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.
Corrections

Unit Profile Correction added on 26-03-20

The end of term examination has now been changed to an alternate form of assessment. Please see your Moodle site for details of the assessment.

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 - 2020

Online

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 Student evaluation

Feedback

Assessment

Recommendation

In T120 a changed assessment regime will be introduced involving between 2-3 assessments (reduced from 4), potentially 10% written/participation assessment, 40% written and legal technology skills assessment and 50% final exam or take home paper.

Feedback from Self-reflection

Feedback

Recordings (Lectures and tutorials)

Recommendation

In T119 use of break-out function in zoom was implemented for tutorials. Use of the break-out function, where used, will be adjusted to accommodate using speaker view to emphasise the lead role of the instructor. This function in zoom will also be used more selectively in the future.

Feedback from Student evaluation

Feedback

Recordings (Lectures and tutorials)

Recommendation

All recordings will be to up to date and uploaded as audio and vidcasts. Vidcasts will be uploaded via YouTube for ease of access across multiple electronic and mobile devices.

Feedback from self-reflection

Feedback

Unit materials

Recommendation

In ongoing revision, a stronger narrative style will be adopted with reference to integration with the prescribed text. There will also be a stronger emphasis placed on topics covering the personal property securities legal framework and Native Title in light of recent legal developments.

Feedback from Student evaluation

Feedback

Unit materials and prescribed texts

Recommendation

Notes will be further revised to provide a stronger narrative discussion for online learners. Additional materials on the Unit Moodle will be rationalised with the aim of providing students with a more manageable reading load.

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

Copies are available for purchase at the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code)

IT Resources

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

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed

For further information, see the Assessment Tasks.

Teaching Contacts
John Milburn Unit Coordinator
j.a.milburn@cqu.edu.au
Amanda-Jane George Unit Coordinator
a.m.george@cqu.edu.au
Schedule
Introduction to Foundations of Property Law Begin Date: 09 Mar 2020

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

Topic 1: Concept of Property Begin Date: 16 Mar 2020

Module/Topic

Topic 1: Concept of Property

Chapter

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


Events and Submissions/Topic

Topic 2: Classification and Boundaries between Types of Property Begin Date: 23 Mar 2020

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

Topic 3: Possession and Title Begin Date: 30 Mar 2020

Module/Topic

Topic 3: Possession and Title

Chapter

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


Events and Submissions/Topic

Topic 4: Title to Personal Property Begin Date: 06 Apr 2020

Module/Topic

Topic 4: Title to Personal Property

Chapter


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

Additional materials on Moodle

Events and Submissions/Topic

Unit participation assessment Due: Week 5 Thursday (9 Apr 2020) 11:45 pm AEST
Vacation Week Begin Date: 13 Apr 2020

Module/Topic


Chapter


Events and Submissions/Topic

Topic 5: Registration system for security Interests in personal property under the PPSA and PPSR Begin Date: 20 Apr 2020

Module/Topic

Topic 5: Registration system for security Interests in personal property under the PPSA and PPSR

Chapter

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

Additional materials supplied on Moodle

Events and Submissions/Topic

Topic 6: Fragmentation of Proprietary Interests in Land Begin Date: 27 Apr 2020

Module/Topic

Topic 6: Fragmentation of Proprietary Interests in Land

Chapter

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


Events and Submissions/Topic

Topic 7: State Land in Qld and Native Title Begin Date: 04 May 2020

Module/Topic

Topic 7: State Land in Qld and Native Title

Chapter

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

Additional materials supplied on Moodle

Events and Submissions/Topic

Topic 8: Acquisition of Property Rights Begin Date: 11 May 2020

Module/Topic

Topic 8: Acquisition of Property Rights

Chapter

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


Events and Submissions/Topic

Topic 9: Equitable Property and Equitable Doctrines Begin Date: 18 May 2020

Module/Topic

Topic 9: Equitable Property and Equitable Doctrines

Chapter

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


Events and Submissions/Topic

Online assessment Due: Week 10 Thursday (21 May 2020) 11:45 pm AEST
Review of Unit and exam preparation Begin Date: 25 May 2020

Module/Topic

Review of Foundations of Property Law and exam preparation

Chapter


Events and Submissions/Topic

Review of Unit and exam preparation Begin Date: 01 Jun 2020

Module/Topic

Review of Foundations of Property Law and exam preparation

Chapter



Events and Submissions/Topic

Review/Exam Week Begin Date: 08 Jun 2020

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 15 Jun 2020

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Group Discussion

Assessment Title
Unit participation assessment

Task Description

Group discussion 10%. No maximum word length. All submissions must adhere to the citation method used in the Australian Guide to Legal Citation, 4th ed referencing style. This assessment is designed to reinforce student learning in relation to the early-unit material covering Topics 1-4 (to week 5). The assessment requires students to maintain a Word document where the student identifies their involvement in the unit.

This assessment will be discussed in the Introductory tutorial.


Assessment Due Date

Week 5 Thursday (9 Apr 2020) 11:45 pm AEST

I expect students to present their assignment work on time. Please note that I will not consider any request for an extension of time unless you upload an application in the appropriate manner, supported by documentation and made prior to the due time/date. I will impose a penalty deduction of 5% per day for late work, up to the final cut-off date (Wednesday, 22 April 2020 at 11:45 PM AEST). Failure to upload work by the cut-off date will result in a nil mark.


Return Date to Students

Week 6 Thursday (23 Apr 2020)

Student satisfaction surveys in the past indicate student concerns when a unit coordinator does not provide assessment feedback quickly. Generally, I release the feedback and marks the day after the final cut-off date.


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 Topics 1-4 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

Submission Instructions
I will only accept online submission of your work. Upload your work in a Word document (not PDF). I expect students to present their assignment work on time. Take care with your submission. Avoid obvious mistakes, such as basic spelling and grammatical errors. Read your paper out aloud, word by word. It is slow however; it may be a productive exercise. Alternatively, or in addition, ask a friend to read your material. Generally, you should submit one document (even if the assessment is in two or more parts) and ensure that your name is included in the name of the saved document.

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
Online assessment

Task Description

Online Quiz

There will be an online assessment in LAWS12065

Part A:10%

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

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

Part B: 20%

It will involve a legal-problem assessing concepts and legal materials covered in the following topics:

  • Topic: 2 Fixtures
  • Topics: 4 Title to Personal Property; and
  • Topic 5 PPSA.

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


Number of Quizzes

1


Frequency of Quizzes

Other


Assessment Due Date

Week 10 Thursday (21 May 2020) 11:45 pm AEST

I expect students to present their assignment work on time. Please note that I will not consider any request for an extension of time unless you upload an application in the appropriate manner, supported by documentation and made prior to the due time/date. I will impose a penalty deduction of 5% per day for late work, up to the final cut-off date (Wednesday, 3 June 2020 at 11:45 PM AEST). Failure to upload work by the cut-off date will result in a nil mark.


Return Date to Students

Week 12 Thursday (4 June 2020)

Student satisfaction surveys in the past indicate student concerns when a unit coordinator does not provide assessment feedback quickly. Generally, I release the feedback and marks the day after the final cut-off date.


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
I will only accept online submission of your work. Upload your work in a Word document (not PDF). I expect students to present their assignment work on time. Take care with your submission. Avoid obvious mistakes, such as basic spelling and grammatical errors. Read your paper out aloud, word by word. It is slow however; it may be a productive exercise. Alternatively, or in addition, ask a friend to read your material. Generally, you should submit one document (even if the assessment is in two or more parts) and ensure that your name is included in the name of the saved document.

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
120 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?