CQUniversity Unit Profile

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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-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 - 2022

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. Take Home Exam
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 John Milburn

Feedback

Assessment linked to participation was not well received by students.

Recommendation

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

Feedback

Unit materials, including study guides need a refresh.

Recommendation

Refresh, or replace, all unit materials, including study guides with a view to introducing a more practical approach to the presentation of this unit.

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 - 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

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 - Take Home Exam - 60%
Textbooks and Resources

Textbooks

Prescribed

Focus - Land Law 5 (2020)

Authors: Webb and Stephenson
Lexis Nexis
Chatswood Chatswood , NSW , Australia
ISBN: 9780409348538
Binding: Paperback
Prescribed

Sackville & Neave Australian Property Law 11 (2020)

Authors: Edgeworth, Rossiter, O'Connor, Godwin and Terrill
Lexis Nexus
Chatswood Chatswood , NSW , Australia
ISBN: 9780409352092
Binding: Paperback
Supplementary

LN Q&A Property Law 4 (2020)

Authors: Cameron-Dow and Cantatore
LexisNexis
Chatswood Chatswood , NSW , Australia
ISBN: 9780409351958
Binding: Paperback
Supplementary

Quick Reference Card Personal Property LAw (2015)

Authors: Hepburn
Lexis Nexis
ISBN: 9780409340242
Binding: Other
Supplementary

Quick Reference Card Personal Property Securities Act (2012)

Authors: Mirzai
Lexis Nexis
ISBN: 9780409330380
Binding: Other
Supplementary

Quick Reference Card Real Property Law (2020)

Authors: Edgeworth
Lexis Nexis
ISBN: 9780409352047
Binding: Other

Additional Textbook Information

There are two prescribed textbooks in this unit. If you are deciding which (if any) to purchase in hard copy, I would recommend you purchase the prescribed text "Focus - Land Law" 5th ed. This is because "Focus - Land Law" is also a prescribed text in LAWS12066, which you will study in T2.

The Sackville and Neave textbook is available to purchase online in hard copy, or online as an e-copy through Lexis Nexis. Sackville and Neave is also available through the CQUni bookshop in a bundle pack deal with "LN Q&A Property Law" 4th ed, which is a supplementary text for this subject. The bundle title is called PROPCQU21 and the bundle ISBN is 9780001558120, Copies can be purchased here: http://bookshop.cqu.edu.au

If you do not wish to purchase either of the prescribed textbooks, please note that students will have access to the two textbooks electronically through the CQUni Library, accessed through a link on the LAWS12065 Moodle site.

There are three quick reference cards which you might find helpful, that have been listed as supplementary resources.  These are available for purchase from the CQUni bookshop, or through Lexis Nexis.

IT Resources

You will need access to the following IT resources:
Academic Integrity Statement

Information for Academic Integrity Statement has not been released yet.

This unit profile has not yet been finalised.