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.
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; 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

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

Pre-requisite: 24 credit points of law  

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 - 2021

Online

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. Written Assessment
Weighting: 20%
2. Written Assessment
Weighting: 30%
3. Written Assessment
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 Have your say

Feedback

Design of assessments: "The assessment tasks were relevant to the material we learnt about. The Zoom sessions were very engaging and the questions covered in the Zoom sessions helped with the assessment tasks." "Although there are many things that need to be covered in the topic, the first assessment sets a stepping stone to understanding every week."

Recommendation

The recommendation is that this design will be retained.

Feedback from Have your say

Feedback

Design of lecture/podcasts: "Mind maps added to lecture slides are easy to follow. Content was strategically laid out to support best outcomes for students."

Recommendation

The recommendation is that the mindmap will be retained.

Feedback from Have your say

Feedback

Study guide; "The study guide often just pointed to a textbook reference at times. It would be helpful for the study guide to give a concept overview. This would assist to provide context, prior to jumping into the prescribed readings"

Recommendation

The recommendation is that a new study guide will be devised to compliment the design of the lecture podcasts/ppts.

Feedback from Have your say

Feedback

Prescribed Text Book: "The primary text book really had to be supplemented with the latest version of 'Real Property Law in Queensland' from Thomson Reuters publishers. Also the grammar utilised within the primary resource text was so poorly done that it took a lot of re-reading to understanding what the author was trying o convey. For e.g. a sentence can have multiple meanings depending on the emphasis as a consequence of comma placement or not having it at all. Subsequently the authors were knowledgeable, but poor at communicating to a learner as a consequence of a hampered delivery."

Recommendation

The recommendation is that a new text book will be prescribed for 2021.

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; leases under both the general law and specific legislation; mortgages and easements
  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 - 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

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Written Assessment - 20%
2 - Written Assessment - 30%
3 - Written Assessment - 50%
Textbooks and Resources

Textbooks

Prescribed

LexisNexis Questions and Answers: Property Law, 4th edition 4th (2020)

Authors: Laura-Leigh Cameron-Dow (Author) , Francina Cantatore (Author)
LexisNexis
Chatswood Chatswood , NSW , Australia
ISBN: 9780409351958
Binding: Paperback
Prescribed

Real Property Law in Queensland 5th (2020)

Authors: Anne Wallace, Les McCrimmon, Michael We
Thomson Reuters
Pyrmont Pyrmont , NSW , Australia
ISBN: 9780455242934
Binding: Paperback

Additional Textbook Information

The "Real Property Law in Qld" book is also available online through the library website at no extra cost to the students. However the library has limited amount of licences so it may not always be available when students want it.

Both paper and eBook versions of the prescribed text can be purchased at the CQUni Bookshop here: http://bookshop.cqu.edu.au

There is a previous edition of the book (4th edition) which may be available through the second hand book market and maybe cheaper but students should be aware that there are significant amendments relating to electronic certificates of title in Qld which this older edition does not cover.

IT Resources

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

All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed

For further information, see the Assessment Tasks.

Teaching Contacts
Victoria Lambropoulos Unit Coordinator
v.lambropoulos@cqu.edu.au
Schedule
Week 1 Begin Date: 12 Jul 2021

Module/Topic

Nature of Land

Chapter

See study guide/Moodle 

Events and Submissions/Topic

Week 2 Begin Date: 19 Jul 2021

Module/Topic

Land Registration Part 1

Chapter

See study guide/Moodle

Events and Submissions/Topic

Week 3 Begin Date: 26 Jul 2021

Module/Topic

Land Registration Part 2

Chapter

 See study guide/Moodle

Events and Submissions/Topic

Week 4 Begin Date: 02 Aug 2021

Module/Topic

Land Registration Part 3

Chapter

See study guide/Moodle

Events and Submissions/Topic

Week 5 Begin Date: 09 Aug 2021

Module/Topic

Co-ownership

Chapter

See study guide/Moodle

Events and Submissions/Topic

20% Written assessment Due: Week 5 Friday (13 Aug 2021) 11:55 pm AEST
Vacation Week Begin Date: 16 Aug 2021

Module/Topic

Chapter

Events and Submissions/Topic

Week 6 Begin Date: 23 Aug 2021

Module/Topic

Alienability of Land and the Rule Against Perpetuities

Chapter

See study guide/Moodle


Events and Submissions/Topic

Week 7 Begin Date: 30 Aug 2021

Module/Topic

Leases Part 1

Chapter

See study guide/Moodle

Events and Submissions/Topic

Week 8 Begin Date: 06 Sep 2021

Module/Topic

Leases Part 2


Chapter

See study guide/Moodle

Events and Submissions/Topic

30% written assessment Due: Week 8 Friday (10 Sept 2021) 11:55 pm AEST
Week 9 Begin Date: 13 Sep 2021

Module/Topic

Easements, Restrictive Covenants and Profit a Prendres



Chapter

See study guide/Moodle


Events and Submissions/Topic

Week 10 Begin Date: 20 Sep 2021

Module/Topic

Mortgages

Chapter

See study guide/Moodle

Events and Submissions/Topic

Week 11 Begin Date: 27 Sep 2021

Module/Topic

Miscellaneous topics - review

This is a week where we are free to continue discussion of the final few topics.


Chapter

 See study guide/Moodle

Events and Submissions/Topic

Week 12 Begin Date: 04 Oct 2021

Module/Topic

Miscellaneous topics - review

Chapter

See study guide/Moodle

Events and Submissions/Topic

50% Take home paper Due: Week 12 Friday (8 Oct 2021) 11:55 pm AEST
Review/Exam Week Begin Date: 11 Oct 2021

Module/Topic

Review

Chapter

See Study Guide/Moodle

Events and Submissions/Topic

Exam Week Begin Date: 18 Oct 2021

Module/Topic

Chapter

Events and Submissions/Topic

Assessment Tasks

1 Written Assessment

Assessment Title
20% Written assessment

Task Description

Task Description: Students are asked to prepare their own checklist/ quick reference guide for Topics/Weeks 1 – 4 of the course content.

What is a checklist/quick reference guide? In essence, this is a checklist prepared by you, the student, for your own study purposes. It is part of the tools you have for your problem solving kit.

It is a condensed version of each topic.

It has two main purposes:

- To help you quickly identify the major principles of each topic/area. For example, if you were preparing a checklist for leases you would begin with (a) a description of general principle (b) list the essential elements which make up a legal lease at law (c) list remedies if lease is breached (d) anything else you feel is relevant such as different categories of leases, commercial/retail compared to residential leases etc.

- The second purpose is to list the major legislative and case authorities for each of these areas.

As noted above it must be brief and condensed. Therefore the use of bullet points is expected. However, you must use clear sub-headings throughout which identifies each topic you are looking at.

See for an example https://store.lexisnexis.com.au/categories/practice-area/jurisdiction-827/quick-reference-card-real-property-law-3rd-edition-sku9780409352047/details

You can be creative and have fun with the presentation. Use different colours, diagrams even pictures if it helps you learn and remember the content better.

**If you copy from the example from lexisnexis or any other examples you find online you must properly attribute this work or you will not meet standards of academic integrity

Remember, these are YOUR notes and they must make sense to you.

Further if a significant amount of your work is simply a copy of these examples even if you properly attribute the work you may fail. This is because you have not tailored the work to create your own checklist. There must be some originality in the final document.

This is an individual assignment.

Future Use: You will / may refer back to this activity when you are preparing for your take home paper. This activity will effectively form part of your notes.


Assessment Due Date

Week 5 Friday (13 Aug 2021) 11:55 pm AEST

Submitted via moodle


Return Date to Students

Week 7 Monday (30 Aug 2021)

Return via moodle


Weighting
20%

Assessment Criteria


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.


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • 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)


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

2 Written Assessment

Assessment Title
30% written assessment

Task Description

Question to be advised during the term


Assessment Due Date

Week 8 Friday (10 Sept 2021) 11:55 pm AEST

Submitted via Moodle


Return Date to Students

Week 11 Monday (27 Sept 2021)

Returned via Moodle


Weighting
30%

Assessment Criteria


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.


Referencing Style

Submission
Online Group

Learning Outcomes Assessed
  • 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


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

3 Written Assessment

Assessment Title
50% Take home paper

Task Description

Take-home paper 

More detailed instructions regarding the Take home paper will be uploaded to Moodle



Assessment Due Date

Week 12 Friday (8 Oct 2021) 11:55 pm AEST

**This is a nominal date as the scheduling of take home papers is done in conjunction with other laws units


Return Date to Students

Exam Week Friday (22 Oct 2021)

Certification of Grades. The above is a nominal date.


Weighting
50%

Assessment Criteria


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.


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • 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.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Ethical practice
  • Social Innovation

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?