Students

LAWS8009 – Property Law

2022 – Session 1, Online-scheduled-weekday

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff
Dr Henry Kha
henry.kha@mq.edu.au
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.
  • 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.
  • ULO4: Explain complex priority disputes between competing claimants to the same property through the application of doctrinal and procedural rules of law and equity.

General Assessment Information

Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – 10 marks out of 100 credit will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted seven days (incl. weekends) after the original submission deadline. No late submissions will be accepted for timed assessments – e.g. quizzes, online tests.

Assessment Tasks

Name Weighting Hurdle Due
Class Participation 20% No Ongoing
Quiz 0% No 17 March 2022
Essay 30% No 8 April 2022
A Time-Limited Take Home Test 50% No 9 June 2022

Class Participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 24 hours
Due: Ongoing
Weighting: 20%

 

Students will be assessed on their ability to demonstrate knowledge of the required readings and lecture material and their oral discussion of those materials in tutorials.

 
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.
  • 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.
  • Explain complex priority disputes between competing claimants to the same property through the application of doctrinal and procedural rules of law and equity.

Quiz

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 4 hours
Due: 17 March 2022
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.

Essay

Assessment Type 1: Essay
Indicative Time on Task 2: 36 hours
Due: 8 April 2022
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.
  • 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.
  • Explain complex priority disputes between competing claimants to the same property through the application of doctrinal and procedural rules of law and equity.

A Time-Limited Take Home Test

Assessment Type 1: Quiz/Test
Indicative Time on Task 2: 4 hours
Due: 9 June 2022
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 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.
  • Explain complex priority disputes between competing claimants to the same property through the application of doctrinal and procedural rules of law and equity.

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

Compulsory Text Brendan Edgeworth, Chris Rossiter, Pamela O’Connor, Andrew Godwin, Leon Terrill, Sackville & Neave Australian Property Law (LexisNexis, 11th edition, 2020).

Lectures Lectures will be recorded and uploaded weekly on iLearn.

Tutorials Tutorials will be held each week or fortnight (depending on your tutorial group). Attending the tutorials are beneficial for achieving the learning outcomes. Class participation shall be assessed in the tutorials.

Online Content Online content can be accessed on iLearn. Personal computer and Internet access are required.

Unit Schedule

Weekly Tutorial Students

Week

Week Commencing

Lecture Topic

Tutorial Topic

1

21-Feb

Unit Introduction & the Concept of Property

NO TUTORIAL

2

28-Feb

Fundamental Property Principles & Native Title

The Concept of Property

3

7-Mar

Land, Fixtures & Chattels

Fundamental Property Principles & Native Title

4

14-Mar

Common Law & Equitable Interests in Land

Land, Fixtures & Chattels

5

21-Mar

Old System Title Priorities

Common Law & Equitable Interests in Land

6

28-Mar

Torrens Title & Indefeasibility

Old System Title Priorities

7

4-Apr

Torrens Title Priorities

Torrens Title & Indefeasibility

8

25-Apr

Co-Ownership & Strata Title

Torrens Title Priorities

9

2-May

Leases

Co-Ownership & Strata Title

10

9-May

Mortgages

Leases

11

16-May

Easements

Mortgages

12

23-May

Freehold Covenants

Easements

13

30-May

NO LECTURE

Freehold Covenants

 

Fortnightly Tutorial Students

Week

Week Commencing

Lecture Topic

Tutorial Topic

1

21-Feb

Unit Introduction & the Concept of Property

NO TUTORIAL

2

28-Feb

Fundamental Property Principles & Native Title

The Concept of Property

Fundamental Property Principles & Native Title

3

7-Mar

Land, Fixtures & Chattels

NO TUTORIAL

4

14-Mar

Common Law & Equitable Interests in Land

Land, Fixtures & Chattels

Common Law & Equitable Interests in Land

5

21-Mar

Old System Title Priorities

NO TUTORIAL

6

28-Mar

Torrens Title & Indefeasibility

Old System Title Priorities

Torrens Title & Indefeasibility

7

4-Apr

Torrens Title Priorities

NO TUTORIAL

8

25-Apr

Co-Ownership & Strata Title

Torrens Title Priorities

Co-Ownership & Strata Title

9

2-May

Leases

NO TUTORIAL

10

9-May

Mortgages

Leases

Mortgages

11

16-May

Easements

NO TUTORIAL

12

23-May

Freehold Covenants

Easements

Freehold Covenants

13

30-May

NO LECTURE

NO TUTORIAL

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:

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

Academic Integrity

At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.

Student Support

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

The Writing Centre

The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.

The Library provides online and face to face support to help you find and use relevant information resources. 

Student Services and Support

Macquarie University offers a range of Student Support Services including:

Student Enquiries

Got a question? Ask us via AskMQ, or contact Service Connect.

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 2022.02 of the Handbook