Overview
LAWS12065 Foundations of Property Law introduces students to the law of real and personal property in Australia. Topics will include: (1) real property and land law, including land registration, e-conveyancing, interests in land, native title, dispositions, the doctrine of estates, adverse possession and the doctrine of fixtures; and (2) personal property law, including interests in personal property and the Personal Property Securities Act 2009 (Cth).
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 - 2024
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 SUTE
Consider having the final assessment in the exam period not in week 12
This will be reviewed
Feedback from SUTE
Consider having a final assessment that is longer than 2 hours
This will be reviewed
Feedback from SUTE
The online quiz was unusual and not something many students have done before
Consider providing students with a sample formative quiz for them to attempt in the lead up to the exam
Feedback from Student feedback, unit coordinator reflection
The negotiation exercise was very time-consuming for students to complete.
The assessment will be reviewed in an attempt to make it more efficient
- Examine the characteristics of, and the differences between, real property and personal property in Australian law
- Explain and apply Australian legislation and/or common law to advise on property law issues
- Communicate in a professional and persuasive manner both orally and in writing
- Work individually and collaboratively in an effective manner to negotiate a suitable outcome in accordance with a client’s instructions
- Examine property law issues relevant to social innovation (such as personal property and technology, e-conveyancing, and/or blockchain).
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 1 - Group Discussion - 10% | |||||
| 2 - Practical Assessment - 30% | |||||
| 3 - Online Test - 60% | |||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 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 | |||||
Textbooks
LexisNexis Questions and Answers: Property Law, 4th edition
Edition: 4 (2020)
Authors: Laura-Leigh Cameron-Dow and Francina Cantatore
Lexis Nexis
Chatswood Chatswood , NSW , Australia
ISBN: 9780409351958
Binding: Paperback
Sackville & Neave Australian Property Law, 11th edition
Edition: 11th (2021)
Authors: Brendan Edgeworth, Chris Rossiter, Pamela O'Connor, Andrew Godwin, Leon Terrill
Lexis Nexis
Chatswood Chatswood , NSW , Australia
ISBN: 9780409352092
Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Microphone and camera for use with Zoom
- Zoom (both microphone and webcam capability)
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.capuano@cqu.edu.au
Module/Topic
Chapter
Readings and materials in Moodle
Events and Submissions/Topic
Module/Topic
Chapter
Brendan Edgeworth, Chris Rossiter, Pamela O’Connor, Andrew Godwin and Leon Terrill, Sackville & Neave Australian Property Law (11th ed, 2021, LexisNexis), pp 1-55
Laura-Leigh Cameron-Dow and Francina Cantatore, LexisNexis Questions and Answers: Property Law (4th ed, 2020, Lexis Nexis), ch 1
Events and Submissions/Topic
Module/Topic
Chapter
Brendan Edgeworth, Chris Rossiter, Pamela O’Connor, Andrew Godwin and Leon Terrill, Sackville & Neave Australian Property Law (11th ed, 2021, LexisNexis), 99-134
Laura-Leigh Cameron-Dow and Francina Cantatore, LexisNexis Questions and Answers: Property Law (4th ed, 2020, Lexis Nexis), ch 11
Events and Submissions/Topic
Module/Topic
Chapter
Brendan Edgeworth, Chris Rossiter, Pamela O’Connor, Andrew Godwin and Leon Terrill, Sackville & Neave Australian Property Law (11th ed, 2021, LexisNexis), 561-608
Events and Submissions/Topic
Module/Topic
Chapter
Brendan Edgeworth, Chris Rossiter, Pamela O’Connor, Andrew Godwin and Leon Terrill, Sackville & Neave Australian Property Law (11th ed, 2021, LexisNexis), 56-76
Laura-Leigh Cameron-Dow and Francina Cantatore, LexisNexis Questions and Answers: Property Law (4th ed, 2020, Lexis Nexis), ch 12
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Brendan Edgeworth, Chris Rossiter, Pamela O’Connor, Andrew Godwin and Leon Terrill, Sackville & Neave Australian Property Law (11th ed, 2021, LexisNexis), 79-98, 919-923
Laura-Leigh Cameron-Dow and Francina Cantatore, LexisNexis Questions and Answers: Property Law (4th ed, 2020, Lexis Nexis), ch 8
Events and Submissions/Topic
Module/Topic
Chapter
Brendan Edgeworth, Chris Rossiter, Pamela O’Connor, Andrew Godwin and Leon Terrill, Sackville & Neave Australian Property Law (11th ed, 2021, LexisNexis), 162-170
Mabo and Others v Queensland (No. 2) (1992) 175 CLR 1
Events and Submissions/Topic
Module/Topic
Chapter
Brendan Edgeworth, Chris Rossiter, Pamela O’Connor, Andrew Godwin and Leon Terrill, Sackville & Neave Australian Property Law (11th ed, 2021, LexisNexis), 170-201
Laura-Leigh Cameron-Dow and Francina Cantatore, LexisNexis Questions and Answers: Property Law (4th ed, 2020, Lexis Nexis), ch 5
Events and Submissions/Topic
Module/Topic
Chapter
Brendan Grigg, 'Transaction Technologies and Property Law' (Report, Centre for Professional Legal Education, Bond University, September 2022).
Brendan Edgeworth, Chris Rossiter, Pamela O’Connor, Andrew Godwin and Leon Terrill, Sackville & Neave Australian Property Law (11th ed, 2021, LexisNexis), 364-365
Halsbury’s Laws of Australia, [355-8036]
Events and Submissions/Topic
Module/Topic
Chapter
Halsbury's Laws of Australia, [240-1500] - [240-3310], [240-4998] - [240-5035], [240-8000] - [240-8080]
Isabella Alexander, ‘The Aboriginal flag is now ‘freely available for public use’. What does this mean from a legal standpoint?’ (The Conversation, 28 January 2022) < https://theconversation.com/the-aboriginal-flag-is-now-freely-available-for-public-use-what-does-this-mean-from-a-legal-standpoint-175626>
Nicola St John and Emrhan Sultan, ‘Labelling ‘fake art’ isn’t enough. Australia needs to recognise and protect First Nations cultural and intellectual property’ (The Conversation, 26 July 2022) <https://theconversation.com/labelling-fake-art-isnt-enough-australia-needs-to-recognise-and-protect-first-nations-cultural-and-intellectual-property-187426>
Jemima Burt, ‘Non-Indigenous business fails in bid to trademark Aboriginal bush medicine’ (ABC News, 24 January 2020) <https://www.abc.net.au/news/2020-01-24/gumby-gumby-trademark-fails/11890218>
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Group Discussion
This task is completed in groups of 4. The group will comprise of you, your team member from the negotiation exercise (assessment 2), and another pair of students (students will need to form groups as per the instructions in Moodle). In this group, you will critically reflect on your negotiation task, and share where you think you could have improved and where you think you performed well.
Each group member must individually submit a document which: (1) explains what they learned from the negotiation exercise personally through engaging in self-reflection; and (2) comment on what they learned from another group member's reflection in the group discussion.
Week 9 Friday (10 May 2024) 4:00 pm AEST
Submission online via Moodle
Week 11 Friday (24 May 2024)
Online via Moodle
Marks are awarded based on the quality of your self-reflection and analysis of a group's member's self-reflection. It is insufficient to merely describe the group discussion, and such descriptions or unconstructive comments will receive low marks. You are expected to engage in reflection and analysis.
Detailed instructions and a marking rubric will be provided on Moodle.
- Communicate in a professional and persuasive manner both orally and in writing
- Work individually and collaboratively in an effective manner to negotiate a suitable outcome in accordance with a client’s instructions
2 Practical Assessment
In this task, students will be required to engage in a negotiation concerning a fictitious set of facts. Students will form groups of two and then arrange to engage in a negotiation with another group. The negotiation will be through Zoom and recorded by the students. Each student must submit: (1) the recording of their negotiation; and (2) a written piece of work supplementing the negotiation. The recording must capture both video and audio, and it must be clear. Cameras must be kept on at all times.
Detailed instructions and a marking rubric will be provided on Moodle.
Week 7 Friday (26 Apr 2024) 4:00 pm AEST
Online via Moodle
Week 9 Friday (10 May 2024)
- Ability to identify issues
- Demonstrated understanding of law and legal principles
- Ability to apply law and legal principles
- Ability to reach conclusions based on legal reasoning
- Ability to communicate clearly, persuasively and professionally, both verbally and in writing
- Ability to work individually and collaboratively in an effective manner to negotiate a suitable outcome in accordance with a client’s instructions
- Examine the characteristics of, and the differences between, real property and personal property in Australian law
- Explain and apply Australian legislation and/or common law to advise on property law issues
- Communicate in a professional and persuasive manner both orally and in writing
- Work individually and collaboratively in an effective manner to negotiate a suitable outcome in accordance with a client’s instructions
- Examine property law issues relevant to social innovation (such as personal property and technology, e-conveyancing, and/or blockchain).
3 Online Test
Students will be required to answer a combination of multiple choice, short answer and problem questions concerning a number of topics covered in the unit. The online test will be 3 hours in duration and it will be held at a date and time to be set by the unit coordinator.
Date to be set by the unit coordinator
Marks will be made available after certification of grades
- Understanding of real property and personal property concepts
- Understanding of law and legal principles
Short answer questions:
- Understanding of real property and personal property concepts
- Understanding of law and legal principles
- Ability to explain concepts, laws and legal principles
- Ability to communicate in writing clearly, succinctly and professionally
Problem questions:
- Ability to identity legal issues
- Ability to identify most relevant law
- Demonstrated understanding of law and legal principles
- Ability to apply law
- Ability to reach a conclusion and advise based on application of law
- Examine the characteristics of, and the differences between, real property and personal property in Australian law
- Explain and apply Australian legislation and/or common law to advise on property law issues
- Communicate in a professional and persuasive manner both orally and in writing
- Examine property law issues relevant to social innovation (such as personal property and technology, e-conveyancing, and/or blockchain).
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?
