This course is a compulsory course required for admission to legal practice. Understanding the law of property is essential for any practising lawyer. The course builds heavily on the law of contract (which you have already completed) and will lead on to other compulsory and elective courses. It is closely related to Equity and Trusts (a further compulsory course) which you will study after Property. In terms of elective courses, understanding the basic law of property is essential before you go on to study courses such as intellectual property, commercial law, succession law and Indigenous Australians and the Law.

The course provides an overview of the law governing personal and real property, emphasising the concepts of possession and title, the fragmentation of proprietary interests, and the various ways in which common law and legislation resolve disputes between competing interests. The greater part of the course is devoted to the nature, creation, acquisition, exercise, and remedies for the protection, of interests in real property (land). The course covers legal and equitable interests in land, the acquisition and transfer of such interests by purchase, gift and adverse possession, priority rules, leases, mortgages, easements, and concurrent ownership. Particular attention is paid to the Torrens system of title by registration. (Property is not a course in conveyancing, which is covered in Practical Legal Training programs.

This course meets the requirements of the Law Admissions Consultative Committee Prescribed Academic Areas of Knowledge for Property. 

This course meets the following requirements of the Law Admissions Consultative Committee Prescribed Academic Areas of Knowledge for Equity: 

• specific performance 
• equitable assignments 
• equitable titles and interests 
• equitable remedies (equitable liens)

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Synthesise, evaluate and apply the principles of property law covered in the course in order to formulate solutions to complex property law problems.
2. Critically analyse the values and policy considerations involved in the legal regulation of property transactions, incorporating a diverse range of perspectives.
3. Appraise the role of property law in providing tools for the myriad of property dealings for commercial and private purposes, including transfers, securing of loans, leasing land, sharing of ownership, and regulating land use.
4. Select and apply a range of approaches to written and oral communication, and apply the critical thinking and professional judgement required to design and justify solutions to complex property law problems.
5. Engage in legal research to formulate persuasive written arguments reflecting critically on the fundamental themes underlying and connecting policy and doctrines covered in the course, and how property has been, and can be, used as a vehicle for social change.

Research-Led Teaching

The teaching in this course is informed by the research of its teaching staff in specific issues of property law and in closely related areas of law and in approaches to legal interpretation and critical analysis of law and policy. Information on Wayne Morgan's publications and research can be found here https://law.anu.edu.au/people/wayne-morgan. Information on Heather Roberts' publications and research can be found here https://law.anu.edu.au/people/heather-roberts

Required Resources

Brendan Edgeworth et al, Sackville & Neave Australian Property Law (LexisNexis, 11th ed, 2021). This is referred to as the ‘casebook’ in the Reading Guide.

This is a cases and materials book and is the most convenient way to access extracts from the leading cases on property law. A reading guide and some supplementary reading material and sample documents will be made available on the course Wattle site. There is also extensive statute law studied in this course. Lecturers will provide advice in class about essential reading of statutes.

Recommended Resources

J Gray, N Foster, H Roberts and D Jensen, Property Law in New South Wales (LexisNexis, 5th ed, 2022). It is not necessary to purchase this text, but students may find it helpful. The library has copies.

Staff Feedback

Students will be given feedback in the following forms in this course:

• Generic online feedback when all students have completed the online quizzes.
• Discussion of factual scenario/problem questions in tutorials.
• Individual written feedback on the research project.
• General feedback comments (e.g. basis of marking and common errors) on final examination.

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of Grades Policy: https://law.anu.edu.au/current-students/policies-procedures/grading

Further Information about the Course: is available from the course WATTLE page. Students are required to access the WATTLE site regularly throughout the course for details on weekly classes and any announcements and updates relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	What is property? Possession and Personal Property Finding and abandonment
2	Real Property and Personal Property Possession of Land
3	Tenure and Estates
4	Creation and transfer of interests in land
5	Priority between competing interests in land	Tutorial 1
6	Mortgages - Creation and Power of Sale	Tutorial 2
7	Leases Introduction to the Torrens System	Tutorial 3
8	The Torrens System – Indefeasibility and Exceptions	Tutorial 4
9	The Torrens System – Indefeasibility and Exceptions ctd	Tutorial 5
10	Priority between Unregistered Interests	Tutorial 6
11	Mortgages and the Torrens System	Tutorial 7
12	Co-ownership of Land	Tutorial 8

Tutorial Registration

Registration for tutorials is required. Students should register using MyTimetable. Registration for most tutorial groups will be available from Monday 6 February. Some tutorial groups will be held for release during the first week of the semester for the benefit of late enrolling students.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Optional Online Quiz 1	0 %	*	29/03/2023	1
Research Project	40 %	27/03/2023	12/05/2023	2,3,4,5
Optional Online Quiz 2	0 %	*	23/05/2023	1
Final Examination	60 %	*	29/06/2023	1,3,4,5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Guideline and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Examination(s)

Examinations are held during the University's examination period. Students should consult the exam timetable when it has been finalised.

Assessment Task 1

Optional Online Quiz 1

Details of Task: The quiz will consist of ten multiple choice questions to be answered online. This assessment task addresses learning outcome 1.

Nature of Task: Optional

Weighting: 0%

Release: 5pm, 14 March 2023

Due Date: N/A. The optional online quiz will remain open for attempts throughout the semester. However, feedback will only become available from 28 March 2023.

Assessment Criteria: The mark for the quiz will be based on the number of correct responses.

Assessment Task 2

Research Project

Details of Task: Students are to conduct independent research and write an essay or record a podcast on one of the topics provided on the course Wattle site in Week 1.This assessment task addresses learning outcomes 2 to 5.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 40%

Release: A list of essay topics and instructions will be made available on Wattle in Week 1.

Task Selection: Students must indicate their elected assessment format (ie written project or podcast) by 5pm, 9 March 2023.

Word Limit: 2400 words, or for students submitting a podcast recording, 12 minutes. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Referencing and Submission Requirements: Specified in the assessment instructions. The required referencing format will depend on whether the student elects to submit a written essay or a podcast recording. Any written submission must be made with a 12-point font, 1.5 line spacing and page numbers on each page. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, 27 March 2023. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: 12 May 2023

Assessment Criteria: A complete assessment rubric will be made available on Wattle.

• Independent Research
• Written Communication
• Structure of Essay
• Response to Question
• Referencing and Compliance with Citation Style (where appropriate)

Assessment Task 3

Optional Online Quiz 2

Details of Task: The quiz will consist of ten multiple choice questions to be answered online. This assessment task addresses learning outcome 1.

Nature of Task: Optional

Weighting: 0%

Release: 5pm, 10 May 2023

Due Date: N/A. The optional online quiz will remain open for attempts throughout the semester. However, feedback will only become available from 23 May 2023.

Assessment Criteria: The mark for the quiz will be based on the number of correct responses.

Assessment Task 4

Final Examination

Details of Task: All topics are examinable. More information about the precise format of the final exam, e.g. number of questions, will be provided prior to the end of classes. This assessment task addresses learning outcomes 1, 3, 4 and 5.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task. Students must obtain 45% or better on the final examination in order to pass the course. Students who do not obtain 45% on the final examination, but whose overall mark for the course is at least 45%, will be granted an opportunity to sit a supplementary exam. If such a student passes the supplementary exam, that student's final mark for the course will be 50 PS. If such a student fails the supplementary exam, that student's final mark for the course will be the mark obtained on the final examination.

Weighting: 60%

Duration: 3 hours

Permitted Material: Any materials may be consulted during the examination, but students must not communicate with any other person apart from the course convenor for the purposes of asking questions about administrative matters.

Due Date: The exam will be held during the end-of-semester exam period. Please consult the ANU examinations timetable when it is released. Because this is a formal examination, late submissions will not be accepted. 

Estimated Return Date: Official end-of-semester results release date. General feedback (i.e. comments on the basis for marking and common errors) will be made available on Wattle after results have been released.

Assessment Criteria: A complete assessment rubric will be made available on Wattle; the final examination will assess students in terms of:

• Content
• Structure and Organisation
• Written Expression

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
• Late submission is not accepted for tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.  

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Returning Assignments

For all assessment submitted online, marks and feedback will also be provided online by the return dates listed above.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Access and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students