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
Pre-requisites or Co-requisites
Pre-requisite: 24 credit points of law units
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 - 2021
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).
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
Assessment Overview
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.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure - Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure - International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback - Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
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 John Milburn
Assessment linked to participation was not well received by students.
Remove all reference to assessment that is linked to participation. Given that an assessment based on participation is not standard practice, the assessment regime must be changed to ensure that assessments relate to the ULO or CLO.
Feedback from John Milburn
Unit materials, including study guides need a refresh.
Refresh, or replace, all unit materials, including study guides with a view to introducing a more practical approach to the presentation of this unit.
- 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)
- 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 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 - Take Home Exam - 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 | |||||||
10 - Aboriginal and Torres Strait Islander Cultures |
Alignment of Assessment Tasks to Graduate Attributes
Assessment Tasks | Graduate Attributes | |||||||||
---|---|---|---|---|---|---|---|---|---|---|
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
1 - Group Discussion - 10% | ||||||||||
2 - Online Quiz(zes) - 30% | ||||||||||
3 - Take Home Exam - 60% |
Textbooks
LNQA Property Law 4e
Edition: 4th (2020)
Authors: Cameron-Dow
LexisNexis Butterworths
Chatswood Chatswood , NSW , Australia
ISBN: 9780409351958
Binding: Paperback
Sackville & Neave Australian Property Law
Edition: 11th (2020)
Authors: Edgeworth, Rossiter, O'Connor, Godwin & Terrill
LexisNexis Butterworths
Chatswood Chatswood , NSW , Australia
ISBN: 9780409352092
Binding: Paperback
Quick Reference Card Personal Property Law
Edition: 1st (2015)
Authors: Hepburn
LexisNexis Butterworths
Chatswood Chatswood , NSW , Australia
ISBN: 9780409340242
Binding: Paperback
Quick Reference Card Personal Property Security Act
Edition: 1st (2012)
Authors: Mirzai
LexisNexis Butterworths
Chatswood Chatswood , NSW , Australia
ISBN: 9780409330380
Binding: Paperback
Additional Textbook Information
CQU recommends students buy the prescribed textbooks (Sackville & Neave Australian Property Law and LNQA Property Law 4e) as a bundle. The bundle title is called PROPCQU21 and the bundle ISBN is 9780001558120.
Copies can be purchased at the CQUni Bookshop here: http://bookshop.cqu.edu.au
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Zoom
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
a.k.coleman@cqu.edu.au
v.lambropoulos@cqu.edu.au
Module/Topic
Introduction to Foundations of Property Law
Chapter
B Edgeworth, C Rossiter, P O'Connor and A Godwin, Sakville & Neave Australian Property Law, 11th ed, LexisNexis Butterworths Australia, 2016 [APL 11th ed] Ch 1 [1.1-1.4]
Events and Submissions/Topic
Module/Topic
Topic 1: Concept of Property
Chapter
APL 11th ed, Ch 1 [1.5-1.64]
Events and Submissions/Topic
Module/Topic
Topic 2: Classification and Boundaries between Types of Property
Chapter
APL 11th ed, Ch 1 [1.65-1.108]
Events and Submissions/Topic
Module/Topic
Topic 3: Possession and Title
Chapter
APL 11th ed, Ch 2
Events and Submissions/Topic
Module/Topic
Topic 4: Title to Personal Property
Chapter
APL 11th ed, [1.3, 1.65-1.67, 1.74, 1.77-1.85, 2.3, 11.9, 11.10
LNQA Ch 12 - Fixtures
Samantha Hepburn, Quick Reference Card Personal Property Law (Lexis Nexis)
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Topic 5: Registration system for security Interests in personal property under the PPSA and PPSR
Chapter
APL 11th ed, [11.4-11.21]
LNQA 4th ed Ch 8.
N Mirzai, Quick Reference Card Personal Property Security Act 1st (2012)
Events and Submissions/Topic
Module/Topic
Topic 6: Fragmentation of Proprietary Interests in Land
Chapter
APL 11th ed, Ch 3
Events and Submissions/Topic
Module/Topic
Topic 7: State Land in Qld and Native Title
Chapter
LNQA 4th ed Ch 5
Additional Materials on moodle
Events and Submissions/Topic
Module/Topic
Topic 8: Acquisition of Property Rights
Chapter
APL 11h ed, Ch 4 [4.1-4.88]
Events and Submissions/Topic
Module/Topic
Topic 9: Equitable Property and Equitable Doctrines
Chapter
APL 11th ed, Ch 4 [4.89 - 4.187]
Events and Submissions/Topic
Module/Topic
Review of Foundations of Property Law and exam preparation
Chapter
Events and Submissions/Topic
Module/Topic
Review of Foundations of Property Law and take home paper
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Group Discussion
This assessment is designed to reinforce student learning in relation to the early-unit material covering Topics 1-4. The assessment requires students to maintain a Word document where the student identifies their involvement in the unit.
Further information provided on Moodle
Week 5 Friday (9 Apr 2021) 11:55 pm AEST
Submitted online
Week 7 Monday (26 Apr 2021)
Returned online
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 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 was a disjointed and unstructured but could be understood
Issues need to be identified and addressed in more depth
Fail
The contribution could not be understood.
Significant errors in presentation.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Team Work
- Information Technology Competence
- Cross Cultural Competence
- Ethical practice
- 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)
2 Online Quiz(zes)
Students will be asked to write a series of short answers to be submitted online. It potentially will cover the unit course content from Topics 1-5.
Further details will be provided on moodle.
Week 10 Friday (21 May 2021) 11:55 pm AEST
To be submitted online
Review/Exam Week Monday (7 June 2021)
Returned online
LAWS12065 General Assessment Criteria
Students' work who fail will have generally displayed the following:
1. All the tasks have not been completed.
2. Did not adequately identify and discuss a relevant number of legal issues.
3. Did not adequately identify and discuss a relevant number of cases and legislation.
4. The paper is not an acceptable standard in relation to its presentation and expression because:
- (a) is not clear and succinct and the language is not appropriate for a law assessment due to its informality;
- (b) the structure is poor, the paper demonstrates a little awareness of structure and purpose;
- (c) the paper has largely referenced material which is not primary and/or academically rigorous for example, online summaries and blogs.
5. Overall has not complied with the AGLC.
Students at a minimum must have completed the following in order to obtain a Pass:
1. All of the tasks have been answered but not satisfactorily.
2. Identified and discussed relevant legal issues but missed a significant number of issues most if not all of which were important issues.
3. Relevant cases and legislation identified and discussed but missed a significant number of them but not a majority of them.
4. Grammar and written expression was satisfactory but there were a large amount of errors throughout.
5. Attempt to comply with AGLC but there were significant errors throughout.
Students at a minimum must have completed the following in order to obtain a Credit:
1. All of the tasks have been completed satisfactorily.
2. Identified and discussed relevant legal issues but missed some issues a minority of which were significant.
3. Relevant cases and legislation identified and discussed but missed a significant number of them but not a majority of them.
4. Grammar and written expression was satisfactory with some errors throughout.
5. Attempt to comply with AGLC but there were significant errors throughout.
Students at a minimum must have completed the following in order to obtain a Distinction:
1. All of the tasks have been completed with few errors.
2. Identified and discussed relevant legal issues. Any errors were few and were mostly minor.
3. Relevant cases and legislation identified and discussed. Any errors were few and mostly minor.
4. Grammar and written expression was very good with some minor errors.
5. AGLC was followed with some minor errors.
Students at a minimum must have completed the following in order to obtain a High Distinction:
1. All of the tasks have been completed with no errors or almost no errors.
2. Identified and discussed all or almost all relevant legal issues.
3. All relevant cases and legislation identified and discussed with no errors or almost no errors.
4. Grammar and written expression was excellent.
5. Followed AGLC with no errors or almost no errors.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- 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)
3 Take Home Exam
The take home paper will be held at a date to be advised.
Exam Week Monday (14 June 2021) 12:00 am AEST
This is a nominal date. The precise date will be advised during the term.
Exam Week Friday (18 June 2021)
To be returned online. As is the custom for invigilated exams the mark in relation to the final assessment will not be released until after certification of grades.
LAWS12065 General Assessment Criteria
Students' work who fail will have generally displayed the following:
1. All the tasks have not been completed.
2. Did not adequately identify and discuss a relevant number of legal issues.3. Did not adequately identify and discuss a relevant number of cases and legislation.4. The paper is not an acceptable standard in relation to its presentation and expression because:
- (a) is not clear and succinct and the language is not appropriate for a law assessment due to its informality;
- (b) the structure is poor, the paper demonstrates a little awareness of structure and purpose;
- (c) the paper has largely referenced material which is not primary and/or academically rigorous for example, online summaries and blogs.
5. Overall has not complied with the AGLC.
Students at a minimum must have completed the following in order to obtain a Pass:
1. All of the tasks have been answered but not satisfactorily.
2. Identified and discussed relevant legal issues but missed a significant number of issues most if not all of which were important issues.3. Relevant cases and legislation identified and discussed but missed a significant number of them but not a majority of them.4. Grammar and written expression was satisfactory but there were a large amount of errors throughout.5. Attempt to comply with AGLC but there were significant errors throughout.
Students at a minimum must have completed the following in order to obtain a Credit:
1. All of the tasks have been completed satisfactorily.
2. Identified and discussed relevant legal issues but missed some issues a minority of which were significant.
3. Relevant cases and legislation identified and discussed but missed a significant number of them but not a majority of them.
4. Grammar and written expression was satisfactory with some errors throughout.
5. Attempt to comply with AGLC but there were significant errors throughout.
Students at a minimum must have completed the following in order to obtain a Distinction:
1. All of the tasks have been completed with few errors.
2. Identified and discussed relevant legal issues. Any errors were few and were mostly minor.
3. Relevant cases and legislation identified and discussed. Any errors were few and mostly minor.
4. Grammar and written expression was very good with some minor errors.5. AGLC was followed with some minor errors.
Students at a minimum must have completed the following in order to obtain a High Distinction:
1. All of the tasks have been completed with no errors or almost no errors.
2. Identified and discussed all or almost all relevant legal issues.
3. All relevant cases and legislation identified and discussed with no errors or almost no errors.
4. Grammar and written expression was excellent.
5. Followed AGLC with no errors or almost no errors.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Cross Cultural Competence
- Ethical practice
- Explain and discuss the meaning and purpose of the concept of property and property rights
- Explain and evaluate the methods and processes under law for creating, disposing and enforcing proprietary interests in relation to both personal and real property
- 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.
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.