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 - 2022
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 Unit Coordinator
A new book should be prescribed for the basis of the practical tutorial sessions. The book has more examples which students can practice their problem solving skills.
The Book Focus - Land Law Edition: 5 (2020) by Webb & Stephenson Lexis Nexis will be prescribed. It is also available online through the CQU library.
Feedback from Unit Coordinator
The unit should better compliment the content in the 2nd Property Law unit being Land Law - LAWS12066
The unit coordinators will consult more intensively to ensure topics in both units compliment each other. Also the new prescribed book Focus - Land Law will also be prescribed in Land Law - LAWS12066.
- 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
Focus - Land Law
Edition: 5 (2020)
Authors: Webb and Stephenson
Lexis Nexis
Chatswood Chatswood , NSW , Australia
ISBN: 9780409348538
Binding: Paperback
Sackville & Neave Australian Property Law
Edition: 11 (2020)
Authors: Edgeworth, Rossiter, O'Connor, Godwin and Terrill
Lexis Nexus
Chatswood Chatswood , NSW , Australia
ISBN: 9780409352092
Binding: Paperback
LN Q&A Property Law
Edition: 4 (2020)
Authors: Cameron-Dow and Cantatore
LexisNexis
Chatswood Chatswood , NSW , Australia
ISBN: 9780409351958
Binding: Paperback
Quick Reference Card Personal Property LAw
(2015)
Authors: Hepburn
Lexis Nexis
ISBN: 9780409340242
Binding: Other
Quick Reference Card Personal Property Securities Act
(2012)
Authors: Mirzai
Lexis Nexis
ISBN: 9780409330380
Binding: Other
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
- 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.
j.m.harding@cqu.edu.au
v.lambropoulos@cqu.edu.au
n.corbett-jarvis@cqu.edu.au
Module/Topic
Introduction to Foundations of Property Law
Chapter
B Edgeworth, C Rossiter, P O'Connor and A Godwin, Sackville & Neave Australian Property Law, 11th ed, LexisNexis Butterworths Australia, 2016 [APL 11th ed] Ch 1 [1.1-1.4]
E Webb and M Stephenson, Focus Land Law, 5th ed, LexisNexis Butterworths Australia, 2020 [FLL 5th ed] Ch 1 [1.1-1.13]
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, various [1.3, 1.65-1.67, 1.74, 1.77-1.85, 2.3, 11.9, 11.10}
L Cameron-Dow and F Cantatore, Lexis Nexis Q&A, 4th ed, LexisNexis Butterworths Australia, 2020 [LNQA 4th ed] Ch 12 - The Doctrine of Fixtures
S 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, Ch 11 [11.4-11.21]
LNQA 4th ed, Ch 8 - Personal Property Securities
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 [3.1-3.67]
Events and Submissions/Topic
Module/Topic
Topic 7: State Land in Qld and Native Title
Chapter
APL 11th ed, Ch 3 [3.68-3.109]
FLL 5th ed, CH 4 Native Title
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 (8 Apr 2022) 11:59 pm AEST
Submitted online
Returned online
I assess students on their ability to demonstrate thinking and writing and presentation skills, to comprehend the material, to process the material and to provide a critical analysis and logical discussion of the law. Students are required to communicate clearly and logically and in a concise manner. I expect you to present in a professional manner. You must appropriately reference and attribute the work of others.
I particularly encourage students to take a critical lens to their assessment tasks. Students are required to critically analyse and evaluate information, facts, law and policy in a problem solving context. The skills being emphasised involve the critical appraisal and reflection on case law, legislation and literature
Fail
You will have shown evidence of the following:
• your expression is poor and difficult to understand
• the answer is poorly organised
• referencing is generally inadequate
• lack of familiarity with the legislation and its application
• failure to identify and address the issues in the question
• reasoning and application demonstrated is poor
Pass
You will have:
• made a conscientious attempt to address the topic and/or answer the question
• shown evidence of having done the required reading and of having understood the reading
• presented a reasonable argument to back up your conclusions
• demonstrated a reasonable level of presentation
• used referencing but this may need improvement
• issues that may need to be identified and addressed in more depth
Credit
You will have:
• addressed the topic and/or answered the question directly
• presented soundly based arguments and backed these up with reasons
• gone beyond description to analysis of key issues
• used the English language well
• shown evidence of reading widely
• demonstrated understanding of the reading
• used referencing that is satisfactory
Distinction
You will have:
• met the above criteria for a credit
• demonstrated the attainment of a high degree of understanding of the concepts of the course
• demonstrated deep insight into the application of knowledge and skills acquired to complex theoretical and practical situations
• used referencing correctly
• made reference to all appropriate legislation
High Distinction
You will have:
• met the above criteria for a distinction
• demonstrated the attainment of an outstanding level of achievement regarding the objectives of this course
• demonstrated an interesting and/or original approach/idea/argument
• demonstrated mastery of the relevant referencing system
• ensured your conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues
- 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)
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Team Work
- Information Technology Competence
- Cross Cultural Competence
- Ethical practice
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 8 Tuesday (3 May 2022) 11:59 pm AEST
To be submitted online
Returned online
I assess students on their ability to demonstrate thinking and writing and presentation skills, to comprehend the material, to process the material and to provide a critical analysis and logical discussion of the law. Students are required to communicate clearly and logically and in a concise manner. I expect you to present in a professional manner. You must appropriately reference and attribute the work of others.
I particularly encourage students to take a critical lens to their assessment tasks. Students are required to critically analyse and evaluate information, facts, law and policy in a problem solving context. The skills being emphasised involve the critical appraisal and reflection on case law, legislation and literature
Fail
You will have shown evidence of the following:
• your expression is poor and difficult to understand
• the answer is poorly organised
• referencing is generally inadequate
• lack of familiarity with the legislation and its application
• failure to identify and address the issues in the question
• reasoning and application demonstrated is poor
Pass
You will have:
• made a conscientious attempt to address the topic and/or answer the question
• shown evidence of having done the required reading and of having understood the reading
• presented a reasonable argument to back up your conclusions
• demonstrated a reasonable level of presentation
• used referencing but this may need improvement
• issues that may need to be identified and addressed in more depth
Credit
You will have:
• addressed the topic and/or answered the question directly
• presented soundly based arguments and backed these up with reasons
• gone beyond description to analysis of key issues
• used the English language well
• shown evidence of reading widely
• demonstrated understanding of the reading
• used referencing that is satisfactory
Distinction
You will have:
• met the above criteria for a credit
• demonstrated the attainment of a high degree of understanding of the concepts of the course
• demonstrated deep insight into the application of knowledge and skills acquired to complex theoretical and practical situations
• used referencing correctly
• made reference to all appropriate legislation
High Distinction
You will have:
• met the above criteria for a distinction
• demonstrated the attainment of an outstanding level of achievement regarding the objectives of this course
• demonstrated an interesting and/or original approach/idea/argument
• demonstrated mastery of the relevant referencing system
• ensured your conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues
- 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)
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
3 Take Home Exam
The take home paper will be held at a date to be advised.
1. Submissions after the deadline has passed will not be accepted.
2. Failure to submit by the deadline will result in a mark of zero for this assessment as the paper will not be marked.
3. Extensions are not available for this take home paper.
4. Exam conditions apply to all take home papers.
This is a nominal date. The precise date will be advised during the term.
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.
I assess students on their ability to demonstrate thinking and writing and presentation skills, to comprehend the material, to process the material and to provide a critical analysis and logical discussion of the law. Students are required to communicate clearly and logically and in a concise manner. I expect you to present in a professional manner. You must appropriately reference and attribute the work of others.
I particularly encourage students to take a critical lens to their assessment tasks. Students are required to critically analyse and evaluate information, facts, law and policy in a problem solving context. The skills being emphasised involve the critical appraisal and reflection on case law, legislation and literature
Fail
You will have shown evidence of the following:
• your expression is poor and difficult to understand
• the answer is poorly organised
• referencing is generally inadequate
• lack of familiarity with the legislation and its application
• failure to identify and address the issues in the question
• reasoning and application demonstrated is poor
Pass
You will have:
• made a conscientious attempt to address the topic and/or answer the question
• shown evidence of having done the required reading and of having understood the reading
• presented a reasonable argument to back up your conclusions
• demonstrated a reasonable level of presentation
• used referencing but this may need improvement
• issues that may need to be identified and addressed in more depth
Credit
You will have:
• addressed the topic and/or answered the question directly
• presented soundly based arguments and backed these up with reasons
• gone beyond description to analysis of key issues
• used the English language well
• shown evidence of reading widely
• demonstrated understanding of the reading
• used referencing that is satisfactory
Distinction
You will have:
• met the above criteria for a credit
• demonstrated the attainment of a high degree of understanding of the concepts of the course
• demonstrated deep insight into the application of knowledge and skills acquired to complex theoretical and practical situations
• used referencing correctly
• made reference to all appropriate legislation
High Distinction
You will have:
• met the above criteria for a distinction
• demonstrated the attainment of an outstanding level of achievement regarding the objectives of this course
• demonstrated an interesting and/or original approach/idea/argument
• demonstrated mastery of the relevant referencing system
• ensured your conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues
- 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.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Cross Cultural Competence
- Ethical practice
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?
