Overview
Property economics is fundamentally concerned with the economic management of property rights. In this unit you will examine the general principles of property, property rights and real property law with a focus on Queensland and applications in other states as required. You will examine topics including: the nature of real and personal property; customary property rights; the bundle of rights approach to ownership; lesser bundles of rights such as leaseholds, easements, covenants, and mortgages; property rights registration systems; legal principles and practices related to the administration of property rights.
Details
Pre-requisites or Co-requisites
Prerequisite: LAWS11030 or LAWS19031 or LAWS11054 or (LAWS11057 and LAWS11059)
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 1 - 2019
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 Student evaluation survey
Greater clarity in the assessment details and feedback
Consider revising the assessment details for greater clarity and provide more feedback on submissions.
Feedback from Student evaluation survey
Lectures and written resources contain errors
Revise video lectures and written resources to ensure quality
Feedback from Student evaluation survey
Excessive reading required.
Rationalise reading requirements. Investigate the necessity for the text book and consider making it optional.
- Explain the nature and type of various proprietary rights in land
- Examine the creation of various proprietary interests in land and analyse their relative enforceability at law and in equity
- Formulate an informed decision by applying the relevant property rights principles and law arising out of an encountered fact situation
- Apply appropriate style and terminology to communicate effectively in the discipline.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Written Assessment - 50% | ||||
| 2 - Examination - 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 | ||||
Alignment of Assessment Tasks to Graduate Attributes
| Assessment Tasks | Graduate Attributes | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| 1 - Written Assessment - 50% | ||||||||||
| 2 - Examination - 50% | ||||||||||
Textbooks
Law Briefs : Property Law
Edition: 2nd (2018)
Authors: Richardson , K.
Thomson Reuters
Sydney Sydney , NSW , Australia
ISBN: 9780455241098
Binding: Paperback
Australian Property Law: Cases, Materials and Analysis
Edition: 4th. (2018)
Authors: S. Hepburn
Lexis Nexis Butterworths
Sydney Sydney , NSW , Australia
ISBN: 9780409345650
Binding: Paperback
Quick Reference Card : Real Property Law
Edition: 2nd. (2014)
Authors: Edgeworth
Lexis Nexis Butterworths
Sydney Sydney , NSW , Australia
ISBN: 9780409340334
Binding: Other
Your Business Degree
Edition: 2nd. (2014)
Authors: McCulloch / Reid
Pearson
Sydney Sydney , NSW , Australia
ISBN: 9781486006366
Binding: Paperback
Additional Textbook Information
All copies are available to purchase at the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code)
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Harvard (author-date)
For further information, see the Assessment Tasks.
g.small@cqu.edu.au
k.richardson@cqu.edu.au
Module/Topic
Concepts of Property
Chapter
As noted in the Study Guide
Events and Submissions/Topic
Module/Topic
Possession and Title and the Doctrine of Estates
Chapter
As noted in the Study Guide
Events and Submissions/Topic
Module/Topic
The Doctrine of Tenure and Native Title
Chapter
Events and Submissions/Topic
Module/Topic
Adverse Possession and Fixtures
Chapter
Events and Submissions/Topic
Module/Topic
The Torrens System
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Equitable and Unregistered Interests
Chapter
Events and Submissions/Topic
Module/Topic
The Priority Rules and Alienation
Chapter
Events and Submissions/Topic
Module/Topic
Co-Ownership
Chapter
Events and Submissions/Topic
Module/Topic
Leases
Chapter
As noted in the Study Guide
Events and Submissions/Topic
Module/Topic
Mortgages
Chapter
Events and Submissions/Topic
Module/Topic
Easements
Chapter
Events and Submissions/Topic
Module/Topic
Restrictive Covenants
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Written Assessment
Part A - (30 marks)
This task consists of an essay of no more than 2,000 words using standard citation style addressing the topic nominated below. The task gives students the opportunity to demonstrate critical thinking and understanding applied to an issue related to property law and then communicate that view through the academic mechanism of an essay.
"It is unfair that a person can loose ownership of their property if they affix it to another's land"
Your essay should:
- Adopt a position agreeing or disagreeing with this statement.
- Identify, present, discuss and analyse notions of private property, ownership and possession.
- Identify, present, discuss and analyse appropriate legal materials to support your argument.
- Use the conventions of essay style (e.g. structure, referencing).
Part B - (15 Marks)
This task will focus on an analysis of a case involving property law. The task gives students the opportunity to demonstrate critical thinking and understanding applied to a practical issue in property law. It consists of a set of questions requiring short answers.
Read the Queensland Supreme Court decision of Landorf v Wyndham & Anor [2017] QSC 198 and answer the following questions:
- Who were the parties to the dispute and what interests in land did they hold? (2 marks)
- What issue/s was the Court required to resolve? (2 marks)
- What was the applicant’s argument with respect to the issue before the Court? (3 marks)
- What was the respondents' argument with respect to the issue before the Court? (3 marks)
- What was the finding of the Supreme Court? (3 marks)
- What do you think about the outcome? (2 marks)
The link to the case is: https://www.queenslandjudgments.com.au/case/id/301088
Part C - (5 marks)
This task asks you to reflect upon this course and your personal experience of it. This is not a course evaluation question but one that asks you to consider your approach to the course and your learning.
In terms of the course:
- What do you feel were the two key topics/areas covered in the course and why do you feel they were key topics?
- How do you think the material covered in this course will assist you in your chosen career?
- How do you think the material covered in this course will assist you in your chosen program of study?
- Which academic skills do you feel have improved since taking this course? Why have they improved?
- Which academic skills do you feel have not improved since taking this course? Why have they not improved?
Week 8 Tuesday (7 May 2019) 5:00 pm AEST
To be submitted via Moodle
Week 10 Thursday (23 May 2019)
To be returned via Moodle
The assessment criteria for Part A includes knowledge, analysis & argument, writing style, presentation and referencing.
The assessment criteria for Part B is short answer response.
The assessment criteria for Part C is show answer response.
Full details of how these graded will found on the Moodle site.
- Explain the nature and type of various proprietary rights in land
- Examine the creation of various proprietary interests in land and analyse their relative enforceability at law and in equity
- Formulate an informed decision by applying the relevant property rights principles and law arising out of an encountered fact situation
- Apply appropriate style and terminology to communicate effectively in the discipline.
- Communication
- Problem Solving
- Critical Thinking
- Information Literacy
- Information Technology Competence
- Cross Cultural Competence
- Ethical practice
Examination
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?
