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; leases; mortgages; easements 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
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 - 2020
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 Self-reflection
Implementing e-conveyancing in Land law
Project to be further developed and streamlined with stronger explanatory material and further integration.
Feedback from Unit evaluation
Assessment
Assessment tasks will aim to strike a better balance between the demands of the subject matter, the need to build important technology real world skills in students for modern land law practice. The final exam strategy will be reviewed in light of the 2 hour time period.
Feedback from Unit evaluation
Learning resources and materials
As part of ongoing revision there will be an aim to condense the quantity of prescribed materials and to build a stronger narrative style into the study notes.
- 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
- Recognise and analyse important interests and rights in land in relation to: concurrent ownership; leases under both the general law and specific legislation; mortgages and easements
- Identify and appraise aspects of the ownership, tenancy and regulation of social housing in Queensland.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | ||||
|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | |
| 1 - Written Assessment - 20% | |||||
| 2 - Written Assessment - 30% | |||||
| 3 - Written Assessment - 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 | |||||
| 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 - Written Assessment - 30% | ||||||||||
| 3 - Written Assessment - 50% | ||||||||||
Textbooks
LexisNexis Questions & Answers – Property Law
Edition: 3rd (2017)
Authors: Cameron-Dow, L-L
LexisNexis Butterworths
Sydney Sydney , NSW , Australia
ISBN: 9780409341911
Binding: Paperback
Sackville & Neave Australian Property Law
Edition: 10th (2016)
Authors: Edgeworth, B; Rossiter, C; O’Connor, P; Godwin, A,
LexisNexis Butterworths
Sydney Sydney , NSW , Australia
ISBN: 9780409343786
Binding: Paperback
Additional Textbook Information
If you prefer to study with a paper copy, they are available at the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code). eBooks are available at the publisher's website.
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
- Zoom Conferencing (Webcam and Microphone)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
v.lambropoulos@cqu.edu.au
Module/Topic
Nature of Land
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
See study guide/moodle
Events and Submissions/Topic
Module/Topic
Land Registration Part 2
Chapter
See study guide/moodle
Events and Submissions/Topic
Module/Topic
Land Registration Part 3
Chapter
See study guide/moodle
Events and Submissions/Topic
Module/Topic
Co-ownership
Chapter
See study guide/moodle
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Alienability of Land and the Rule Against Perpetuities
Chapter
See study guide/moodle
Events and Submissions/Topic
Module/Topic
Chapter
See study guide/moodle
Events and Submissions/Topic
Module/Topic
Leases Part 2
Chapter
See study guide/moodle
Events and Submissions/Topic
Module/Topic
Easements
Chapter
See study guide/moodle
Events and Submissions/Topic
Module/Topic
Easements/Mortgages
Chapter
See study guide/moodle
Events and Submissions/Topic
Module/Topic
Mortgages
Chapter
See study guide/moodle
Events and Submissions/Topic
Module/Topic
Free week - Topic TBA
Chapter
See study guide/moodle
Events and Submissions/Topic
Module/Topic
Review
Chapter
See Study Guide/Moodle
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
Question to be placed on Moodle at beginning of Term 2.
Week 5 Friday (14 Aug 2020) 11:55 pm AEST
Submitted via moodle
Week 7 Friday (4 Sept 2020)
Return via moodle
Students' work who fail this assessment will have generally displayed the following:
1. All the tasks have not been completed.
2. Did not adequately identify and discuss a relevant number of legal issues and apply these issues to the facts.
3. Did not adequately identify and discuss a relevant number of cases and legislation.
4. The paper is not an acceptable standard in relation to its presentation and expression because:
- (a) is not clear and succinct and the language is not appropriate for a law assessment due to its informality;
- (b) the structure is poor, the paper demonstrates a little awareness of structure and purpose;
- (c) the paper has largely referenced material which is not primary and/or academically rigorous for example, online summaries and blogs.
5. Overall has not complied with the AGLC.
Students at a minimum must have completed the following in order to obtain a Pass:
1. All of the tasks have been answered but not satisfactorily.
2. Identified and discussed relevant legal issues but missed a significant number of issues most if not all of which were important issues. There was some application to the facts but missed a significant number of factual issues to discuss.
3. Relevant cases and legislation identified and discussed but missed a significant number of them but not a majority of them.
4. Grammar and written expression was satisfactory but there were a large amount of errors throughout.
5. Attempt to comply with AGLC but there were significant errors throughout.
Students at a minimum must have completed the following in order to obtain a Credit:
1. All of the tasks were completed satisfactorily.
2. Identified and discussed relevant legal issues but missed some issues a minority of which were significant. Applied the legal issues to the facts but missed some important issues.
3. Relevant cases and legislation identified and discussed but missed a significant number of them but not a majority of them.
4. Grammar and written expression was satisfactory with some errors throughout.
5. Attempt to comply with AGLC but there were significant errors throughout.
Students at a minimum must have completed the following in order to obtain a Distinction:
1. All of the tasks were completed with few errors.
2. Identified and discussed relevant legal issues and applied them to the facts. Any errors were few and were mostly minor.
3. Relevant cases and legislation identified and discussed. Any errors were few and mostly minor.
4. Grammar and written expression was very good with some minor errors.
5. AGLC was followed with some minor errors.
Students at a minimum must have completed the following in order to obtain a High Distinction:
1. All of the tasks were completed with no errors or almost no errors.
2. Identified and discussed all or almost all relevant legal issues and applied them to the facts with almost no errors.
3. All relevant cases and legislation identified and discussed with no errors or almost no errors.
4. Grammar and written expression was excellent.
5. Followed AGLC with no errors or almost no errors.
- Illustrate and discuss the conceptual characteristics of land under Australian land law
- 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)
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
2 Written Assessment
Question to be advised during the term
Week 8 Friday (11 Sept 2020) 11:55 pm AEST
Submitted via Moodle
Week 10 Friday (25 Sept 2020)
Returned via Moodle
Students' work who fail this assessment will have generally displayed the following:
1. All the tasks have not been completed.
2. Did not adequately identify and discuss a relevant number of legal issues and apply these issues to the facts.
3. Did not adequately identify and discuss a relevant number of cases and legislation.
4. The paper is not an acceptable standard in relation to its presentation and expression because:
- (a) is not clear and succinct and the language is not appropriate for a law assessment due to its informality;
- (b) the structure is poor, the paper demonstrates a little awareness of structure and purpose;
- (c) the paper has largely referenced material which is not primary and/or academically rigorous for example, online summaries and blogs.
5. Overall has not complied with the AGLC.
Students at a minimum must have completed the following in order to obtain a Pass:
1. All of the tasks have been answered but not satisfactorily.
2. Identified and discussed relevant legal issues but missed a significant number of issues most if not all of which were important issues. There was some application to the facts but missed a significant number of factual issues to discuss.
3. Relevant cases and legislation identified and discussed but missed a significant number of them but not a majority of them.
4. Grammar and written expression was satisfactory but there were a large amount of errors throughout.
5. Attempt to comply with AGLC but there were significant errors throughout.
Students at a minimum must have completed the following in order to obtain a Credit:
1. All of the tasks were completed satisfactorily.
2. Identified and discussed relevant legal issues but missed some issues a minority of which were significant. Applied the legal issues to the facts but missed some important issues.
3. Relevant cases and legislation identified and discussed but missed a significant number of them but not a majority of them.
4. Grammar and written expression was satisfactory with some errors throughout.
5. Attempt to comply with AGLC but there were significant errors throughout.
Students at a minimum must have completed the following in order to obtain a Distinction:
1. All of the tasks were completed with few errors.
2. Identified and discussed relevant legal issues and applied them to the facts. Any errors were few and were mostly minor.
3. Relevant cases and legislation identified and discussed. Any errors were few and mostly minor.
4. Grammar and written expression was very good with some minor errors.
5. AGLC was followed with some minor errors.
Students at a minimum must have completed the following in order to obtain a High Distinction:
1. All of the tasks were completed with no errors or almost no errors.
2. Identified and discussed all or almost all relevant legal issues and applied them to the facts with almost no errors.
3. All relevant cases and legislation identified and discussed with no errors or almost no errors.
4. Grammar and written expression was excellent.
5. Followed AGLC with no errors or almost no errors.
- Recognise, analyse and apply the Torrens system of land registration and the impact of e-technology pursuant to the Land Title Act 1994 (Qld)
- Recognise and analyse important interests and rights in land in relation to: concurrent ownership; leases under both the general law and specific legislation; mortgages and easements
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Team Work
- Information Technology Competence
- Ethical practice
3 Written Assessment
Take-home paper
More detailed instructions regarding the Take home paper will be uploaded to Moodle
Review/Exam Week Friday (16 Oct 2020) 11:55 pm AEST
This is an approximate date as the scheduling of take home papers is done in conjunction with other laws subjects
Exam Week Friday (23 Oct 2020)
Certification of Grades.
Students' work who fail this assessment will have generally displayed the following:
1. All the tasks have not been completed.
2. Did not adequately identify and discuss a relevant number of legal issues and apply these issues to the facts.
3. Did not adequately identify and discuss a relevant number of cases and legislation.
4. The paper is not an acceptable standard in relation to its presentation and expression because:
- (a) is not clear and succinct and the language is not appropriate for a law assessment due to its informality;
- (b) the structure is poor, the paper demonstrates a little awareness of structure and purpose;
- (c) the paper has largely referenced material which is not primary and/or academically rigorous for example, online summaries and blogs.
5. Overall has not complied with the AGLC.
Students at a minimum must have completed the following in order to obtain a Pass:
1. All of the tasks have been answered but not satisfactorily.
2. Identified and discussed relevant legal issues but missed a significant number of issues most if not all of which were important issues. There was some application to the facts but missed a significant number of factual issues to discuss.
3. Relevant cases and legislation identified and discussed but missed a significant number of them but not a majority of them.
4. Grammar and written expression was satisfactory but there were a large amount of errors throughout.
5. Attempt to comply with AGLC but there were significant errors throughout.
Students at a minimum must have completed the following in order to obtain a Credit:
1. All of the tasks were completed satisfactorily.
2. Identified and discussed relevant legal issues but missed some issues a minority of which were significant. Applied the legal issues to the facts but missed some important issues.
3. Relevant cases and legislation identified and discussed but missed a significant number of them but not a majority of them.
4. Grammar and written expression was satisfactory with some errors throughout.
5. Attempt to comply with AGLC but there were significant errors throughout.
Students at a minimum must have completed the following in order to obtain a Distinction:
1. All of the tasks were completed with few errors.
2. Identified and discussed relevant legal issues and applied them to the facts. Any errors were few and were mostly minor.
3. Relevant cases and legislation identified and discussed. Any errors were few and mostly minor.
4. Grammar and written expression was very good with some minor errors.
5. AGLC was followed with some minor errors.
Students at a minimum must have completed the following in order to obtain a High Distinction:
1. All of the tasks were completed with no errors or almost no errors.
2. Identified and discussed all or almost all relevant legal issues and applied them to the facts with almost no errors.
3. All relevant cases and legislation identified and discussed with no errors or almost no errors.
4. Grammar and written expression was excellent.
5. Followed AGLC with no errors or almost no errors.
- Illustrate and discuss the conceptual characteristics of land under Australian land law
- 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
- Recognise and analyse important interests and rights in land in relation to: concurrent ownership; leases under both the general law and specific legislation; mortgages and easements
- Identify and appraise aspects of the ownership, tenancy and regulation of social housing in Queensland.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Ethical practice
- Social Innovation
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?
