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)

 

Learning Outcomes

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

1. - Define, explain, distinguish and apply the basic concepts and terminology of property law;
2. - Critically analyse the values and policy considerations involved in the legal regulation of property transactions;
3. - 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;
4. - 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;
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 Darryn Jensen's publications and research can be found here https://law.anu.edu.au/people/darryn-jensen. Information on Wayne Morgan's publications and research can be found here https://law.anu.edu.au/people/wayne-morgan.

Required Resources

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.

Recommended Resources

J Gray, N Foster, S Dorsett and H Roberts, Property Law in New South Wales (4th ed; LexisNexis Butterworths, 2018)

Staff Feedback

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.

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). 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.

Other Information

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: 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.

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
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

Tutorial Registration

Students will be required to register for tutorials through the course WATTLE site.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Research Essay	40 %	20/04/2020	22/05/2020	2, 3, 4, 5
Final Take Home Examination	60 %	*	09/07/2020	1, 2, 3, 5, 6

* 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 Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

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 ANU Online 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

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 in the course Reading Guide on wattle.

Students are expected to prepare for lectures, tutorials 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.

Assessment Task 1

Research Essay

Students are to conduct independent research and write an essay 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 submit an essay will result in a mark of zero for the assessment item.

Weighting: 40%

Release: The essay question will be available on Wattle in Week 1.

Due date: Monday, 20 April 2020 at 5pm via Turnitin. Late submission is permitted but, where no extension has been granted, penalties for late submission apply. No extensions will be permitted beyond 22 May 2020.

Estimated return date: Friday, 22 May 2020 (Week 10) via Turnitin.

Word limit: 2,400 words (maximum)

Referencing Requirements: Footnotes should be used for referencing of sources. All references should be in the style required by the current edition of the Australian Guide to Legal Citation.

Other requirements: Please use 1.5 line spacing and a minimum of 11 point font.

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

Final Take Home Examination

Details: 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. This assessment task addresses learning outcomes 1, 2, 3, 5 and 6.

Nature of Task: Compulsory and non-redeemable. 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 a supplementary exam. If such a student passes the supplementary exam, their 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 held in June.

Weighting: 60%.

Release: The questions will be released on Wattle at the starting time for the exam. Date and time TBA.

Due Date: The working time will be 3 hours. Submission via Turnitin. Late submission will not be accepted.

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

Estimated return date: Release of final results via Turnitin. General feedback (i.e. comments on the basis for marking and common errors) will be made available on the course WATTLE site after results have been released. In addition, an individualised feedback sheet will be attached to each student’s exam script.

Word limit: The total length of the submitted answer should not exceed 4,000 words. Penalties for excess word length will be applied.

Assessment Criteria: Content, Structure and Organisation, Written Expression and Referencing. Refer to assessment rubrics on Wattle.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to 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 be familiar with the academic integrity principle and Academic Misconduct Rule, 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 Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

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. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

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 take-home examinations.

Referencing Requirements

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. 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 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