This course focuses on the distinctive questions raised for the law of property by Indigenous–settler relations. It provides students who have already studied the basics of property law with an in-depth grounding in specific issues relating to property in Australian society, across a range of legal fields and sites of struggle. The course will familiarise students with legal precedents, statutes and treaties relevant to this area, and enable them to consider these in light of their historical, social and ecological dimensions. Where possible, we will be joined during the class by guest speakers possessing particular expertise in the topics covered.
The course begins by exploring the history and significance of European colonisation of the Australian continent, the existence and nature of Indigenous legal systems, the history of the struggle for Indigenous justice in Australia, and theoretical approaches to the plurality of laws. It then explores in more detail the significance of this pluralism for a range of different forms of property (real property (real property and the law of native title, patents, and choses in action), and across different sites of struggle (water, mining, fishing, and climate). It will also consider whether and how constitutional obligations are or might be adapted to this plurality of legal systems, and different institutional forms through which questions associated with property might be addressed.
The overall aim of the course is to prepare students to responsibly practice law in an Australian context, and to participate in contemporary social debates over the nature and future of property in a settler state. Students will have the opportunity to demonstrate their learning through a research paper relating to the themes of the course.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Critically reflect on the present role of property law in shaping contemporary settler-Indigenous relations across a range of legal fields and sites.
- Develop persuasive legal arguments through evaluation of statute, case law, legal principle, and their relation to theoretical and historical understandings of legal pluralism in Australia.
- Critically evaluate the implications of legal pluralism and settler-Indigenous relations for property law and professional legal practice.
- Responsibly engage in debates within the legal profession and society at large about the history, politics and future of property law and policy.
- Design and execute substantial research informed by methodological debates on the study and practice of law in the context of settler-Indigenous relations.
Indicative Assessment
- The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the teaching period. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available in the class summary and on the course WATTLE page. (100) [LO 1,2,3,4,5]
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Workload
- Classes offered in non-standard sessions will be taught semi-intensively with compulsory contact hours of approximately 26 hours of face to face teaching. The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
- Classes offered during semester periods are expected to have three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours"
Requisite and Incompatibility
Prescribed Texts
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when finalised.
Preliminary Reading
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when finalised.
Assumed Knowledge
This course requires students to have completed an Australian or equivalent Undergraduate or Postgraduate Law Degree covering Property in a common law jurisdiction.
Students undertaking any ANU Law School graduate program may apply for this course if they have the required law background. You will need to contact the ANU Law School to request a permission code to enrol in this course.
Fees
Tuition fees are for the academic year indicated at the top of the page.
Commonwealth Support (CSP) Students
If you have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). More information about your student contribution amount for each course at Fees.
- Student Contribution Band:
- 34
- Unit value:
- 6 units
If you are a domestic graduate coursework student with a Domestic Tuition Fee (DTF) place or international student you will be required to pay course tuition fees (see below). Course tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.