Students
LAWS8009 – Property Law
2021 – Session 1, Special circumstances, Other
Notice
As part of Phase 3 of our return to campus plan, most units will now run tutorials, seminars and other small group activities on campus, and most will keep an online version available to those students unable to return or those who choose to continue their studies online.
To check the availability of face-to-face and online activities for your unit, please go to timetable viewer. To check detailed information on unit assessments visit your unit's iLearn space or consult your unit convenor.
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Convenor
Richard McCullagh
Lecturer
Henry Kha
|
|---|---|
| Credit points |
Credit points
10
|
| Prerequisites |
Prerequisites
LAWS803 or LAWS8030
|
| Corequisites |
Corequisites
|
| Co-badged status |
Co-badged status
|
| 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. |
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:
- ULO1: Critique and describe the historical development of Australian property law and of the major historical and theoretical principles that underlie it.
- ULO4: Explain complex priority disputes between competing claimants to the same property through the application of doctrinal and procedural rules of law and equity.
- ULO2: Critically analyse the way in which native title has been placed in the framework of Australian property law.
- ULO3: Explain and critique the major forms of title to land in Australia and the fundamental difference between the creation and transfer of property rights in law and equity.
General Assessment Information
Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply - two (2) marks out of 100 will be deducted per day for assignments submitted after the due date - and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the submission deadline. No late submissions will be accepted for timed assessments - eg quizzes, online tests.
Assessment Tasks
| Name | Weighting | Hurdle | Due |
|---|---|---|---|
| Essay | 30% | No | 19/04/2021 |
| Class Participation | 20% | No | 31/05/2021 |
| A Time-Limited Take Home Test | 50% | No | 05/06/2021 |
| Quiz | 0% | No | 22/03/2021 |
Essay
Assessment Type 1: Essay
Indicative Time on Task 2: 36 hours
Due: 19/04/2021
Weighting: 30%
Students will prepare a properly referenced response with appropriate analysis and argument supported by relevant authoritative cases and commentary.
On successful completion you will be able to:
- Critique and describe the historical development of Australian property law and of the major historical and theoretical principles that underlie it.
- Explain complex priority disputes between competing claimants to the same property through the application of doctrinal and procedural rules of law and equity.
- Critically analyse the way in which native title has been placed in the framework of Australian property law.
- Explain and critique the major forms of title to land in Australia and the fundamental difference between the creation and transfer of property rights in law and equity.
Class Participation
Assessment Type 1: Participatory task
Indicative Time on Task 2: 24 hours
Due: 31/05/2021
Weighting: 20%
Students will be assessed on their ability to demonstrate knowledge of the required readings and lecture material and their oral and written discussion of those materials in tutorials and online
On successful completion you will be able to:
- Critique and describe the historical development of Australian property law and of the major historical and theoretical principles that underlie it.
- Explain complex priority disputes between competing claimants to the same property through the application of doctrinal and procedural rules of law and equity.
- Critically analyse the way in which native title has been placed in the framework of Australian property law.
- Explain and critique the major forms of title to land in Australia and the fundamental difference between the creation and transfer of property rights in law and equity.
A Time-Limited Take Home Test
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 4 hours
Due: 05/06/2021
Weighting: 50%
The hypothetical take home problem question/s will be based on the material from the whole course
On successful completion you will be able to:
- Explain complex priority disputes between competing claimants to the same property through the application of doctrinal and procedural rules of law and equity.
- Explain and critique the major forms of title to land in Australia and the fundamental difference between the creation and transfer of property rights in law and equity.
Quiz
Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 4 hours
Due: 22/03/2021
Weighting: 0%
The quiz will be based on the material covered in Lectures 1 – 3. This quiz is for the purposes of self assessment and carries no weight.
On successful completion you will be able to:
- Critique and describe 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.
1 If you need help with your assignment, please contact:
- the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
- the Writing Centre for academic skills support.
2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
Delivery and Resources
The prescribed textbook is Sackville & Neave Australian Property Law, 11th edition, LexisNexis.
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:
- Academic Appeals Policy
- Academic Integrity Policy
- Academic Progression Policy
- Assessment Policy
- Fitness to Practice Procedure
- Grade Appeal Policy
- Complaint Management Procedure for Students and Members of the Public
- Special Consideration Policy
Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.
To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct
Results
Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) 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 or if you are a Global MBA student contact globalmba.support@mq.edu.au
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 help you improve your marks and take control of your study.
The Library provides online and face to face support to help you find and use relevant information resources.
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
If you are a Global MBA student contact globalmba.support@mq.edu.au
IT Help
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.
Unit information based on version 2021.02 of the Handbook