Students

LAWS8009 – Property Law

2025 – Session 1, In person-scheduled-weekday, North Ryde

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff
Cathy Sherry
via iLearn
Contact via iLearn
via iLearn
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: Explain and critically analyse the historical development of Australian property law, as well as its international, cultural, political and colonial context.
  • ULO2: Understand and critically analyse the law relating to Native Title.
  • ULO3: Understand and critically analyse the creation and enforceability of legal and equitable interests in property and the priority rules that apply between them.
  • ULO4: Understand and critically analyse the Torrens system, including strata title.
  • ULO5: Understand and critically analyse a range of interests in real and personal property.
  • ULO6: Communicate professionally, effectively and in a timely manner, and participate in verbal and non-verbal exchanges with diverse audiences and in diverse contexts.
  • ULO7: Learn and work independently, meet deadlines, and reflect on performance using feedback to support personal and professional development.

General Assessment Information

All written assessments submitted electronically must be submitted through the link provided in iLearn. This unit will utilise Turnitin plagiarism detection software. Students should carefully check that they submit the correct file for an assessment, as re-submissions will not be accepted after the due date and time, including instances where students upload an incorrect file in error.

The design, moderation and feedback of all assessments is in accordance with the Macquarie University Assessment Procedure (link provided under ‘Policies and Procedures’ below).

Late Submission Policy

A maximum penalty of five (5) percentage points of the total possible marks will be applied per day to late submissions, for up to a maximum of seven calendar days. Tasks that have not been submitted within the maximum number of additional late days will receive a mark of zero. This provision does not apply to online exams or other assessment with a time limit of less than 24 hours.

Penalties for late submission will be applied consistently and equitably to all students enrolled in the unit. Where short-term, serious and unavoidable circumstances have affected their ability to submit an assessment task, a student must submit a formal application for Special Consideration as per the Special Consideration Policy. Students should not request an informal arrangement from their tutor, lecturer or Unit Convenor.

Where an application for Special Consideration is approved, and the outcome is an extension to the due date of a task, submissions that are received after the new due date will be subject to late penalties that are calculated from the new due date. This only applies where the outcome is an extension to the due date – see the Special Consideration Policy for a schedule of all possible outcomes.

Special Consideration

Students should submit applications for Special Consideration electronically via the Service Connect portal, along with the supporting documentation. Before submitting their applications, students should refer to the Special Consideration Policy (link provided under ‘Policies and Procedures’ below).

Assessment Tasks

Name Weighting Hurdle Due
Practice-Based Task 40% No 15/04/2025
Professional Skills 20% No Ongoing
Exam 40% No University exam period

Practice-Based Task

Assessment Type 1: Practice-based task
Indicative Time on Task 2: 15 hours
Due: 15/04/2025
Weighting: 40%

 

An assessment on professional skills and knowledge relevant to the unit. This could be a legal or policy brief, a report, an essay, a law reform proposal, legal pleadings or other related professional task. This assessment may require students to prepare a response through research and adhere to discipline-specific scholarly conventions.

 
On successful completion you will be able to:
  • Explain and critically analyse the historical development of Australian property law, as well as its international, cultural, political and colonial context.
  • Understand and critically analyse the law relating to Native Title.
  • Understand and critically analyse the creation and enforceability of legal and equitable interests in property and the priority rules that apply between them.
  • Understand and critically analyse the Torrens system, including strata title.
  • Understand and critically analyse a range of interests in real and personal property.
  • Communicate professionally, effectively and in a timely manner, and participate in verbal and non-verbal exchanges with diverse audiences and in diverse contexts.
  • Learn and work independently, meet deadlines, and reflect on performance using feedback to support personal and professional development.

Professional Skills

Assessment Type 1: Practice-based task
Indicative Time on Task 2: 0 hours
Due: Ongoing
Weighting: 20%

 

Students will develop essential legal professional skills through structured classroom activities such as oral advocacy, critical reasoning, strategic problem-solving, collaborative work, team leadership, mooting, simulated client consultations, legal presentations or demonstrations, doctrinal analysis and problem solving, and/or collaborative legal research. These activities are designed to develop students’ professional capabilities including capacity to communicate legal concepts clearly and engage professionally with diverse audiences in diverse contexts.

 
On successful completion you will be able to:
  • Explain and critically analyse the historical development of Australian property law, as well as its international, cultural, political and colonial context.
  • Understand and critically analyse the law relating to Native Title.
  • Understand and critically analyse the creation and enforceability of legal and equitable interests in property and the priority rules that apply between them.
  • Understand and critically analyse the Torrens system, including strata title.
  • Understand and critically analyse a range of interests in real and personal property.
  • Communicate professionally, effectively and in a timely manner, and participate in verbal and non-verbal exchanges with diverse audiences and in diverse contexts.
  • Learn and work independently, meet deadlines, and reflect on performance using feedback to support personal and professional development.

Exam

Assessment Type 1: Examination
Indicative Time on Task 2: 15 hours
Due: University exam period
Weighting: 40%

 

An invigilated examination. The exam may cover any or all topics and materials covered in the unit.

 
On successful completion you will be able to:
  • Understand and critically analyse the creation and enforceability of legal and equitable interests in property and the priority rules that apply between them.
  • Understand and critically analyse the Torrens system, including strata title.
  • Understand and critically analyse a range of interests in real and personal property.
  • Communicate professionally, effectively and in a timely manner, and participate in verbal and non-verbal exchanges with diverse audiences and in diverse contexts.
  • Learn and work independently, meet deadlines, and reflect on performance using feedback to support personal and professional development.

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

This unit is worth 10 credit points, which equates to 150 hours of work. Therefore, students should expect to commit an average of 10 hours per week to this unit, including all scheduled and unscheduled activities and preparing and executing the assessment tasks.

All readings and course content are contained in the online textbook on iLearn. There is no hardcopy or e-copy text that students need to purchase. Students must complete their reading each week.

13 x 1 hour in person tutorials or 6 x 2 hour online tutorials are designed for students to discuss the law they have learned by doing their readings, asking questions and practising the application of law. At least 3 hours of weekly work should be spent completing the set readings and preparing for the tutorial.

13 x 2 hour lectures will be given each week, for students to ideally attend in person, or listen to online. Note, lectures are not the primary delivery of course content. Course content is contained in the readings.

Unit Schedule

Topics covered:

  1. History of Anglo-Australian land law
  2. Native Title
  3. Torrens system
  4. Co-owernship
  5. Leases
  6. Mortgages
  7. Easements
  8. Freehold covenants
  9. Personal Property

A week by week schedule is available on iLearn.

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 connect.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/

Academic Success

Academic Success 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 the Service Connect Portal, 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.

Changes from Previous Offering

The content of Property Law changes each year, updating with new developments in the law. Students should not rely on materials from previous years or other institutions. 

Unit information based on version 2025.03 of the Handbook