- Class Number 4396
- Term Code 2930
- Class Info
- Unit Value 6 units
- Mode of Delivery Online
- Dr Darryn Jensen
- Wayne Morgan
- Class Dates
- Class Start Date 25/02/2019
- Class End Date 31/05/2019
- Census Date 31/03/2019
- Last Date to Enrol 04/03/2019
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 such as the Graduate Diploma of Legal Practice in the Legal Workshop)
Upon successful completion, students will have the knowledge and skills to:
- - Define, explain, distinguish and apply the basic concepts and terminology of property law;
- - Critically analyse the values and policy considerations involved in the legal regulation of property transactions;
- - Recognise, define and 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;
- - Explain and demonstrate how the doctrines of property law apply to a factual problem, in writing and orally, and recognise any unresolved or ambiguous questions of law;
- - 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;
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.
B Edgeworth, C Rossiter, P O’Connor and A Godwin, Sackville and Neave Australian Property Law (10th ed; LexisNexis Butterworths, 2016) (referred to in Reading Guide as ‘casebook’).
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.
J Gray, N Foster, S Dorsett and H Roberts, Property Law in New South Wales (4th ed; LexisNexis Butterworths, 2018)
Students will be given feedback in the following forms in this course:
- written comments
- verbal comments
- feedback to the whole class, to groups and to individuals.
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). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.
Extensions late submission and penalties - https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties
Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties
Distribution of Grades Policy: Effective from Winter Session and Second Semester 2018 (and until further notice), the current Grading Distribution Policy has been suspended pending the development of a new policy. For further information about the interim policy please see: 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.
|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|
|6||Mortgages - Creation and Power of Sale|
|7||Leases Introduction to the Torrens System|
|8||The Torrens System – Indefeasibility and Exceptions|
|9||The Torrens System – Indefeasibility and Exceptions ctd|
|10||Priority between Unregistered Interests|
|11||Mortgages and the Torrens System|
|12||Co-ownership of Land|
Students will be required to register for tutorials in Week 1.
|Assessment task||Value||Due Date||Return of assessment||Learning Outcomes|
|Research Essay||30 %||01/04/2018||03/05/2018||2,5|
|Discussion Forum Contributions||10 %||31/05/2019||04/07/2019||1,2,3|
|Final Take Home Examination||60 %||31/05/2018||28/06/2018||1,3,4,|
* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details
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 Misconduct Rule before the commencement of their course. Other key policies and guidelines include:
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 ANU Online website. Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.
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.
This course involves reading, thinking and arguing. Effective participation in this course requires 5-6 hours of reading each week. In order to take better advantage of the discussion which will occur in lectures and tutorials, you should read the required readings for the week prior to attending class. In addition, you should seek to read as much as you can of the recommended reading for the week. Students seeking some background to the topics and readings may also find it useful to read relevant parts of the general legal theory texts listed below.
Students are expected to prepare for both lectures and seminars and to engage critically in the discussion that takes place there. It is, in part, by means of such engagement and the feedback you get from that that you will be able to evaluate and enhance the quality of your learning of the course content and skills.
You should check the course Wattle site on a regular basis to read important announcements and access additional learning materials.
Please note that the exam date in the assessment summary is indicative only. Students should consult the ANU final examination timetable to confirm the date and time of the exam.
Assessment Task 1
Learning Outcomes: 2,5
Nature of Task: Compulsory and non-redeemable. Failure to submit an essay will result in a mark of zero for the assessment item.
Release: The essay question will be available on Wattle in Week 1.
Due date: Monday 1 April 2019 at 4pm via Turnitin. Late submissions (without an extension) will be accepted, however late penalties will apply. No extensions will be permitted beyond 3 May 2019.
Estimated return date: Friday, 3 May 2019 via Turnitin.
Word limit: 2,000 words (maximum)
Assessment Criteria: Independent Research, Written communication, Structure of Essay, Response to Question, Referencing and compliance with citation style. Refer to assessment rubrics on Wattle.
Assessment Task 2
Learning Outcomes: 1,2,3
Discussion Forum Contributions
Nature of Task: Compulsory and non-redeemable. Failure to make any contribution to the discussion forum during the semester will result in a mark of zero for the task.
Release Date: A discussion topic will be announced (on the discussion forum) at 10am each Monday from Week 2 to Week 11
Due Date: Contributions relating to the previous week's discussion topic must be completed by 10am on the Monday following the release of the topic (i.e. each Monday from Week 3 to Week 12). While all students are expected to contribute in the course of the semester, it is not compulsory for every student to contribute every week. No extensions will be given.
Estimated return date: Release of final results, but students will be given an opportunity to obtain a progress report on the quality of their contributions in Week 6.
Assessment Criteria: Frequency, Knowledge, Expression. Refer to assessment rubrics on Wattle.
Assessment Task 3
Learning Outcomes: 1,3,4,
Final Take Home Examination
Details of Task: All topics are potentially examinable. More information about the precise format, e.g. number of questions, will be provided prior to the end of classes.
Nature of Task: Compulsory, non-redeemable. Students must obtain at least 45% on the exam in order to pass the course.
Release: The question(s) will be released on Wattle at the starting time for the exam. Please note that the dates in the assessment summary are indicative only. Students should consult the ANU final examination timetable to confirm the date and time of the exam.
Due Date: There will be 3 hours working time to be submitted via Turnitin.
Estimated return date: Release of final results via Turnitin.
Word limit: The total length of the submitted answer should not exceed 4,000 words.
Assessment Criteria: Content, Structure and Organisation, Written Expression and Referencing. Refer to assessment rubrics on Wattle.
Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.
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. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.
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.
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 take-home examinations.
Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.
Extensions and Penalties
Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions 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.
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 Diversity 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