Overview
This unit builds on the foundations laid in the pre-requisite unit LAWS12065, Foundations of Property Law. Land Law is the second of two core property law units for students enrolled in the LLB course. The unit has a specific focus on the law of real property, covering the following themes: the concept of land; native title and indigenous rights to land especially pursuant to the Native Title Act 1993 (Cth); land registration systems with an emphasis on the Torrens system and the impact of e-technology pursuant to the Land Title Act 1994 (Qld); co-ownership; leases; mortgages; easements and covenants; community title; and aspects of ownership and tenancy in social housing.
Details
Pre-requisites or Co-requisites
Prerequisities: LAWS11057 Introduction to Law; and LAWS11059 Statutory Interpretation; LAWS12065 Foundations of Property Law; 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 2 - 2017
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 Course evaluation
Recorded tutorials and access to chat box comments
Thought will be given to what form of recording is uploaded from tutorials to maximise effective learning for those unable to attend scheduled classes.
Feedback from Course evaluation
Communication
Every effort will be made to rationale and enhance both the efficiency and equity of communication means, methods and timeliness for the benefit of all.
Feedback from Course evaluation
Assessment configuration
Thought will be given to refining assessment configuration which seeks to balance the testing of core knowledge and legal frameworks contained in course materials with developing a the wider appreciation of the impact of land law and its reform while continuing to emphasise important practical lawyering skills in property law.
- Explain the conceptual features of land under Australian law.
- Critically evaluate the framework of Native Title under the Native Title Act 1996 (Cth), how Native Title is extinguished and the nature of indigenous land claims.
- Critically appraise the systems of land registration with an emphasis on the Torrens system and unregistered interests in Torrens land and the impact of e-technology.
- Appreciate the important themes in land law including: Co-ownership; Leases under general law and relevant legislation; Mortgages; Easements and Covenants; and the management of land where ownership is divided including community title.
- Comprehend the nature of future interests in land and the legal regime governing perpetuities.
- Develop a critical awareness of aspects of the ownership and tenancy in social housing.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | |||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | |
| 1 - Written Assessment - 20% | ||||||
| 2 - Presentation and Written Assessment - 30% | ||||||
| 3 - Written Assessment - 50% | ||||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | |||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | |
| 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 - Written Assessment - 20% | ||||||||||
| 2 - Presentation and Written Assessment - 30% | ||||||||||
| 3 - Written Assessment - 50% | ||||||||||
Textbooks
Australian Property Law- Cases and Materials
Edition: 5th (Lawbook Co. 2016)
Authors: AP Moore, S Grattan and L Griggs,
Thomson Reuters (Professional) Australia Limited,
Pyrmont Pyrmont , NSW , Australia
ISBN: 9780455237886 (pbk.)
Binding: Paperback
Bradbrook, MacCallum, and Moore's Australian Real Property Law
Edition: 6th (Lawbook Co. 2016)
Authors: AP Moore, S Grattan and L Griggs
Thomson Reuters (Professional) Australia Limited
Pyrmont Pyrmont , NSW , Australia
ISBN: 9780455235943 (pbk)
Binding: Paperback
Real Property Law in Queensland
Edition: 4th (Lawbook Co. 2015)
Authors: Anne Wallace, Les McCrimmon, Michael Weir
Thomson Reuters (Professional) Australia Limited
Pryrmont Pryrmont , NSW , Australia
ISBN: 9780455233741 (pbk)
Binding: Paperback
Additional Textbook Information
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Note: Reasonable internet bandwith is required to enable Zoom videoconferencing for synchronous tutorials.
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed
For further information, see the Assessment Tasks.
m.nancarrow@cqu.edu.au
Module/Topic
Nature of Land and the Native Title Act 1996 (Cth)
Chapter
MacCallum and Moore's Australian Real Property Law, (6th ed, 2016), Ch 1, Ch 6 [6.340-6.495].
Australian Property Law: Cases and Materials,
(5 ed, 2016), Ch 7 [7.35-7.120].
Additional resources on Moodle website including recent law.
Events and Submissions/Topic
Module/Topic
Torrens System of Land Registration-Part I: Indefeasability
Chapter
MacCallum and Moore's Australian Real Property Law, (6th ed, 2016), Ch 4 [4.05-4.175].
Australian Property Law: Cases and Materials,
(5 ed, 2016), Ch 5 [5.10-5.130].
Additional resources on Moodle website including recent law.
Events and Submissions/Topic
Module/Topic
Torrens System of Land Registration -Part II: Exceptions to Indefeasability and State Guarantee of Title
Chapter
MacCallum and Moore's Australian Real Property Law, (6th ed, 2016), Ch 4 [4.180-4.570].
Australian Property Law: Cases and Materials,
(5 ed, 2016), Ch 5 [5.135-5.380].
NB. Ch 5 in [APL 2016] relevant for this topic is approx 110 pages! You are not required to read this vast chapter in its entirety. You are required to read important cases in the historical development and modern cases relevant in Queensland under the Land Title Act 1994 (Qld) in relation to exceptions to indefeasibility and state guarantee of title.
Additional resources on Moodle website including recent law.
Events and Submissions/Topic
Module/Topic
Unregistered Interests in Torrens Land and Priorities
Chapter
MacCallum and Moore's Australian Real Property Law, (6th ed, 2016), Ch 5 [5.05-5.280].
Australian Property Law: Cases and Materials,
(5 ed, 2016), Ch 6 [6.05-6.215].
NB. Ch 6 in [APL 2016] relevant for this topic is approx 107 pages! You are not required to read this vast chapter in its entirety. You are required to read important cases in the historical development and modern cases relevant in Queensland under the Land Title Act 1994 (Qld).
Additional resources on Moodle website including recent law.
Events and Submissions/Topic
Module/Topic
Future Interests and Perpetuities
Chapter
MacCallum and Moore's Australian Real Property Law, (6th ed, 2016),
Ch 10 [10.05-10.145];
Ch 11.
Australian Property Law: Cases and Materials,
(5 ed, 2016), Ch 11 [11.05-11.165].
NB. You are required to focus on the legal framework under the Property Law Act 1974 (Qld) and the common law as relevant in Qld.
Additional resources on Moodle website including recent case law.
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Co-ownership
Chapter
MacCallum and Moore's Australian Real Property Law, (6th ed, 2016), Ch 12.
Australian Property Law: Cases and Materials,
(5 ed, 2016), Ch 12.
Additional resources on Moodle website including recent case law.
Events and Submissions/Topic
Module/Topic
Leases
Chapter
MacCallum and Moore's Australian Real Property Law, (6th ed, 2016), Ch 14.
Australian Property Law: Cases and Materials,
(5 ed, 2016), Ch 14.
Additional resources on Moodle website including recent case law.
Events and Submissions/Topic
Module/Topic
Mortgages
Chapter
MacCallum and Moore's Australian Real Property Law, (6th ed, 2016), Ch 8.
Australian Property Law: Cases and Materials,
(5 ed, 2016), Ch 8.
Additional resources on Moodle website including recent case law.
Events and Submissions/Topic
Module/Topic
Easements
Chapter
MacCallum and Moore's Australian Real Property Law, (6th ed, 2016), Ch 17.
Australian Property Law: Cases and Materials,
(5 ed, 2016), Ch 17.
Additional resources on Moodle website including recent case law.
Events and Submissions/Topic
Module/Topic
Land Use Agreements: Negative and Positive Covenants
Chapter
MacCallum and Moore's Australian Real Property Law, (6th ed, 2016), Ch 18.
Australian Property Law: Cases and Materials,
(5 ed, 2016), Ch 18.
Additional resources on Moodle website including recent case law.
Events and Submissions/Topic
Module/Topic
Social Housing
Chapter
Materials uploaded onto the Moodle Unit website.
Events and Submissions/Topic
Module/Topic
Overview of Sale of Land:
Information and Overview only
This topic in not assessed.
Chapter
MacCallum and Moore's Australian Real Property Law, (6th ed, 2016), Ch 8 [8.275-8.335].
Australian Property Law: Cases and Materials,
(5 ed, 2016), pp 728-733 only.
NB:
Additional resources on Moodle website including recent case law.
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
This assessment will help to develop your analytical, evaluative and problem solving skills in relation to land law concepts and legal issues.
The assessment will potentially test concepts and material covered in the topics up to the mid-term break.
The assessment will assess:
Conceptual understanding;
Practical application; and
Plain language communication.
This is a written assessment.
Specific question information and submission details will be be available to students via the Moodle course website.
More details and specific information about the specific requirements for successful completion of the written assessment will be made available at the start of the Term.
Vacation Week Thursday (17 Aug 2017) 9:00 pm AEST
Week 8 Friday (8 Sept 2017)
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 both written and oral aspects of the Moot assessment task.
High distinction standard
- The presentation/document 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
Distinction standard
- The presentation/document is well written and expressed
- The presentation/document 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 presentation/document is generally well written and expressed
- The presentation/document 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
Pass standard
- The presentation/document is able to be followed and understood
- The presentation/document 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 simple
- There may be quantities of material of marginal relevance included in the answer
- Explain the conceptual features of land under Australian law.
- Critically appraise the systems of land registration with an emphasis on the Torrens system and unregistered interests in Torrens land and the impact of e-technology.
- Comprehend the nature of future interests in land and the legal regime governing perpetuities.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
2 Presentation and Written Assessment
This assessment will assess material and concepts covered in the topic on leases.
The assessment will test understanding, application and practical skills potentially in relation to the general law of leases and specific legislative regimes introduced to regulate particular leasehold rights and responsibilities.
Students will be tested though a problem-solving scenario where students will be required to both analyse the relevant legal framework and practically apply that understanding.
Students will be given the opportunity to reflect their applied learning in relation to the law of leases and the
process of protecting and enforcing rights of lessors and lessees.
This assessment will be able to be completed optionally in groups of up to 4 members per group.
This assessment will have a multimedia component (ie part of the assessment will be completed through a
video or audio recording).
More details and specific information about the scenario and the specific requirements for successful completion of the presentation and written assessment will be made available during the term.
Week 9 Friday (15 Sept 2017) 9:00 pm AEST
Week 12 Friday (6 Oct 2017)
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
- Conclusions are backed by well-reasoned arguments demonstrating a detailed insight and analysis of issues
Distinction standard
- The answer is well written and expressed
- The answer 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 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
- 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 answer is able to be followed and understood
- The answer 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
- Sometimes the conclusions reached are simple
- There may be quantities of material of marginal relevance included in the answer
- Appreciate the important themes in land law including: Co-ownership; Leases under general law and relevant legislation; Mortgages; Easements and Covenants; and the management of land where ownership is divided including community title.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Team Work
3 Written Assessment
This Final Written Assessment is in the form of a take home paper at the end of the unit and will be submitted through the Moodle unit website. This is an individual assessment. More information about topics assessed and style of questions will be made available to students during the term via an information sheet. Students can anticipate having approximately 24 hours to undertake the Final Written Assessment.
Review/Exam Week Wednesday (11 Oct 2017) 9:00 pm AEST
Released following certification of grades
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 presentation/document 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
Distinction standard
- The presentation/document is well written and expressed
- The presentation/document 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 presentation/document is generally well written and expressed
- The presentation/document 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
Pass standard
- The presentation/document is able to be followed and understood
- The presentation/document 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 simple
- There may be quantities of material of marginal relevance included in the answer
- Explain the conceptual features of land under Australian law.
- Critically evaluate the framework of Native Title under the Native Title Act 1996 (Cth), how Native Title is extinguished and the nature of indigenous land claims.
- Critically appraise the systems of land registration with an emphasis on the Torrens system and unregistered interests in Torrens land and the impact of e-technology.
- Appreciate the important themes in land law including: Co-ownership; Leases under general law and relevant legislation; Mortgages; Easements and Covenants; and the management of land where ownership is divided including community title.
- Develop a critical awareness of aspects of the ownership and tenancy in social housing.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
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?
