Overview
This unit Land Law LAWS12066 meets the LPAB requirements for property law. It has a specific focus on the law of real property in Queensland. It covers 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) with a focus on legal vs equitable interests; future interests and the rule against perpetuities under the Property Law Act 1974 (Qld) and the general law; concurrent ownership; leases; mortgages; easements; freehold covenants and profit a prendres. The unit also includes a discussion of native title; possession, seisin & title and enforcement of security interests in personal property under the Personal Property Securities Act 2009 (Cth). Students are expected to have completed Foundations of Property Law - LAWS12065 first as the unit content assumes knowledge from that unit.
Details
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 - 2023
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 Unit Coordinator
Consider changing the format of the feedback to audio
This will be considered in consultation with the marking team.
Feedback from Unit Coordinator
Consider giving more exam preparation supports to students
The UC will review the unit content and the assessments to consider how the students can be better prepared for their exams.
Feedback from Unit Coordinator and SUTE
Q&A property law and answer book to be prescribed again
This book will be prescribed.
- Explain the conceptual characteristics of land under Australian land law.
- Examine the principles and concepts in native title, possession, seisin and title, and the rule against perpetuities.
- Analyse and apply the Torrens system of land registration and the impact of e-technology pursuant to the Land Title Act 1994 (Qld).
- Analyse and apply the rights in land relating to concurrent ownership, leases, mortgages, and security interests in personal property under the Personal Property Securities Act 2009 (Cth)
Alignment of Assessment Tasks to Learning Outcomes
Assessment Tasks | Learning Outcomes | |||
---|---|---|---|---|
1 | 2 | 3 | 4 | |
1 - Online Quiz(zes) - 10% | ||||
2 - Written Assessment - 40% | ||||
3 - Take Home Exam - 50% |
Alignment of Graduate Attributes to Learning Outcomes
Graduate Attributes | Learning Outcomes | |||
---|---|---|---|---|
1 | 2 | 3 | 4 | |
1 - Communication | ||||
2 - Problem Solving | ||||
3 - Critical Thinking | ||||
4 - Information Literacy | ||||
5 - Team Work | ||||
6 - Information Technology Competence | ||||
7 - Cross Cultural Competence | ||||
8 - Ethical practice | ||||
9 - Social Innovation | ||||
10 - Aboriginal and Torres Strait Islander Cultures |
Textbooks
Property Law
Edition: 4th (2020)
Authors: Laura Leigh Cameron Dow, Francina Cantatore
LexisNexis
Chatswood Chatswood , NSW , Australia
ISBN: 9780409351958
Binding: Paperback
Real Property Law in Queensland
Edition: 5th (2020)
Authors: Anne Wallace, Les McCrimmon, Michael We
Thomson Reuters
Pyrmont Pyrmont , NSW , Australia
ISBN: 9780455242934
Binding: Paperback
Additional Textbook Information
Both of the prescribed books are available in Eform as well. CQUlibrary has a limited number of licenses for students to download.
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
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
Week 1 – Meaning and Purposes of the Concept of Property
a) The meaning of ‘property’, ‘property’ as a legal construct, the classifications of property – Week 1
b) The doctrine of tenure, native title (common law and statute)
Chapter
Property Law 4th Ed (2020), Laura Leigh Cameron Dow, Francina Cantatore - pages 1-12 in Ch 1 and Ch 5
Real Property Law in Queensland 5th Ed (2020) Anne Wallace, Les McCrimmon, Michael Weir - Ch 3 (Native Title)
Events and Submissions/Topic
Module/Topic
Week 2 – Possession, Seisin and Title
(a) Alienation - the right of alienation
(b) Dispositions, sales and gifts of interests and the regulation of land sales dealings
(c) Possession and title, the doctrine of estates, existing interests cf future interests–
(d) Adverse Possession
(e) The Doctrine of Fixtures
Chapter
Property Law 4th Ed (2020), Laura Leigh Cameron Dow, Francina Cantatore - Ch 1 (pages 12-17), Ch 2, 11 and 12
Real Property Law in Queensland 5th Ed (2020) Anne Wallace, Les McCrimmon, Michael Weir - Ch 4, 6
Events and Submissions/Topic
Module/Topic
Week 3 - Land Registration Pt 1 – Indefeasibility and exceptions to indefeasibility
Chapter
Property Law 4th Ed (2020), Laura Leigh Cameron Dow, Francina Cantatore - Ch 3
Real Property Law in Queensland 5th Ed (2020) Anne Wallace, Les McCrimmon, Michael Weir - Ch 9 and 10.
Events and Submissions/Topic
Module/Topic
Week 4 - Land Registration Pt 2 - Unregistered Interests, Priorities and Caveats
Chapter
Property Law 4th Ed (2020), Laura Leigh Cameron Dow, Francina Cantatore - Ch 4
Real Property Law in Queensland 5th Ed (2020) Anne Wallace, Les McCrimmon, Michael Weir - Ch 11
Events and Submissions/Topic
Module/Topic
Week 5 - Co - Ownership
Chapter
Property Law 4th Ed (2020), Laura Leigh Cameron Dow, Francina Cantatore - Ch 6
Real Property Law in Queensland 5th Ed (2020) Anne Wallace, Les McCrimmon, Michael Weir - Ch 8
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Week 6 – Rule against Perpetuities
Chapter
Real Property Law in Queensland 5th Ed (2020) Anne Wallace, Les McCrimmon, Michael Weir - Ch 7
Events and Submissions/Topic
Module/Topic
Week 7 - Leases Part 1
Chapter
Property Law 4th Ed (2020), Laura Leigh Cameron Dow, Francina Cantatore - Ch 9
Real Property Law in Queensland 5th Ed (2020) Anne Wallace, Les McCrimmon, Michael Weir - Ch 14
Events and Submissions/Topic
Module/Topic
Week 8 - Leases Part 2
Chapter
Property Law 4th Ed (2020), Laura Leigh Cameron Dow, Francina Cantatore - Ch 9
Real Property Law in Queensland 5th Ed (2020) Anne Wallace, Les McCrimmon, Michael Weir - Ch 14
Events and Submissions/Topic
Module/Topic
Week 9 - Easements and Profit a Prendres
Chapter
Property Law 4th Ed (2020), Laura Leigh Cameron Dow, Francina Cantatore - Ch 10
Real Property Law in Queensland 5th Ed (2020) Anne Wallace, Les McCrimmon, Michael Weir - Ch 15
Events and Submissions/Topic
Module/Topic
Week 10 - Restrictive Covenants
Chapter
Property Law 4th Ed (2020), Laura Leigh Cameron Dow, Francina Cantatore - Ch 10
Real Property Law in Queensland 5th Ed (2020) Anne Wallace, Les McCrimmon, Michael Weir - Ch 17
Events and Submissions/Topic
Module/Topic
Week 11 - Mortgages
Chapter
Property Law 4th Ed (2020), Laura Leigh Cameron Dow, Francina Cantatore - Ch 7
Real Property Law in Queensland 5th Ed (2020) Anne Wallace, Les McCrimmon, Michael Weir - Ch 16
Events and Submissions/Topic
Module/Topic
Week 12 - Personal Property Securities - PPSA
Chapter
Property Law 4th Ed (2020), Laura Leigh Cameron Dow, Francina Cantatore - Ch 8
Events and Submissions/Topic
Module/Topic
Own study
Chapter
Events and Submissions/Topic
Module/Topic
Exam Date to be advised during term
Chapter
Events and Submissions/Topic
1 Online Quiz(zes)
Task Description:
Students will be asked to answer a series of questions online during a 90 minute period. It will potentially cover material from Weeks 1 and 2. More details will be provided on moodle.
1
Other
Week 4 Monday (31 July 2023) 11:59 pm AEST
See moodle for details of time of online test.
Week 6 Monday (21 Aug 2023)
Returned Via Moodle
A failed paper displays 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 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)
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.
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.
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.
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.
- Explain the conceptual characteristics of land under Australian land law.
- Examine the principles and concepts in native title, possession, seisin and title, and the rule against perpetuities.
- Analyse and apply the Torrens system of land registration and the impact of e-technology pursuant to the Land Title Act 1994 (Qld).
2 Written Assessment
Task Description:
This assessment will be a written assessment based on a problem scenario so students can be prepared for the take home exam. More details will be provided on moodle.
Week 8 Monday (4 Sept 2023) 11:59 pm AEST
To be submitted online
Week 10 Tuesday (19 Sept 2023)
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 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.
- Explain the conceptual characteristics of land under Australian land law.
- Examine the principles and concepts in native title, possession, seisin and title, and the rule against perpetuities.
- Analyse and apply the Torrens system of land registration and the impact of e-technology pursuant to the Land Title Act 1994 (Qld).
- Analyse and apply the rights in land relating to concurrent ownership, leases, mortgages, and security interests in personal property under the Personal Property Securities Act 2009 (Cth)
3 Take Home Exam
- This unit has an invigilated take-home examination of 2.5 hours (150 minutes) duration. Students should consult the Invigilated Take-home Examination Guidelines, College of Law, Criminology and Justice, available from the Laws Moodle site. A requirement of these guidelines is that students must obtain a student card for verification purposes - see https://sportal.cqu.edu.au/__data/assets/pdf_file/0006/1113/Information-Sheet-Student-ID-Card-2017.pdf.
- Students must also have access to a reliable and adequate internet connection, and a computer, tablet, or laptop equipped with a working webcam, working microphone, Zoom installed and access to the unit Moodle site via an Internet browser.
- No extensions are permitted for invigilated take-home examinations.
- Submissions after the deadline has passed will not be accepted and will receive a mark of zero.
- Failure to attend the invigilated take-home examination will result in a mark of zero.
- Exam conditions apply to all invigilated take-home examinations.
Exam Week Friday (20 Oct 2023) 12:00 am AEST
Please note more details will be provided during the term
Exam Week Friday (20 Oct 2023)
Results will be released when the results are certified for all students
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 little awareness of structure and purpose;
- (c) the paper has largely referenced material primary material
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.
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.
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.
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.
- Analyse and apply the Torrens system of land registration and the impact of e-technology pursuant to the Land Title Act 1994 (Qld).
- Analyse and apply the rights in land relating to concurrent ownership, leases, mortgages, and security interests in personal property under the Personal Property Securities Act 2009 (Cth)
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.