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The current and official versions of the course specifications are available on the web at .
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LAW2213 Property and Trusts A

Semester 1, 2022 Toowoomba On-campus
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Grading basis : Graded
Course fee schedule : /current-students/administration/fees/fee-schedules

Staffing

Examiner:

Requisites

Pre-requisite: LAW1123

Overview

This is a core course in the Bachelor of Laws program. [Together with LAW2223 Property and Trusts B] it is approved by the Legal Practitioners Admissions Board (Qld) and the Chief Justice of Queensland as meeting the property area of knowledge under the Supreme Court (Admission) Rules 2004 (Qld) and therefore deals with elements of property, specifically: meaning and purposes of the concept of property; possession, seisin and title; nature and type (i.e. fragmentation) of proprietary interests; creation and enforceability of proprietary interests; legal and equitable remedies; statutory schemes of registration; and acquisition and disposal of proprietary interests.

Possession and transfer of property of all types has been and continues to be a source of wealth and the primary activity of commercial and private endeavour. The legal rules that determine how these transactions take place are vital for ensuring stability. This course is designed to introduce students to the concepts of property and basic principles of property law. Students will gain an awareness of concepts of real and personal property and principles governing the possession, creation and transfer of interests in property, tenures and estates in co-ownership. The recognition of native title and subsequent case law and legislation will be examined, as will concepts of Crown land.

Course learning outcomes

On successful completion of this course, students should be able to:

  1. Demonstrate an understanding [explain and apply] of a coherent body of knowledge [relevant to property law], and underlying principles and concepts; the broader contexts within which legal issues arise [in this area]; (PO1/TLO1).
  2. Demonstrate an ability to recognise and reflect upon, and a developing ability to respond to, ethical issues likely to arise in professional contexts, and a developing ability to exercise professional judgment (PO2/TLO2).
  3. Identify and articulate legal issues [relevant to property law]; [comprehend legal and other materials]; apply legal reasoning and research to generate appropriate responses to legal issues; engage in critical analysis and make a reasoned choice amongst alternatives; and think creatively in approaching legal issues and generating appropriate responses (PO3/TLO3).
  4. Demonstrate the intellectual and practical skills needed to identify, research in an ethical manner, evaluate and synthesise factual, legal and policy issues [relevant to property law] (PO4/TLO4).
  5. Communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences (PO5/TLO5).
  6. Reflect on and articulate Aboriginal and Torres Strait Islander perspectives in [property law] in order to develop an understanding of Aboriginal and Torres Strait Islander cultures, values, histories and contributions to Australian society, and demonstrate an appreciation of Aboriginal and Torres Strait Islander legal issues [in property law] (PO8).

Topics

Description Weighting(%)
1. Meaning and purposes of the concept of property [Admission Rules 4(1)] 15.00
2. Possession, seisin and title [Admission Rules 4(2)] 15.00
3. Nature and type (i.e. fragmentation) of proprietary interests [Admission Rules 4(3)] 20.00
4. Creation and enforceability of proprietary interests [Admission Rules 4(4)] 10.00
5. Legal and equitable remedies [Admission Rules 4(5)] 20.00
6. Statutory schemes of registration [Admission Rules 4(6)] 10.00
7. Acquisition and disposal of proprietary interests [Admission Rules 4(7)] 10.00

Text and materials required to be purchased or accessed

Bradbrook, A, MacCallum, SV, Moore, AP, Grattan S & Griggs, L Latest edn, Australian real property law, Thomson Reuters, Rozelle, New South Wales.
(This book can be accessed via the USQ Library.)
Chambers, R Latest edn, An introduction to property law in Australia, Thomson Reuters, Pyrmont, New South Wales.
(This book can be accessed via the USQ Library.)
Edgeworth, BJ, Rossiter, CJ, Stone, MA & O'Connor, PA Latest edn, Sackville and Neave Australian property law, LexisNexis Butterworths, Chatswood, New South Wales.
(This book can be accessed via the USQ Library.)
Hepburn, S Latest edn, Australian property law: cases, materials and analysis, LexisNexis Butterworths, Chatswood NSW.
(This book can be accessed via the USQ Library.)
Wallace, A, Weir, M & McCrimmon, L Latest edn, Real property law in Queensland, Thomson Reuters (Professional), Pyrmont, New South Wales.
(This book can be accessed via the USQ Library.)
LexisNexis AU [electronic database]: Australian Property Law Journal - accessible via USQ Library Databases.

Student workload expectations

To do well in this subject, students are expected to commit approximately 10 hours per week including class contact hours, independent study, and all assessment tasks. If you are undertaking additional activities, which may include placements and residential schools, the weekly workload hours may vary.

Assessment details

Description Weighting (%) Course learning outcomes
ONLINE TEST 1 20 1,2,3,4,5
ASSIGNMENT 40 1,3,4,5,6
ONLINE TEST 2 40 1,2,3,4,5,6
Date printed 10 February 2023