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 - 2024
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
Assessment supports
To give more learning materials relating to the standard of written work expected in the exam earlier in the term.
Feedback from Unit Coordinator
Learning materials
To give students more learning materials so they rely on primary source material and prescribed textbooks.
Feedback from Unit Evaluation Data
Participation in live zoom workshops
To better explain to students best professional practice in keeping cameras on during live zoom meetings
- 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
Real Property Law in Queensland
Edition: 5th (2020)
Authors: Anne Wallace, Michael Weir and Les McCrimmon
Lawbook Co 2020 (Thomson Reuters (Professional) Australia Limited)
ISBN: 9780455242934
Binding: Paperback
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.
k.viglianti@cqu.edu.au
s.colbran@cqu.edu.au
Module/Topic
Week 1 – Introduction to Land Law
Chapter
See Study Guide for details.
Events and Submissions/Topic
Module/Topic
Week 2 – Possession, Adverse Possession and Fixtures
Chapter
See Study Guide for details.
Events and Submissions/Topic
Module/Topic
Week 3 - Land Registration (classification of estates and interests)
Chapter
See Study Guide for details.
Events and Submissions/Topic
Module/Topic
Week 4 - Land Registration (Torrens Pt 1)
Chapter
See Study Guide for details.
Events and Submissions/Topic
Module/Topic
Week 5 - Land Registration (Torrens Pt 2)
Chapter
See Study Guide for details.
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Week 6 – Land Registration (Torrens Pt 3)
Chapter
See Study Guide for details.
Events and Submissions/Topic
Module/Topic
Week 7 - Co-Ownership
Chapter
See Study Guide for details.
Events and Submissions/Topic
Module/Topic
Week 8 - Leases Part 1
Chapter
See Study Guide for details.
Events and Submissions/Topic
Module/Topic
Week 9 -Leases Part 2
Chapter
See Study Guide for details.
Events and Submissions/Topic
Module/Topic
Week 10 - Easements, Freehold Covenants and Profit a Prendre Pt 1
Chapter
See Study Guide for details.
Events and Submissions/Topic
Module/Topic
Week 11 - Easements, Freehold Covenants and Profit a Prendre Pt 2
Chapter
See Study Guide for details.
Events and Submissions/Topic
Module/Topic
Week 12 - Mortgages
Chapter
See Study Guide for details.
Events and Submissions/Topic
Module/Topic
Week 13 - Personal Property and Securities Act
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 an online quiz via the subject Moodle page. The quiz will occur in Week 3. More details of the quiz will be provided by the Unit Coordinator in Week 1 of Term.
1
Other
Week 3 Friday (26 July 2024) 5:00 pm AEST
Full details are provided via Moodle.
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 6 Tuesday (20 Aug 2024) 5:00 pm AEST
To be submitted online
Week 8 Friday (6 Sept 2024)
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.
Please note more details will be provided during the term
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.
What can you do to act with integrity?
