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LAWS12065 - Foundations of Property Law

General Information

Unit Synopsis

LAWS12065 Foundations of Property Law introduces students to the conceptual foundations of the law of property in Australia. In this unit you will examine learn about personal property and an introduction to interests in real property. A core aim of the unit is to develop an understanding of a 'proprietary interest' and the different types of interests in property which Australian law recognises. The unit includes coverage of the regulation of personal property interests under the Personal Property Securities Act 2009 (Cth) and Native Title both under the common law and the Native Title Act 1993 (Cth) (as amended). This unit covers the following specific themes: Perspectives on the concept property; possession, seisin and title; nature and type (i.e. fragmentation) of proprietary interests; creation of proprietary interests; legal and equitable remedies; statutory schemes of registration (the Personal Property Securities Act 2009 (Cth)); and acquisition and disposal of proprietary interests. The Unit addresses: the doctrine of tenure and estates; the principles for resolving priority disputes to land under the general law; and the doctrine of fixtures and related concepts which affect the scope and meaning of real property under Australian property law. This unit together with LAWS12066 Land Law meets the LPAB requirements for property.

Details

Level Undergraduate
Unit Level 2
Credit Points 6
Student Contribution Band SCA Band 4
Fraction of Full-Time Student Load 0.125
Pre-requisites or Co-requisites

Pre-requisites:

LAWS11057 Introduction to Law; and

LAWS11059 Statutory Interpretation

Co-requisites

LAWS 12056 Equity

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).

Class Timetable View Unit Timetable
Residential School No Residential School

Unit Availabilities from Term 3 - 2020

Term 1 - 2021 Profile
Online
Term 1 - 2022 Profile
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).

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.

Assessment Tasks

Assessment Task Weighting
1. Group Discussion 10%
2. Online Quiz(zes) 30%
3. Examination 60%

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

Past Exams

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Previous Feedback

Term 1 - 2020 : The overall satisfaction for students in the last offering of this course was 4.3 (on a 5 point Likert scale), based on a 63.44% response rate.

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.

Source: Student evaluation
Feedback
Assessment
Recommendation
In T120 a changed assessment regime will be introduced involving between 2-3 assessments (reduced from 4), potentially 10% written/participation assessment, 40% written and legal technology skills assessment and 50% final exam or take home paper.
Action Taken
The changed assessment regime was implemented with the exception of a component related to student participation.
Source: Self-reflection
Feedback
Recordings (Lectures and tutorials)
Recommendation
In T119 use of break-out function in zoom was implemented for tutorials. Use of the break-out function, where used, will be adjusted to accommodate using speaker view to emphasise the lead role of the instructor. This function in zoom will also be used more selectively in the future.
Action Taken
The breakout function in Zoom was not used. All students participated equally during Zoom sessions.
Source: Student evaluation
Feedback
Recordings (Lectures and tutorials)
Recommendation
All recordings will be to up to date and uploaded as audio and vidcasts. Vidcasts will be uploaded via YouTube for ease of access across multiple electronic and mobile devices.
Action Taken
All Zoom sessions were uploaded via YouTube.
Source: self-reflection
Feedback
Unit materials
Recommendation
In ongoing revision, a stronger narrative style will be adopted with reference to integration with the prescribed text. There will also be a stronger emphasis placed on topics covering the personal property securities legal framework and Native Title in light of recent legal developments.
Action Taken
A strong emphasis was placed on topics covering the personal property security legal framework.
Source: Student evaluation
Feedback
Unit materials and prescribed texts
Recommendation
Notes will be further revised to provide a stronger narrative discussion for online learners. Additional materials on the Unit Moodle will be rationalised with the aim of providing students with a more manageable reading load.
Action Taken
Much of the material contained on Moodle in previous offerings was not presented. Some of the material was not directly relevant to the students’ learning experience and was likely to overwhelm them.
Source: John Milburn
Feedback
Assessment linked to participation was not well received by students.
Recommendation
Remove all reference to assessment that is linked to participation. Given that an assessment based on participation is not standard practice, the assessment regime must be changed to ensure that assessments relate to the ULO or CLO.
Action Taken
Nil.
Source: John Milburn
Feedback
Unit materials, including study guides need a refresh.
Recommendation
Refresh, or replace, all unit materials, including study guides with a view to introducing a more practical approach to the presentation of this unit.
Action Taken
Nil.
Unit learning Outcomes

On successful completion of this unit, you will be able to:

  1. Explain and discuss the meaning and purpose of the concept of property and property rights
  2. Compare and contrast aspects of Australian property law under the common law system with aspects of the South African mixed legal system in relation to constitutional protection of property rights
  3. Appraise and apply the scheme for regulating and registering security interests in personal property under the Personal Property Securities Act 2009 (Cth)
  4. Explain and evaluate the methods and processes under law for creating, disposing and enforcing proprietary interests in relation to both personal and real property
  5. Summarise and describe the nature of interests in State land in Queensland under the Land Act 1994 (Qld) (as amended)
  6. Recognise and critique the framework of indigenous rights to land including native title under the common law and the Native Title Act 1993 (Cth) (as amended)
  7. Demonstrate and apply an understanding of dealings in proprietary interests under the Property Law Act 1974 (Qld), Australian Consumer Law and the general law in relation to both enforcement and remedies.


Alignment of Assessment Tasks to Learning Outcomes
Assessment Tasks Learning Outcomes
1 2 3 4 5 6 7
1 - Group Discussion
2 - Online Quiz(zes)
3 - Examination
Alignment of Graduate Attributes to Learning Outcomes
Introductory Level
Intermediate Level
Graduate Level
Graduate Attributes Learning Outcomes
1 2 3 4 5 6 7
1 - Communication
2 - Problem Solving
3 - Critical Thinking
4 - Information Literacy
6 - Information Technology Competence
7 - Cross Cultural Competence
8 - Ethical practice
9 - Social Innovation
Alignment of Assessment Tasks to Graduate Attributes
Introductory Level
Intermediate Level
Graduate Level
Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9
1 - Group Discussion
2 - Online Quiz(zes)
3 - Examination