical principles that underlie it
  • Critically analyse the way in which native title has been placed in the framework of Australian property law
  • Demonstrate a detailed knowledge of the major forms of title to land in Australia and appreciate the fundamental difference between the creation and transfer of property rights in law and in equity
  • Solve complex priority disputes between competing claimants to the same property through the application of doctrinal and procedural rules of law and equity
  • Communicate an integrated body of knowledge about property through active and informed participation in class discussion

Assessment tasks

  • Quiz
  • Hypothetical Problem
  • Examination

Critical, Analytical and Integrative Thinking

We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.

This graduate capability is supported by:

Assessment tasks

  • Hypothetical Problem
  • Examination

Problem Solving and Research Capability

Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate a detailed knowledge of the major forms of title to land in Australia and appreciate the fundamental difference between the creation and transfer of property rights in law and in equity
  • Solve complex priority disputes between competing claimants to the same property through the application of doctrinal and procedural rules of law and equity
  • Communicate an integrated body of knowledge about property through active and informed participation in class discussion

Assessment tasks

  • Quiz
  • Hypothetical Problem
  • Examination

Effective Communication

We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.

This graduate capability is supported by:

Learning outcomes

  • Demonstrate a detailed knowledge of the major forms of title to land in Australia and appreciate the fundamental difference between the creation and transfer of property rights in law and in equity
  • Solve complex priority disputes between competing claimants to the same property through the application of doctrinal and procedural rules of law and equity
  • Communicate an integrated body of knowledge about property through active and informed participation in class discussion

Assessment tasks

  • Hypothetical Problem
  • Examination

Engaged and Ethical Local and Global citizens

As local citizens our graduates will be aware of indigenous perspectives and of the nation's historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.

This graduate capability is supported by:

Learning outcome

  • Critically analyse the way in which native title has been placed in the framework of Australian property law