Units

---

Sample subject outline - Semester 2 2013

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

In the unit Property Law A the principles underpinning the rules relating to the acquisition, transfer and holding of real and personal property were considered. In Property Law B, the principles of real property law will be examined with a focus on how the Torrens system of registration of title to land and the creation and disposition of various estates and interests in real property.

Property Law B is a compulsory unit in the law degree and is required for admission to legal practice. Property law is a significant area of legal practice in government, general practice and specialised law firms. In Property Law B a range of registrable interests and related issues are examined so that you may develop the knowledge, understanding and skills necessary to maintain your abilities in this important area of legal practice.

Aims

This unit aims to build upon the knowledge, understanding and skills developed in Property Law A by developing in students an understanding of property law relating to the Torrens system, leases, mortgages, community title, priorities, caveats and statutory and equitable remedies. It also aims to equip you with an understanding of how this area of the law is likely to develop in the 21st Century. Integral to this is the development of your skills, necessary for the practice of law and your further studies of law, in legal problem solving, research, written communication and drafting.

Objectives

At the completion of this unit you should be able to:
1. Critically analyse the development of the law of property in response to changing social, economic and environmental imperatives; (GC1, GC2)
2. Critically analyse a problem to identify and apply the correct legal principles of property law in real world contexts, including relevant principles of statutory interpretation; (GC1, GC2)
3. Effectively research, evaluate and interpret primary and secondary sources relevant to the law of property; (GC2)
4. Effectively communicate property law concepts and propose solutions to problems relating to property law in plain English; (GC3)
5. Reflect on your own performance and assume responsibility for your own learning. (GC4)

Graduate Capabilities

Your understanding of the unit content and development of skills will assist you to acquire the following law graduate capabilities:
1. Discipline Knowledge;
2. Problem Solving, Reasoning and Research;
3. Effective Communication;
4. Life Long Learning;

Content

Content
The material covered includes:
1. Leases;
2. Mortgages;
3. Community Titles;
4. Torrens Title System and Indefeasibility;
5. Priorities and Caveats; and
6. Statutory and Equitable Remedies.

Approaches to Teaching and Learning

This unit is a combination of content and skills that will develop your graduate capabilities. Therefore the unit is taught through a combination of face-to-face lectures (to assist with your understanding of property law); face-to-face tutorials (to allow you to practise and develop your communication and legal problem solving skills).

Study Guide
The Study Guide for the unit provides an outline of relevant content, prescribed readings and tutorial exercises for each week of semester.

Lectures
There will be 2 hourly weekly lectures in weeks 1-13. The lectures are audio taped and podcasts are available through the unit's Blackboard site. The lectures are supported by PowerPoint presentations

Tutorials
One hour tutorials are timetabled for weeks 1-13. For external students, synchronous online tutorial will also be conducted in each of these weeks. The online tutorials will be recorded and available for external students

Online Materials
Online learning and teaching resources which provide students with feedback on their learning are available via the Blackboard site for this unit.
Optional Research Workshops
During the semester the Clayton Utz Law Library will offer optional research workshops with a focus on primary and secondary resources relevant to property law.

There will be no external attendance school for this unit.

Assessment

Assessment in this unit is both summative and formative.Feedback on the development or attainment of your understanding of property law concepts examined in this unit and the skills taught is provided through:

• The face-to-face tutorials (internal students);


• Online tutorials (external students);


• Online activities on the unit Blackboard site;


• The individual Feedback written on the external exercise (external students);


• The generic feedback on the external exercise on the unit's Blackboard site;


• The individual written feedback on your research assignment;


• The generic feedback on the research assignment on the unit's Blackboard site; and


• The option of private consultation with a member of the teaching team during student consultation.

All of the formative assessment you receive links with learning outcome 5.

You should reflect on the strategies for improvement of your research skills that you have identified in previous law units such as LWB146 and LWB242 and implement those strategies in your research assignment and methodology in this unit.
You should reflect upon the feedback on your assessment in this unit (both your individual and generic feedback as provided on Blackboard) for the purpose of identifying:

• gaps in your knowledge and understanding of the legal principles;


• inadequacies in your problem solving and research methodology;


• strategies to improve your problem solving, research, oral and written communication skills in further assessment; and


• areas for improvement for future studies within the LLB.

You should record your work, the feedback and your reflection, noting your strategies for improvement, in your Student ePortfolio. This links with learning outcome 5.

Assessment name: Res Assign & Methodology
Description: The research assignment and research methodology will require you to undertake a real world research project on a prescribed property law topic. The research assignment and methodology will assess your skills of researching and evaluating various legal sources, extracting and analysing property law principles, constructing arguments using law and policy and legal writing in a real world context.

Word limit: 2500 words plus 2 page research methodology.
Relates to objectives: All.
Weight: 30%
Internal or external: Both
Group or individual: Individual
Due date: Week 8

Assessment name: Examination
Description: There will be a compulsory end of semester exam. The exam will be open book. All topics of the unit may be examinable.
Relates to objectives: 1, 2, 4 & 5
Weight: 60%
Internal or external: Both
Group or individual: Individual
Due date: Central Exam Period

Assessment name: Discussion Forum (Tutorials)
Description: Internal students will be assessed on their preparation for, participation in and contribution to discussions, analysis, problem solving and skills exercises in tutorials throughout the semester. We will assess your knowledge and understanding of property law, your ability to apply the law to real life problems, your demonstrated preparation, and your communication skills.
Relates to objectives: All.
Weight: 10%
Internal or external: Internal
Group or individual: Individual
Due date: Weeks 1-13

Assessment name: External Exercise
Description: This exercise requires you to submit a written answer to a specified question based on an area of property law that you have studied by this time. This exercise will assess your understanding property law, your problem solving skills and your ability to apply the law to real life problems and to communicate effectively in written form.

Word limit:1000 words (4 pages)
Relates to objectives: 1, 2, 4 & 5
Weight: 10%
Internal or external: External
Group or individual: Individual
Due date: Week 6

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Prescribed Materials
MacDonald, McCrimmon, Wallace & Weir, Real Property Law in Queensland (Thomson Law Book, Sydney, 3rd ed, 2010).
Property Law Act 1974 (Qld)
Land Title Act 1994 (Qld)
Body Corporate and Community Management Act 1997 (Qld)
Body Corporate and Community Management (Standard Module) Regulation 2008 (Qld)

Recommended Texts

B J Edgeworth, C J Rossiter, M A Stone and P A O'Connor Sackville and Neave Australian Property Law -Cases and Materials (LexisNexis, Sydney, 9th ed, 2013).


Blackboard site
Online resources for this unit are available on the unit blackboard site.

Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 11-Apr-2013