CQUniversity Unit Profile
LAWS12066 Land Law
Land Law
All details in this unit profile for LAWS12066 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.
Corrections

Unit Profile Correction added on 07-08-18

The final examination for this unit is 3 hours and is open book.

General Information

Overview

LAWS12066 Land Law has a specific focus on the law of real property in Queensland, covering the following themes: the concept of land; land registration systems with an emphasis on the Torrens system and the impact of e-technology pursuant to the Land Title Act 1994 (Qld); the principles for resolving priority disputes in Torrens title land under the Land Title Act 1994 (Qld); future interests and the rule against perpetuities under the Property Law Act 1974 (Qld) and the general law; concurrent ownership including aspects of community title under the Body Corporate and Community Management Act 1997 (Qld) (as amended); leases; mortgages; easements; restrictive freehold covenants; and aspects of ownership, tenancy and regulation of social housing in Queensland. This unit together with LAWS12065 Foundations of Property Law meets the LPAB requirements for property law.

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

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 - 2018

Distance

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. Online Quiz(zes)
Weighting: 20%
2. Presentation
Weighting: 30%
3. Examination
Weighting: 50%

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 Self-Reflection

Feedback

Content design and configuration

Recommendation

Land Law is a demanding unit with a heavy load in terms of topics and readings. Before the next offering of the Unit in T2 2018 changes to content and re-configuration of material and resources will be undertaken. These include the following: -Native Title will moved to LAWS12065 -Some rearrangement of material will be undertaken -a strengthened focus on both technology and a land law practice perspective will be considered -consideration will be given to making easements and freehold covenants offered in the alternative to reduce the amount of content which the Unit embraces.

Feedback from Self-reflection

Feedback

Assessment

Recommendation

A greater emphasis will be placed upon critical property law skills in relation to land law concepts. This commenced in 2017 with 20% assessment.

Feedback from Staff feedback

Feedback

Assessments

Recommendation

All assessments were peer reviewed internally. Feedback suggested assessments while challenging were excellent and all struck a good balance between building problem solving skills and developing an appreciation for broader policy and reform issues.

Feedback from Student feedback-Unit evaluation

Feedback

Sticking the right balance in content between land law concepts and technology

Recommendation

Consideration will given to better integrating discussion of technology implications around critical land law concepts throughout topics as appropriate.

Feedback from Student feedback-Unit evaluation

Feedback

Extensive readings

Recommendation

Materials and weekly reading commitment for the Unit will be reviewed with the aim of condensing and pruning where possible. Thought will be given to rationalising the number of topics covered. A new case book will be prescribed as well as a practically focussed Q & A supporting text.

Feedback from Student feedback-Unit evaluation

Feedback

Assessment and feedback

Recommendation

Assessment design will be reviewed in order to achieve an appropriate balance between setting challenging and innovative assessments that are able to be well understood by students and providing feedback which strikes a balance between critical critique and encouragement.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Illustrate and discuss the conceptual characteristics of land under Australian land law
  2. Recognise, analyse and apply the Torrens system of land registration and the impact of e-technology pursuant to the Land Title Act 1994 (Qld)
  3. Explain and apply the provisions of the Property Law Act 1974 (Qld) and the common law governing future interests and perpetuities in land in Queensland
  4. Recognise and analyse important interests and rights in land in relation to: concurrent ownership including aspects of community title under the Body Corporate and Community Management Act 1997 (Qld) (as amended); leases under both the general law and specific legislation; mortgages; easements and restrictive freehold covenants
  5. Identify and appraise aspects of the ownership, tenancy and regulation of social housing in Queensland.


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
1 - Online Quiz(zes) - 20%
2 - Presentation - 30%
3 - Examination - 50%

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

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Online Quiz(zes) - 20%
2 - Presentation - 30%
3 - Examination - 50%
Textbooks and Resources

Textbooks

Prescribed

Sackville & Neave Australian Property Law 10th (2016)

Authors: Edgeworth, B; Rossiter, C; O’Connor, P; Godwin, A,
LexisNexis Butterworths
Sydney Sydney , NSW , Australia
ISBN: 9780409343786
Binding: Paperback
Supplementary

LexisNexis Questions & Answers – Property Law 3rd (2016)

Authors: Cameron-Dow, L-L
LexisNexis Butterworths
Sydney Sydney , NSW , Australia
ISBN: 9780409341911
Binding: Paperback

Additional Textbook Information


IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Access to UCROO
  • Zoom Conferencing (Webcam and Microphone)
Referencing Style

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 3rd ed

For further information, see the Assessment Tasks.

Teaching Contacts
John Milburn Unit Coordinator
j.a.milburn@cqu.edu.au
Schedule
Week 1 Begin Date: 09 Jul 2018

Module/Topic

Nature of Land

Chapter

Materials uploaded to Moodle

Events and Submissions/Topic

Week 2 Begin Date: 16 Jul 2018

Module/Topic

The Torrens System of Land Registration Part I- Indefeasibility

Chapter

Sackville & Neave Australian Property Law 10th (2016) Ch. 5 [5.1 - 5.74]

Events and Submissions/Topic

Week 3 Begin Date: 23 Jul 2018

Module/Topic

The Torrens System of Land Registration Part II- Exceptions to Indefeasibility

Chapter

Sackville & Neave Australian Property Law 10th (2016) Ch. 5 [5.75 - 5.161]

Events and Submissions/Topic

Week 4 Begin Date: 30 Jul 2018

Module/Topic

Unregistered Interests in Torrens Land and Priorities

Chapter

Sackville & Neave Australian Property Law 10th (2016) Ch. 5 [5.162 - 5.223]

Events and Submissions/Topic

Week 5 Begin Date: 06 Aug 2018

Module/Topic

Co-ownership

Chapter

Sackville & Neave Australian Property Law 10th (2016) Ch. 6 [6.1 - 6.87]

Events and Submissions/Topic

Vacation Week Begin Date: 13 Aug 2018

Module/Topic

Chapter

Events and Submissions/Topic

Week 6 Begin Date: 20 Aug 2018

Module/Topic

Alienability of Proprietary Interests and Perpetuities

Chapter

Sackville & Neave Australian Property Law 10th (2016) Ch. 7 [7.1 - 7.81] and Materials uploaded to Moodle

Events and Submissions/Topic

Week 7 Begin Date: 27 Aug 2018

Module/Topic

Leases

Chapter

Sackville & Neave Australian Property Law 10th (2016) Ch. 8 pp 695-851

Events and Submissions/Topic

Essay/Advice Due: Week 7 Thursday (30 Aug 2018) 11:45 pm AEST
Week 8 Begin Date: 03 Sep 2018

Module/Topic

Social Housing

Chapter

Materials uploaded to Moodle

Events and Submissions/Topic

Week 9 Begin Date: 10 Sep 2018

Module/Topic

Easements

Chapter

Sackville & Neave Australian Property Law 10th (2016) Ch. 9 pp 949-1066

Events and Submissions/Topic

Advice Due: Week 9 Thursday (13 Sept 2018) 11:45 pm AEST
Week 10 Begin Date: 17 Sep 2018

Module/Topic

Mortgages

Chapter

Sackville & Neave Australian Property Law 10th (2016) Ch. 10 pp 1067-1169

Events and Submissions/Topic

Week 11 Begin Date: 24 Sep 2018

Module/Topic

Review and exam preparation

Chapter

Nil

Events and Submissions/Topic

Week 12 Begin Date: 01 Oct 2018

Module/Topic

Review

Chapter

Nil

Events and Submissions/Topic

Review/Exam Week Begin Date: 08 Oct 2018

Module/Topic

Review

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 15 Oct 2018

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Online Quiz(zes)

Assessment Title
Essay/Advice

Task Description

Assessment 1, Term 2 2018

  • Due – Thursday 30 August 2018, 11:45 PM AEST
  • Penalty for late submission – 5% deduction per day (until the last day of submission of work)
  • Last day for submission of work – Saturday, 8 September 2018, 11:45 PM AEST
  • Two questions – answer both questions
  • Maximum word limit: 1500 words (excluding footnote references): 750 words per question
  • 20 marks – 10 marks per question

Task Requirement

For assessment 1, you are to answer two questions. The first is an essay style question which relates to an important concept in land law. The second is an advice question where you deal with a hypothetical factual scenario.

Notes

  • I expect students to present their assessment work on time. Please note that I will not consider any request for an extension of time unless you upload an application in the appropriate manner, supported by documentation and made prior to the due time/date.
  • Because I release the task at the start of term, you are less likely to obtain an extension even if supported by documentation, than would be the case if I released the task shortly before the time it was due. If you make an application for an extension of time, you should understand that I consider several factors in deciding whether to grant your request. I encourage you to allow for contingencies.
  • I will impose a penalty deduction of 5% per day for late work until the nominated cut-off date, Saturday, 8 September 2018 (AEST). Beyond that date, in the absence of an approved extension, you will not have an opportunity to complete the task and you will receive a mark of zero for this assessment task.
  • I will provide personalised feedback soon after the last date for submission of work. You will receive your mark at that time.
  • I require you to upload your assessment through the Moodle course website. Submit your entire answer in a single Word document. Do not submit in multiple parts.
  • You may consult with peers at your discretion, but the final answer must be yours and I will check it via Turnitin for originality. When sharing ideas, it is important to retain something original for your own response. This is an individual assessment and you may not collude; which means that you cannot act together to cheat or to plagiarise or engage in academic misconduct.
  • There is no prescribed format or template for this assignment and its final form will reflect your own individual and evolving approach to law and legal problems. I will assess you on your ability to communicate effectively.


Number of Quizzes

2


Frequency of Quizzes

Other


Assessment Due Date

Week 7 Thursday (30 Aug 2018) 11:45 pm AEST

I expect students to present their assignment work on time. Please note that I will not consider any request for an extension of time unless you upload an application in the appropriate manner, supported by documentation and made prior to the due time/date. I will impose a penalty deduction of 5% per day for late work until the nominated cut-off date, Saturday, 8 September 2018.


Return Date to Students

Week 9 Tuesday (11 Sept 2018)

Student satisfaction surveys in the past indicate student concerns when a unit coordinator does not provide assessment feedback quickly. Generally, I release the feedback and marks the day after the final cut-off date (that is, I provide feedback and marks 10 days after the due date).


Weighting
20%

Assessment Criteria

I assess students on their ability to demonstrate thinking and writing skills, to comprehend the material, to process the material and to provide a critical analysis and logical discussion of issues. I require students to communicate an answer clearly and logically, and in a concise manner. I expect you to present your paper in a professional manner. Please paginate your paper and use correct spelling and grammar. You must reference your work appropriately and attribute the work of others.

High distinction standard

  • You wrote your answer very well and expressed yourself clearly and concisely
  • You presented your paper in a logical structure
  • You demonstrated an appreciation and understanding of the issues involved
  • You backed your answer by well-reasoned arguments demonstrating a detailed insight and analysis of issues
  • You produced a sophisticated analysis from a variety of perspectives
  • You demonstrated mastery of the AGLC referencing system

Distinction Standard

  • Your answer is well written and expressed
  • You produced a well-structured and logical paper
  • You clearly identified, and appreciated, legal issues
  • You referenced your material correctly
  • You referred to appropriate case law, but your analysis and interpretation was not as detailed and reasoned as for high distinction standard

Credit Standard

  • Your answer is generally well written and expressed
  • Your paper is well structured and sequential
  • Your coverage of issues is reasonably comprehensive with a good treatment and analysis
  • Referencing is satisfactory
  • Your analysis is not as detailed and reasoned as for distinction standard

Pass Standard

  • I could understand your paper
  • You could better organise and structure your paper
  • You could identify and address issues in more depth
  • Your paper is confusing or incorrect
  • Core facts/issues not clearly understood or identified
  • You demonstrated some familiarity with legislation and case law
  • Your conclusions reached are somewhat simplistic
  • You included quantities of material of marginal relevance in your paper
  • Referencing needs improvement
  • Your analysis is not as detailed and reasoned as for credit standard


Referencing Style

Submission
Online

Submission Instructions
I will only accept online submission of your work. Upload your work in a Word document (not PDF). I expect students to present their assignment work on time. Take care with your submission. Avoid obvious mistakes, such as basic spelling and grammatical errors. Read your paper out aloud, word by word. It is slow however; it may be a productive exercise. Alternatively, or in addition, ask a friend to read your material. Generally, you should submit one document (even if the assessment is in two or more parts) and ensure that you include your name in the name of the saved document.

Learning Outcomes Assessed
  • Illustrate and discuss the conceptual characteristics of land under Australian land law
  • Recognise, analyse and apply the Torrens system of land registration and the impact of e-technology pursuant to the Land Title Act 1994 (Qld)
  • Explain and apply the provisions of the Property Law Act 1974 (Qld) and the common law governing future interests and perpetuities in land in Queensland


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Information Technology Competence
  • Social Innovation

2 Presentation

Assessment Title
Advice

Task Description

Assessment 2, Term 2 2018

  • Due – Thursday 13 September 2018, 11:45 PM AEST
  • Penalty for late submission – 5% deduction per day (until the last day of submission of work)
  • Last day for submission of work – Saturday, 22 September 2018, 11:45 PM AEST
  • Maximum word limit: 2000 words (excluding footnote references)
  • 30 marks

Task Requirement

For assessment 2, you are to assume that you are in practice and your supervising partner requests that you prepare a memorandum of advice.

Your final product should take the form of a persuasive, well-set-out document. You should consider relevant practitioners’ conduct rules, statutes, caselaw, practice directions and academic writing.

One of the key foundations of this unit is a professional standard of writing. I will assess your spelling, grammar and syntax as part of this assessment. You are writing for a professional, informed audience.

Notes

  • I expect students to present their assessment work on time. Please note that I will not consider any request for an extension of time unless you upload an application in the appropriate manner, supported by documentation and made prior to the due time/date.
  • Because I release the task at the start of term, you are less likely to obtain an extension, even if supported by documentation, than would be the case if I released the task shortly before the time it was due. If you make an application for an extension of time, you should understand that I consider several factors in deciding whether to grant your request. I encourage you to allow for contingencies.
  • I will impose a penalty deduction of 5% per day for late work until the nominated cut-off date, Saturday, 22 September 2018 (AEST). Beyond that date, in the absence of an approved extension, you will not have an opportunity to complete the task and you will receive a mark of zero for this assessment task.
  • I will provide personalised feedback soon after the last date for submission of work. You will receive your mark at that time.
  • I require you to upload your assessment through the Moodle course website. Submit your entire answer in a single Word document. Do not submit in multiple parts.

You may consult with peers at your discretion, but the final answer must be yours and I will check it via Turnitin for originality. When sharing ideas, it is important to retain something original for your own response. This is an individual assessment and you may not collude; which means that you cannot act together to cheat or to plagiarise or engage in academic misconduct.

There is no prescribed format or template for this assignment and its final form will reflect your own individual and evolving approach to law and legal problems. I will assess you on your ability to communicate effectively.


Assessment Due Date

Week 9 Thursday (13 Sept 2018) 11:45 pm AEST

I expect students to present their assignment work on time. Please note that I will not consider any request for an extension of time unless you upload an application in the appropriate manner, supported by documentation and made prior to the due time/date. I will impose a penalty deduction of 5% per day for late work until the nominated cut-off date, Saturday, 22 September 2018.


Return Date to Students

Week 11 Tuesday (25 Sept 2018)

Student satisfaction surveys in the past indicate student concerns when a unit coordinator does not provide assessment feedback quickly. Generally, I release the feedback and marks the day after the final cut-off date (that is, I provide feedback and marks 10 days after the due date).


Weighting
30%

Assessment Criteria

Assessment criteria

I assess students on their ability to demonstrate thinking and writing skills, to comprehend the material, to process the material and to provide a critical analysis and logical discussion of issues relevant to a mock Proctor submission. I require students to communicate an answer clearly and logically, and in a concise manner. I expect you to present your paper in a professional manner. Please paginate your paper and use correct spelling and grammar. You must reference your work appropriately and attribute the work of others.

High distinction standard

  • You wrote your answer very well and expressed yourself clearly and concisely
  • You presented your paper in a logical structure
  • You demonstrated an appreciation and understanding of the issues involved
  • You backed your answer by well-reasoned arguments demonstrating a detailed insight and analysis of issues
  • You produced a sophisticated analysis from a variety of perspectives
  • You demonstrated mastery of the AGLC referencing system

Distinction Standard

  • Your answer is well written and expressed
  • You produced a well-structured and logical paper
  • You clearly identified, and appreciated, legal issues
  • You referenced your material correctly
  • You referred to appropriate case law, but your analysis and interpretation was not as detailed and reasoned as for high distinction standard

Credit Standard

  • Your answer is generally well written and expressed
  • Your paper is well structured and sequential
  • Your coverage of issues is reasonably comprehensive with a good treatment and analysis
  • Referencing is satisfactory
  • Your analysis is not as detailed and reasoned as for distinction standard

Pass Standard

  • I could understand your paper
  • You could better organise and structure your paper
  • You could identify and address issues in more depth
  • Your paper is confusing or incorrect
  • Core facts/issues not clearly understood or identified
  • You demonstrated some familiarity with legislation and case law
  • Your conclusions reached are somewhat simplistic
  • You included quantities of material of marginal relevance in your paper
  • Referencing needs improvement 
  • Your analysis is not as detailed and reasoned as for credit standard


Referencing Style

Submission
Online

Submission Instructions
I will only accept online submission of your work. Upload your work in a Word document (not PDF). I expect students to present their assignment work on time. Take care with your submission. Avoid obvious mistakes, such as basic spelling and grammatical errors. Read your paper out aloud, word by word. It is slow however; it may be a productive exercise. Alternatively, or in addition, ask a friend to read your material. Generally, you should submit one document (even if the assessment is in two or more parts) and ensure that you include your name in the name of the saved document.

Learning Outcomes Assessed
  • Recognise and analyse important interests and rights in land in relation to: concurrent ownership including aspects of community title under the Body Corporate and Community Management Act 1997 (Qld) (as amended); leases under both the general law and specific legislation; mortgages; easements and restrictive freehold covenants


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Team Work
  • Information Technology Competence
  • Ethical practice

Examination

Outline
Complete an invigilated examination

Date
During the examination period, at a CQUniversity examination centre

Weighting
50%

Length
180 minutes

Details
Dictionary - non-electronic, concise, direct translation only (dictionary must not contain any notes or comments).
Open Book
Academic Integrity Statement

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?