CQUniversity Unit Profile
LAWS12065 Foundations of Property Law
Foundations of Property Law
All details in this unit profile for LAWS12065 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student).
The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.
General Information

Overview

LAWS12065 Foundations of Property Law introduces students to the conceptual foundations of the law of property in Australia. In this unit you will examine learn about personal property and an introduction to interests in real property. A core aim of the unit is to develop an understanding of a 'proprietary interest' and the different types of interests in property which Australian law recognises. The unit includes coverage of the regulation of personal property interests under the Personal Property Securities Act 2009 (Cth) and Native Title both under the common law and the Native Title Act 1993 (Cth) (as amended). This unit covers the following specific themes: Perspectives on the concept property; possession, seisin and title; nature and type (i.e. fragmentation) of proprietary interests; creation of proprietary interests; legal and equitable remedies; statutory schemes of registration (the Personal Property Securities Act 2009 (Cth)); and acquisition and disposal of proprietary interests. The Unit addresses: the doctrine of tenure and estates; the principles for resolving priority disputes to land under the general law; and the doctrine of fixtures and related concepts which affect the scope and meaning of real property under Australian property law. This unit together with LAWS12066 Land Law meets the LPAB requirements for property.

Details

Career Level: Undergraduate
Unit Level: Level 2
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

Pre-requisites or Co-requisites

Pre-requisites: LAWS11057 Introduction to Law; and LAWS11059 Statutory Interpretation Co-requisites LAWS 12056 Equity and 24 units of credit (4 units) in the LLB course.

Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).

Offerings For Term 1 - 2018

Distance

Attendance Requirements

All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Class and Assessment Overview

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Class Timetable

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Group Discussion
Weighting: 10%
2. Online Quiz(zes)
Weighting: 30%
3. Examination
Weighting: 60%

Assessment Grading

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.

Previous Student Feedback

Feedback, Recommendations and Responses

Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Feedback from Self-reflection

Feedback

Unit design

Recommendation

Consideration will be given to undertaking some rearrangements of unit topics and enhanced explanation of critical concepts through narrative discussion.

Feedback from Unit evaluation

Feedback

Tutorial recordings

Recommendation

Tutorials will be recorded as videos and and these will be uploaded to Moodle.

Feedback from Unit evaluation

Feedback

Assessment information and design

Recommendation

Greater attention will be paid to further enhancing clarity of information and guidelines around assessment with an enhanced focus on fundamental property law skills for modern property lawyering.

Feedback from Unit evaluation

Feedback

Topic notes

Recommendation

For 2017 these were refined and updated. Further work will be undertaken on these for 2018 in light of some rearrangement and consolidation of Unit material and topics to improve overall coherence of topics covered against learning objectives.

Feedback from External review of 30% assessment

Feedback

30% practical and presentation assessment

Recommendation

This was a positive and useful process that was initiated in 2017 for the assessment covering the PPSA. It will be considered again in 2018.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Explain and discuss the meaning and purpose of the concept of property and property rights
  2. Compare and contrast aspects of Australian property law under the common law system with aspects of the South African mixed legal system in relation to constitutional protection of property rights
  3. Appraise and apply the scheme for regulating and registering security interests in personal property under the Personal Property Securities Act 2009 (Cth)
  4. Explain and evaluate the methods and processes under law for creating, disposing and enforcing proprietary interests in relation to both personal and real property
  5. Summarise and describe the nature of interests in State land in Queensland under the Land Act 1994 (Qld) (as amended)
  6. Recognise and critique the framework of indigenous rights to land including native title under the common law and the Native Title Act 1993 (Cth) (as amended)
  7. Demonstrate and apply an understanding of dealings in proprietary interests under the Property Law Act 1974 (Qld), Australian Consumer Law and the general law in relation to both enforcement and remedies.


Alignment of Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4 5 6 7
1 - Group Discussion - 10%
2 - Online Quiz(zes) - 30%
3 - Examination - 60%

Alignment of Graduate Attributes to Learning Outcomes

Graduate Attributes Learning Outcomes
1 2 3 4 5 6 7
1 - Communication
2 - Problem Solving
3 - Critical Thinking
4 - Information Literacy
5 - Team Work
6 - Information Technology Competence
7 - Cross Cultural Competence
8 - Ethical practice
9 - Social Innovation

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Group Discussion - 10%
2 - Online Quiz(zes) - 30%
3 - Examination - 60%
Textbooks and Resources

Textbooks

Prescribed

Property Law LexisNexis Questions & Answers 3rd (2017)

Authors: Laura-Leigh Cameron-Dow
LexisNexis Butterworths
Chatswood Chatswood , NSW , Australia
ISBN: 9780409341911
Binding: Paperback
Prescribed

Sackville & Neave Australian Property Law 10th (2016)

Authors: Brendan Edgeworth, Chris Rossiter, Pamela O'Connor and Andrew Godwin
LexisNexis Butterworths
Chatsworth Chatsworth , NSW , Australia
ISBN: 9780409343786
Binding: Paperback
Supplementary

Quick Reference Card Personal Property Law 1st (2015)

Authors: Samantha Hepburn
LexisNexis Butterworths
Chatsworth Chatsworth , NSW , Australia
ISBN: 9780409340242
Binding: Paperback
Supplementary

Quick Reference Card Personal Property Security Act 1st (2012)

Authors: Nicholas Mirzai
LexisNexis Butterworths
Chatsworth Chatsworth , NSW , Australia
ISBN: 9780409330380
Binding: Paperback

Additional Textbook Information

The prescribed texts are prescribed for both: LAWS12065 Foundations of Property Law and LAWS12066 Land Law QRC Personal Property Law and QRC Personal Property Securities Act are laminated Quick Reference Cards and will cost around $20 each. QRC Personal Property Securities Act is an excellent ready reckoner to this complex but important legislation which now underpins personal property security law in Australia. I am negotiating a bundle discount if you purchase both prescribed texts through the CQU book store. This will likely be 20% and when the publisher makes a code available enrolled students will be advised. However, for super keen students whom can't wait to start reading about property law over summer an even better deal is available via the LexisNexis Online Bookshop. There is an end of year (EOY) sale on at present. Here are the details for each book: https://store.lexisnexis.com.au/product?product=sackville-neave-australian-property-law-10th-edition&meta_F_and=9780409343786 https://store.lexisnexis.com.au/product?product=lexisnexis-questions-answers-property-law-3rd-edition&meta_F_and=9780409341911 https://store.lexisnexis.com.au/product?product=understanding-real-property-law&meta_F_and=9780409340624 Here are the Terms and Conditions of sale – in brief: LexisNexis EOY sale is valid from 00:00 AEST 3rd November 2017 – 4th January 2018 2017 23:59PM AEST Discounts offered via the LexisNexis eStore cannot be used in conjunction with any other offer or commercial discount agreement. Discounts are as displayed and can be removed at any time. Other restrictions may apply. The publisher cannot offer a discount on the Quick Reference Cards.

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed

For further information, see the Assessment Tasks.

Teaching Contacts
John Milburn Unit Coordinator
j.a.milburn@cqu.edu.au
Schedule
Week 1 Begin Date: 05 Mar 2018

Module/Topic

Introduction to Foundations of Property Law

Chapter

B Edgeworth, C Rossiter, P O'Connor and A Godwin, Sakville & Neave Australian Property Law, 10th ed, LexisNexis Butterworths Australia, 2016 [APL 10th ed] Ch 1 [1.1-1.4]


Events and Submissions/Topic

Week 2 Begin Date: 12 Mar 2018

Module/Topic

Topic 1: Concept of Property

Chapter

APL 10th ed, Ch 1 [1.5-1.66]


Events and Submissions/Topic

Week 3 Begin Date: 19 Mar 2018

Module/Topic

Topic 2: Classification and Boundaries between Types of Property

Chapter

APL 10th ed, Ch 1 [1.67-1.112]


Events and Submissions/Topic

Week 4 Begin Date: 26 Mar 2018

Module/Topic

Topic 3: Possession and Title

Chapter

APL 10th ed, Ch 2 [2.1-2.119]


Events and Submissions/Topic

Week 5 Begin Date: 02 Apr 2018

Module/Topic

Topic 4: Title to Personal Property

Chapter

Moore, Grattan and Griggs, APL 5th ed, Ch 4 [4.05-4.100] extract supplied on Moodle

S Hepburn, Quick Reference Card Personal Property Law 1st (2015)

Additional materials on Moodle

Events and Submissions/Topic

Vacation Week Begin Date: 09 Apr 2018

Module/Topic


Chapter


Events and Submissions/Topic

Week 6 Begin Date: 16 Apr 2018

Module/Topic

Topic 5: Personal Property Security Act 2009 (Cth): PPSA

Chapter

R Chambers, An Introduction to Property Law in Australia, 3rd ed, Ch 31 (extract supplied on Moodle)

N Mirzai, Quick Reference Card Personal Property Security Act 1st (2012)

Additional materials supplied on Moodle

Events and Submissions/Topic

Week 7 Begin Date: 23 Apr 2018

Module/Topic

Topic 6: Fragmentation of Proprietary Interests in Land

Chapter

APL 10th ed, Ch 3 [3.1-3.75]


Events and Submissions/Topic

Week 8 Begin Date: 30 Apr 2018

Module/Topic

Topic 7: State Land in Qld and Native Title

Chapter

APL 10th ed, Ch 3 [3.76-3.128]

A Wallace, M Wier and L McCrimmon, Real Property Law in Queensland, 4th ed, Thomson reuters Lawbook Co, 2005 [2.160-2.370] (Crown leases in Qld) (an extract will be supplied on Moodle)


Events and Submissions/Topic

Two Online Quizzes Due: Week 8 Friday (4 May 2018) 11:45 pm AEST
Week 9 Begin Date: 07 May 2018

Module/Topic

Topic 8: Acquisition of Property Rights

Chapter

APL 10th ed, Ch 4 [4.1-4.106]


Events and Submissions/Topic

Unit participation assessment Due: Week 9 Thursday (10 May 2018) 11:45 pm AEST
Week 10 Begin Date: 14 May 2018

Module/Topic

Topic 9: Equitable Property and Equitable Doctrines

Chapter

APL 10th ed, Ch 4 [4.107-4.172]


Events and Submissions/Topic

Week 11 Begin Date: 21 May 2018

Module/Topic

Topic 10: Equitable Priority Rules

Chapter

APL 10th ed, Ch 4 [4.173-4.213]


Events and Submissions/Topic

Week 12 Begin Date: 28 May 2018

Module/Topic

Review of Foundations of Property Law and exam preparation

Chapter



Events and Submissions/Topic

Review/Exam Week Begin Date: 04 Jun 2018

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 11 Jun 2018

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Group Discussion

Assessment Title
Unit participation assessment

Task Description

The assessment will assess your participation in the Unit covering W3-9. You will need to show evidence of your participation in the Unit in various ways.

Importantly, participation will not only be assessed through attendance and involvement in zoom tutorials as its is appreciated that not all students will be able to attend online zoom tutorials. The assessment is designed to allow online learners the opportunity to showcase their involvement with the Unit over W3-9 in various ways.

More detailed information about completing this assessment will be uploaded to the Unit Moodle prior to start of the Term.

This assessment will be discussed in the Week 1 tutorial.


Assessment Due Date

Week 9 Thursday (10 May 2018) 11:45 pm AEST


Return Date to Students

Week 12 Monday (28 May 2018)


Weighting
10%

Assessment Criteria

These criteria are a general guide as to the standard expected at the various levels. It is not necessarily the case that all

these criteria will be met at a particular standard as there may be a superior performance on one of the criteria and not so
satisfactory performance on another.

These criteria apply to participation in compliance with the assessment requirements including written, oral and/or multi-media presentations which the student has decided to submit as evidence of their Unit participation. The assessment period for Unit Participation runs from Weeks 3-9 inclusive.

High distinction standard
The contribution is very well made and clearly expressed
There is a demonstrated appreciation and understanding of the issues
involved
Conclusions are backed by well-reasoned arguments demonstrating a
detailed insight and analysis of issues

Evidence submitted reflects sophistication in both grasp of content and legal skills in property law


Distinction standard
The contribution is well made and expressed
The contribution is structured and logical
The issues have been reasonably well identified and appreciated
Issues have been analysed and reference is made to all appropriate
legislation and case law , although the analysis and interpretation as appropriate is not as
detailed and reasoned as for the high distinction standard


Credit standard
The contribution is generally well expressed and/or written or recorded
The contribution is structured and sequential
Issues are identified and addressed with an attempt to analyse some of the
issues
The coverage of issues is reasonably comprehensive often with a good
treatment and analysis of particular points
Depth of treatment is often lacking in some of the issues


Pass standard
The contribution is able to be followed and understood
The contribution could perhaps be better organised and structured
Issues may need to be identified and addressed in more depth
Analysis when present may be incorrect
Some familiarity with the legislation and case law and its application is
demonstrated

The referencing may need improvement
Sometimes the conclusions reached are overly simplistic
There may be quantities of material of marginal relevance included in the
answer


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Explain and discuss the meaning and purpose of the concept of property and property rights
  • Compare and contrast aspects of Australian property law under the common law system with aspects of the South African mixed legal system in relation to constitutional protection of property rights
  • Appraise and apply the scheme for regulating and registering security interests in personal property under the Personal Property Securities Act 2009 (Cth)
  • Explain and evaluate the methods and processes under law for creating, disposing and enforcing proprietary interests in relation to both personal and real property
  • Summarise and describe the nature of interests in State land in Queensland under the Land Act 1994 (Qld) (as amended)
  • Recognise and critique the framework of indigenous rights to land including native title under the common law and the Native Title Act 1993 (Cth) (as amended)


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Team Work
  • Information Technology Competence
  • Cross Cultural Competence
  • Ethical practice

2 Online Quiz(zes)

Assessment Title
Two Online Quizzes

Task Description

There will be two online quizzes in LAWS12065


Quiz 1: 15% 

This Quiz will be due on Thursday of the mid-term recess. It will assess concepts and legal materials covered in the following topics:

Topic 1: Concept of Property;

Topic 2 Classification and Boundaries between Types of Property; and

Topic 3 Possession and Title

The Quiz will be a mixture of policy style and legal-problem solving questions.

Questions will test awareness of relevant property law concepts, legislation and case law from the above topics and in an applied way.

The first Quiz  will be undertaken by students individually.


Quiz 2: 15%

This Quiz will be due on Friday of Week 8 of Term. It will assess concepts and legal materials covered in the following topics:

Topics 4 Title to Personal Property;

Topic 5 PPSA;

Topic 7: Public Land and Native Title

The Quiz will be  a mixture of policy style and legal-problem solving questions.

Questions will test awareness of relevant property law concepts, legislation and case law from the above topics and in an applied way.

Quiz 2  maybe completed OPTIONALLY in groups of up to 4 students.




Number of Quizzes

2


Frequency of Quizzes

Other


Assessment Due Date

Week 8 Friday (4 May 2018) 11:45 pm AEST

Please note the following: Quiz 1 is due Thursday of the mid-term recess; Quiz 2 is due Friday of Week 8 of the Term


Return Date to Students

Week 11 Monday (21 May 2018)

Please not the following: Quiz 1 will be returned to students Friday of Week 7; Quiz 2 will be returned to students Monday Week 11


Weighting
30%

Assessment Criteria


These criteria are a general guide as to the standard expected at the various levels. It is not necessarily the case that all
these criteria will be met at a particular standard as there may be a superior performance on one of the criteria and not so
satisfactory performance on another.


High distinction standard
The answer is very well written and clearly expressed
There is a demonstrated appreciation and understanding of the issues involved
Demonstrated mastery of referencing system
Conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues

The analysis and discussion is sophisticated from a variety of perspectives


Distinction standard
The answer is well written and expressed
The answer is structured and logical
The issues have been reasonably well identified and appreciated
There is correct use of referencing
Issues have been analysed and reference is made to all appropriate legislation and case law , although the
analysis and interpretation is not as detailed and reasoned as for the high distinction standard


Credit standard
The answer is generally well written and expressed
The answer is structured and sequential
Referencing is satisfactory
Issues are identified and addressed with an attempt to analyse some of the issues
The coverage of issues is reasonably comprehensive often with a good treatment and analysis of particular points
Depth of treatment is often lacking in some of the issues discussed


Pass standard
The answer is able to be followed and understood
The answer could perhaps be better organised and structured
The referencing may need improvement
Issues may need to be identified and addressed in more depth
Analysis when present may be incorrect
Some familiarity with the legislation and case law and its application is demonstrated
Sometimes the conclusions reached are somewhat simplistic
There may be quantities of material of marginal relevance included in the answer


Referencing Style

Submission
Online

Submission Instructions
The 20% Quiz can be completed optionally in groups of up to 4 students

Learning Outcomes Assessed
  • Explain and discuss the meaning and purpose of the concept of property and property rights
  • Compare and contrast aspects of Australian property law under the common law system with aspects of the South African mixed legal system in relation to constitutional protection of property rights
  • Appraise and apply the scheme for regulating and registering security interests in personal property under the Personal Property Securities Act 2009 (Cth)
  • Summarise and describe the nature of interests in State land in Queensland under the Land Act 1994 (Qld) (as amended)
  • Recognise and critique the framework of indigenous rights to land including native title under the common law and the Native Title Act 1993 (Cth) (as amended)


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Information Technology Competence

Examination

Outline
Complete an invigilated examination

Date
During the examination period, at a CQUniversity examination centre

Weighting
60%

Length
180 minutes

Details
Dictionary - non-electronic, concise, direct translation only (dictionary must not contain any notes or comments).
Law dictionaries, Business and Law dictionaries (discipline specific dictionaries) are authorised.
Open Book
Academic Integrity Statement

As a CQUniversity student you are expected to act honestly in all aspects of your academic work.

Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.

When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.

Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.

As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.

What is a breach of academic integrity?

A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.

Why is academic integrity important?

A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.

Where can I get assistance?

For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.

What can you do to act with integrity?