Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor
Shayne Davenport
Contact via shayne.davenport@mq.edu.au
W3A 522
Thursday 11 - 12
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Credit points |
Credit points
3
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Prerequisites |
Prerequisites
18cp including LAW204
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Corequisites |
Corequisites
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Co-badged status |
Co-badged status
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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.
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Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
On successful completion of this unit, you will be able to:
Disruption to Studies
In the absence of a successful application for special consideration due to a disruption to studies, any assessment task submitted after its published deadline will not be graded and will receive a mark of zero. Applications for a Disruption to Studies are made electronically, via ask.mq.edu.au, and should be accompanied by supporting documentation. Students should refer to the Disruption to Studies Policy for complete details of the policy and a description of the supporting documentation required.
Please note that a Disruption to Studies application will only be successful where the student experiences a serious and unavoidable disruption that could not have been reasonably anticipated, avoided or guarded against by the student AND was beyond the student's control AND caused substantial disruption to the student's capacity for effective study and/or completion of required work AND was at least three (3) consecutive days duration.
Submission
All assessments in the unit are to be submitted electronically by way of Turnitin on the iLearn page. Plagiarism detection software is used in this unit.
Word Limits
Word limits will be strictly applied and work above the word limit will not be assessed.
Name | Weighting | Due |
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Quiz | 20% | Wednesday 6 April, 2016 9pm |
Hypothetical Problem | 30% | Monday 9 May: 5pm SHARP |
Examination | 50% | University Examination Period |
Due: Wednesday 6 April, 2016 9pm
Weighting: 20%
The quiz will be based on the material covered in Lectures 1 – 4. Although the submission portal will remain open from 4pm – 9pm, the quiz is designed to be completed in 1 hour; the 5 hour time span is to accommodate the range of commitments and needs of internal and external students. It will consist of multiple choice and short answer questions some of which will be based on hypothetical problem questions. When a student accesses the quiz they will 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 and date. No special consideration will be given for computer or browser problems.
Due: Monday 9 May: 5pm SHARP
Weighting: 30%
The hypothetical problem question will be based on the material in lectures 1 - 7 inclusive (see unit outline below for topics) and will require a response to a hypothetical problem question involving property law.
Formatting Requirements
Word limit: 1500 words excluding footnotes
AGLC referencing (Australian Guide for Legal Citation can be downloaded free at:http://www.law.unimelb.edu.au/D8D6DF60-3F6A-11E2-B7AA0050568D0140
Due: University Examination Period
Weighting: 50%
The examination is a formal 3 hour exam. It will be semi-open book. Students will be permitted to take in 4 single sided ( 2 double sided) printed or handwritten pages of their own notes to assist in answering the questions. The University examination period in the first half of 2016 is from Tuesday 14 June to Friday 24 June 2016. Unit convenors have no control over when examinations are scheduled and so students must be available to sit the examination on any date specified by the university during this time. 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. If you will not be available to sit the examination during the examination period then do not enrol in this unit.
The only exception to sitting an examination at the designated time is because of serious and unavoidable disruption to study. In these circumstances you must apply for special consideration. Information about unavoidable disruption and the special consideration process is available under the Policies and Procedures section of this Unit Guide. Students whose applications for disruption to study are approved will sit a formal supplementary examination at the Law School at a date to be notified.
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.
Text and Required Materials
Highly Recommended for reference
Week |
Topic |
Lecture |
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1 |
The concept of property?: Taxonomy; the division between real and personal property; the limits of real property; fixtures: Types of interest in land |
2 |
The creation and transfer of interests in land under common law and equity: Old system title |
3 |
Old system priorities: Introduction to Torrens title: |
4 |
Torrens title I; indefeasibility and exceptions; "volunteers" and indefeasibility |
5 |
Torrens title priorities; the place of unregistered interests: Caveats and s43A Real Property Act |
6 |
Common Ownership and Strata Title |
7 |
Mortgages |
8 |
Leases and residential tenancies |
9 |
Easements and restrictive covenants |
10 |
Personal property |
11 |
Fundamental Principles; Tenures and estates: The history of Anglo-Australian land law: Native title |
12 |
Property the analytical dimension: Philosophies and contemporary issues |
13 |
No lecture this week |
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
New Assessment Policy in effect from Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy_2016.html. For more information visit http://students.mq.edu.au/events/2016/07/19/new_assessment_policy_in_place_from_session_2/
Assessment Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy prior to Session 2 2016 http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Complaint Management Procedure for Students and Members of the Public http://www.mq.edu.au/policy/docs/complaint_management/procedure.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.
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Results shown in iLearn, or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au.
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
For all student enquiries, visit Student Connect at ask.mq.edu.au
For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/.
When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.
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This graduate capability is supported by:
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This graduate capability is supported by:
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Date | Description |
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21/01/2016 | change of office |