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LAW5214 Advanced Property

Interim Trimester 1, 2023 Online
Units : 1
School or Department : School of Law and Justice
Grading basis : Graded
Course fee schedule : /current-students/administration/fees/fee-schedules

Staffing

Course Coordinator:

Requisites

Pre-requisite: LAW5212 or LAW5127
Enrolment is not permitted in LAW5214 if LAW5213 and LAW5223 have been previously completed

Overview

This is a core course in the Juris Doctor program. It is approved by the Legal Practitioners Admissions Board (Qld) and the Chief Justice of Queensland as meeting the property area of knowledge under the Supreme Court Admission Rules 2004 (Qld) and therefore deals with elements of Property, specifically: meaning and purposes of the concept of property; possession, seisin and title; nature and type (i.e. fragmentation) of proprietary interests; creation and enforceability of proprietary interests; legal and equitable remedies; statutory schemes of registration; acquisition and disposal of proprietary interests; concurrent ownership; proprietary interests in land owned by another; and mortgages.

Queensland has a specialised legal system relating to Property Law which is an integral part of legal process in Queensland. As such, understanding Property Law is a crucial part of fully understanding the law generally. Students will be challenged to consider objects as more than just physical items of property, but as a reflection of a complex set of legal rights in relation to the item itself, including the position of owners and any third party which might have an interest in the item or any person to whom it might be transferred. The distinction between legal and equitable interests in considering the legal effect of that 'bundle of rights' will be carefully and practically considered as those different rights have historical significance that retains practical importance to this day.

Possession and transfer of property of all types has been and continues to be a source of wealth and the primary activity of commercial and private endeavour. The legal rules that determine how these transactions take place are vital for ensuring stability. This course is designed to introduce students to the concepts of property and basic principles of property law. Students will gain an awareness of concepts of real and personal property and principles governing the possession, creation and transfer of interests in property, tenures and estates in co-ownership. The recognition of native title and subsequent case law and legislation will be examined, as will concepts of Crown land.

Course learning outcomes

On successful completion of this course students should be able to:

  1. Demonstrate an advanced and integrated understanding [apply and evaluate] of a complex body of knowledge [relevant to property law], and underlying principles and concepts; and the broader contexts within which legal issues arise [in this area] (PO1/TLO1).
  2. Identify and articulate complex legal issues [relevant to property law]; [comprehend legal and other materials]; apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues; engage in critical analysis and make reasoned and appropriate choices amongst alternatives; and demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses (PO3/TLO3).
  3. Demonstrate the intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research in an ethical manner, evaluate and synthesise factual, legal and policy issues [relevant to property law] (PO4/TLO4).
  4. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
  5. Reflect on and articulate Aboriginal and Torres Strait Islander perspectives in [property law] in order to develop an understanding of Aboriginal and Torres Strait Islander cultures, values, histories and contributions to Australian society, demonstrate an appreciation of Aboriginal and Torres Strait Islander legal issues [in property law] and critically reflect on the responsiveness of western law to Indigenous histories, values and needs (PO6).

Topics

Description Weighting(%)
1. Meaning and purposes of the concept of property 9.00
2. Possession, seisin and title 15.00
3. Nature and type (i.e. fragmentation) of proprietary interests 8.00
4. Creation and enforceability of proprietary interests 9.00
5. Legal and equitable remedies 8.00
6. Statutory schemes of registration 25.00
7. Acquisition and disposal of proprietary interests 5.00
8. Concurrent ownership 8.00
9. Proprietary interests in land owned by another 8.00
10. Mortgages 5.00

Text and materials required to be purchased or accessed

Wallace, A, Weir, M & McCrimmon, L latest edition, Real property law in Queensland, Thomson Reuters, Pyrmont, New South Wales.
(NOT REQUIRED TO BE PURCHASED IN PRINT (Available as an eBook via UniSQ Library).)

OR

Webb, E & Stevenson, M, latest edition, Focus Land Law, LexisNexis, Chatswood, New South Wales
(NOT REQUIRED TO BE PURCHASED IN PRINT (Available as an eBook via UniSQ Library).

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Approach Type Description Group
Assessment
Weighting (%) Course learning outcomes
Assignments Written Problem Solving No 30 1,2,3,4,5
Assignments Oral Presentation (ind, grp, mltmd) No 50 1,3,4,5
Assignments Written Quiz No 20 1,2,3,4,5
Date printed 9 February 2024