LAW216 Property Law (8)

This subject provides an overview of Australian property law, including the important features of the Australian common law and statutory provisions relating to real and personal property. Topics include what constitutes 'property' and the purposes and categories of property; real property (including the doctrine of tenure, estates and fixtures); possession, seisin, and title; torrens title, native title and the concept of indefeasibility; and mortgages.

Availability

* Offering has a residential school. Please view following information for further details.

Session 1 (30)
Online *
Bathurst Campus
Session 3 (90)
Online
Bathurst Campus

Continuing students should consult the SAL for current offering details: LAW216. Where differences exist between the Handbook and the SAL, the SAL should be taken as containing the correct subject offering details.

Subject Information

Grading System

HD/FL

Duration

One session

School

Centre for Law and Justice

Enrolment Restrictions

Bachelor of Laws and the Bachelor of Laws/Criminal Justice students only.

Prerequisites

LAW112 and LAW116

Learning Outcomes

Upon successful completion of this subject, students should:
  • be able to articulate the nature of the interest being dealt, having regard to the applicable title system;
  • be able to navigate the interaction of common law, equity and statute when applying real property law to practical situations where interests are in dispute;
  • be able to present knowledge, ideas and opinions effectively and communicate within and across professional and cultural boundaries;
  • be able to evaluate and synthesise relevant factual, legal and policy issues, drawing on a range of relevant sources;
  • be able to recognise and reflect upon ethical issues likely to arise in matters involving property law;
  • be able to evaluate and advise upon relevant remedies in statute, common law and equity;
  • be able to identify and analyse critically the implications of property law principles in Australia;
  • be able to interpret complex statutory provisions in the Real Property Act 1900 (NSW) and other related legislation; and
  • be able to evaluate and synthesise the political and legal context of native title as a form of title.

Syllabus

This subject will cover the following topics:
  • Introduction to property law (purpose, categories, possession, seisin, and title)
  • Personal property
  • Interests in personal property
  • Bailment
  • Real property (tenures, estates and native title)
  • Creation and enforceability of proprietary interests
  • Legal and equitable remedies
  • The old system of land ownership and priorities
  • Statutory schemes of registration, including priorities
  • Priorities between competing interests under Torrens title
  • Acquisition and disposal of proprietary interests
  • Co-ownership (joint tenancies and tenancies in common)
  • Proprietary interests in land owned by another
  • Mortgages
  • Strata and community titles
  • Leases, easements, licences and covenants in relation to real property

Indicative Assessment

The following table summarises the assessment tasks for the online offering of LAW216 in Session 3 2019. Please note this is a guide only. Assessment tasks are regularly updated and can also differ to suit the mode of study (online or on campus).

Item Number
Title
Value %
1
Online quiz
20
2
Legal memorandum
40
3
Final exam
40

Residential School

This subject contains a 2 day Optional Residential School.

The 2-day residential school for this subject is optional. It will cover the seminar topics relevant to the subject with particular emphasis on relevant case law, precedents and legislation.

The information contained in the CSU Handbook was accurate at the date of publication: July 2020. The University reserves the right to vary the information at any time without notice.

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