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LAWS75-311: Property Law May 2017 [Standard]

General information

Property Law is a compulsory subject in the Juris Doctor program offered by the Faculty of Law. This subject examines the meaning, purposes and categories of property; the concepts of ownership and possession; the doctrines of tenure, estates and fixtures; native title; the Torrens system of land title; and selected topics in personal property ('finders keepers' and bailment).

Details

Academic unit:Faculty of Law
Subject code:LAWS75-311
Subject title:Property Law
Subject level:Postgraduate
Semester/Year:May 2017
Credit points:10

Delivery & attendance

Timetable: https://bond.edu.au/timetable
Delivery mode:

Standard

Workload items:
  • Lecture: x12 (Total hours: 24) - Weekly Lecture
  • Tutorial: x11 (Total hours: 11) - Weekly Tutorial
Attendance and learning activities: It is an obligation to attend all lectures and it is an compulsory to attend all tutes.

Resources

Prescribed resources:
  • Rick Bigwood and Kim Weinert (2017). Dossier of Materials. [Dossier of Materials]
After enrolment, students can check the Books and Tools area in iLearn for the full Resource List.
[email protected] & Email:[email protected] is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.

To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au

Enrolment requirements

Requisites: ?

Pre-requisites: ?

Co-requisites: ?

There are no co-requisites.

Restrictions: ?

This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.

Assurance of learning

Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.

At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.

Program Learning Outcomes (PLOs)

Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.

Find your program

Subject Learning Outcomes (SLOs)

On successful completion of this subject the learner will be able to:
  1. Identify issues of property law.
  2. Describe the relevant principles and authorities of property law.
  3. Critically analyse the principles and authorities of property law.
  4. Construct and communicate legal arguments in both oral and written assessments.

Assessment

Assessment details

TypeTask%Timing*Outcomes assessed
*Class Participation Tutorial Participation 10% Week 2 1, 2, 3, 4.
Oral Pitch Oral Presentation 30% Week 6 1, 2, 3, 4.
Paper-based Examination (Open) End of semester examination 60% Final Examination Period 1, 2, 3, 4.
  • * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
  • C = Students must reach a level of competency to successfully complete this assessment.

Assessment criteria

High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking.
Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas.
Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above.
Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment.
Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines.

Quality assurance

For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.

Study information

Submission procedures

Students must check the [email protected] subject site for detailed assessment information and submission procedures.

Policy on late submission and extensions

A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.

Policy on plagiarism

University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.

Bond University utilises Originality Reporting software to inform academic integrity.

Feedback on assessment

Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.

Disability support

If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.

Subject curriculum

The introductory lecture will inform students to characteristics, categories and justification of property.

1, 2, 4.

This lecture's focus in on 'interests' in personal property. This focus will critically discuss what is ownership and possession, and the legal difference and significance of ownership and possession.

1, 2, 3, 4.

Who is entitled to a found item of property? Is it the finder or is it the true owner? This lecture will continue the critical discussion and legal analysis of in 'interests' in personal property.

1, 2, 3, 4.

The aim of this lecture is to outline the different types of bailment, critically examine the nature of bailment by examining key concepts. This examination will allow students to identify how and when a bailment arises.

1, 2, 3, 4.

Building upon the introductory concepts of bailment this lecture will crucially discuss and analyse the property rights of a Bailor and Bailee and the legal obligations of a Bailee and Bailor. This lecture will also introduce students to the important concept of sub-bailment and the legal consequences of breach of bailment and how to know and when a bailment is terminated.

1, 2, 3, 4.

This lecture will critically discuss pledges, liens and charges. This topic will ground a student's knowledge for further property based subjects and provide and introduction to the concept of land through the personality-reality interface (Doctrine of Fixtures).

1, 2, 3, 4.

This lecture will examine further the personality-reality interface and critically examine the physicality of land (up, down and sideways).

1, 2, 3, 4.

The primary focus of this lecture is to critically examine and understand possession and the concept of 'title' in land. This will include an examination of Native Title in Australia.

1, 2, 3, 4.

This lecture will provide students with a brief historical understanding of the development understanding of conveyancing through a critically examination of the old system of title versus Torrens system of title. There will also be a focus on the judicial interoperation and application of fraud and personal equity exceptions to indefeasibility.

1, 2, 3, 4.

Counting on the fraud and personal equity exception to indefeasibility this lecture will critically examine the exceptions of short leases and adverse possession. Again this lecture will critically examine and discuss the judicial interoperation and applications of these exceptions to indefeasibility.

1, 2, 3, 4.

This lecture will finish with the examination of the exceptions to indefeasibility. From here this lecture will examine omitted easements. The last part of this lecture will examine and discuss the Registrar's statutory powers (through statutory interoperation). Then this lecture will introduce students to caveats by crucially discussing the requirements of a caveat and the legal consequences of caveating, the duration of caveats and 'wrongful' caveats.

1, 2, 3, 4.

The last lecture will critically examine how disputes between unregistered interests are resolved, entitlement to and assessment of compensation under the Torrens system. The last part of this lecture will be dedicated to exam revision on any topic from Property Law that students will like revised.

1, 2, 3, 4.
Approved on: Mar 16, 2017. Edition: 3.2
Last updated: Apr 28, 2017.