Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Shayne Davenport
Contact via shayne.davenport@mq.edu.au
W3A 522
Thursday 11 - 12
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Credit points |
Credit points
4
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Prerequisites |
Prerequisites
LAWS803
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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 is a fundamental legal concept in contemporary western societies. In this unit the property concept is examined from theoretical and practical perspectives. Initially, the question of what the concept should encompass is raised, looking particularly at the person/property distinction and at the boundaries of property such as ownership of the human body and its parts and digital property. Moral implications and economic justifications for the allocation of property rights are then introduced. The major portion of the unit is concerned with a thorough examination of the practical application of property law in Australia beginning with the law of personal property and continuing with systems of title to land (old system, Torrens and native title), the primary interests in land such as mortgages, easements, leases and covenants and concurrent ownership. Analytical and problem solving skills are developed through hypothetical problem exercises and careful consideration of authoritative case law.
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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 | 15% | Wednesday 6 April; 9pm |
Hypothetical problem question | 30% | Monday 16 May 5pm SHARP |
Individual class presentation | 5% | Weeks 3 - 13 |
Class participation | 10% | semester and on campus session |
Final examination | 40% | Wednesday 22 June 6pm SHARP |
Due: Wednesday 6 April; 9pm
Weighting: 15%
This assessment will consist of a combination of short answer and multiple choice questions. The questions will be based on the material covered in Lectures 1 – 4 (see unit schedule below). A practice quiz will be available in the weeks leading up to this assessment and feedback will be available from the practice quiz in order to assist with preparation for the formal assessment. Although the submission portal for the formal assessment 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 students.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.
Due: Monday 16 May 5pm SHARP
Weighting: 30%
This assessment will require students to formulate a response to a hypothetical problem question. The question will raise issues from the material covered in Lectures 1 - 7 inclusive (see unit schedule below). Further information on word limits and formatting requirements will be released with the question in week 5.
Due: Weeks 3 - 13
Weighting: 5%
Students will write a critical commentary on an important case and present their report on the case to the class. For internal students the presentations will be made during weeks 3 - 13; external students will present at the on campus session. Allocations for presentations will be made within the first 2 weeks of the semester
Due: semester and on campus session
Weighting: 10%
Active participation in tutorials and at the on campus session through informed contribution to discussion and problem solving. Students are expected to have completed all readings and listened to relevant lectures before attendance at class.
Due: Wednesday 22 June 6pm SHARP
Weighting: 40%
The final take home examination will be released at 2pm on Wednesday 22 June, 2016 and will be due at 6pm on the same day. It will consist of 2 questions, a hypothetical problem question and an essay. Further information about the final examination will be given during the semester. No extensions will be given to the due date and time in the absence of a successful application for disruption to study. The link to the disruption to study policy is available on this page under the Policies and Procedures tab below. Exams which are submitted after the due date and time will not be marked. This deadline is strictly enforced.
Online units can be accessed at: http://ilearn.mq.edu.au/.
Text and Required Materials
Week |
Topic |
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1 |
Introduction to the concept of “property”; taxonomy; boundaries; the doctrine of fixtures |
2 |
The relationship of common law and equity; Common law and equitable interests in land; “Old” system title |
3 |
Priorities at general law; Introduction to Torrens title |
4 |
Torrens title: Indefeasibility and exceptions |
5 |
Torrens title: priorities between unregistered and registered interests |
6 |
Common Ownership and Strata Title |
7 |
Mortgages |
8 |
Leases and statutory tenancies |
9 |
Easements |
10 |
Freehold covenants |
11 |
Personal property; introduction to sale of goods; finders law; gifts of personal property; donations mortis causa |
12 |
Fundamental Principles; Native title |
13 |
Theories of property and contemporary issues; property in the human body; digitised property; |
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.
General Assessment policies
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.
Word limits will be strictly applied and work above the word limit will not be marked.
All assessments in the unit are to be submitted electronically. Plagiarism detection software is used in this unit.”
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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Date | Description |
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21/01/2016 | change of office number |