Unit convenor and teaching staff |
Unit convenor and teaching staff
Dr 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. |
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:
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.
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 |
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.
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.
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.
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
1 If you need help with your assignment, please contact:
2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation
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.
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 |
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.
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Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
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Unit information based on version 2022.02 of the Handbook