| Effective Term: | 2024/05 |
| Institute / School : | Institute of Innovation, Science & Sustainability |
| Unit Title: | Property Law |
| Unit ID: | BULAW1505 |
| Credit Points: | 15.00 |
| Prerequisite(s): | (BULAW1502) |
| Co-requisite(s): | Nil |
| Exclusion(s): | Nil |
| ASCED: | 090901 |
| Other Change: | |
| Brief description of the Unit |
The course builds on the introduction to property law in BULAW1502 Fundamentals of Law and covers the study of the salient features of Australian property law, and what role that body of law plays in private law. The course comprises three basic parts: (i) doctrinal matters; (ii) fundamental aspects of property law; (iii) resolution of disputes between competing proprietary interests. The course commences by situating proprietary rights as against personal rights in private law, and introduces the concepts of exclusion, alienability, title and possession. Fundamental aspects of property law are then studied, including: the classification and fragmentation of proprietary interests; personal property (chattels and choses in action); security interests; equitable interests; real property (including the distinction between general law land and Torrens title land); interests in real property (such as freehold, native title, leases and easements); co-ownership, and the registration of interests. The course concludes with a study of the laws governing how disputes are resolved between holders of competing proprietary interests. |
| Grade Scheme: | Graded (HD, D, C, P, MF, F, XF) |
| Work Experience Indicator: |
| No work experience |
| Placement Component: No |
| Supplementary Assessment:Yes |
| Where supplementary assessment is available a student must have failed overall in the Unit but gained a final mark of 45 per cent or above, has completed all major assessment tasks (including all sub-components where a task has multiple parts) as specified in the Unit Description and is not eligible for any other form of supplementary assessment |
| Course Level: |
| Level of Unit in Course | AQF Level(s) of Course | | 5 | 6 | 7 | 8 | 9 | 10 | | Introductory | | |  | | | | | Intermediate | | | | | | | | Advanced | | | | | | |
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| Learning Outcomes: |
| Knowledge: |
| K1. | Recognise the various roles played by property rights in private law. |
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| K2. | Describe and evaluate the sources of property rights. |
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| K3. | Identify how property law interacts with contract law, tort law and equity, including the essential characteristics of how a proprietary interest is distinguished from non-proprietary rights. |
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| Skills: |
| S1. | Analyse and interpret relevant case law and statutes in so far as they supply the contours of property law. |
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| S2. | Conduct legal research into problems relating to Australian property law. |
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| S3. | Undertake clear, well-structured legal writing supported by appropriate authorities, in answer to property law problems or questions. |
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| Application of knowledge and skills: |
| A1. | Integrate knowledge of property law with an ability to identify legal issues arising in complex fact situations and provide an appraisal of how the law might apply. |
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| A2. | Locate and apply case law, statutes and secondary sources as effective components of legal analysis, including a critical evaluation of their relevance and importance in a variety of contexts. |
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| Unit Content: |
Topics may include: 1.Essential characteristics of property rights and how they are distinguished from non-proprietary rights. 2.Classification, fragmentation and registration of proprietary interests. 3.Personal property. 4.Security interests. 5.Equitable interests. 6.Real property, including the distinction between general law land and Torrens title land. 7.Interests in real property 8.Co-ownership. 9.Resolution of disputes between holders of competing proprietary interests. |
| Graduate Attributes: |
| | Learning Outcomes Assessed | Assessment Tasks | Assessment Type | Weighting | | 1. | K1, K2, K3 | Short answer and/or multiple choice questions undertaken in a closed-book supervised setting
| Test | 10-20% | | 2. | K1, K2, K3, S1, S2, S3, A1, A2 | Research essay and/or problem solving task
| Individual Essay or Report
| 30-40% | | 3. | K1, K2, K3, S1, S3, A2 | Supervised open-book examination.
| Examination | 40-60% |
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