Property Law I Unit Plan PDF

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Summary

Unit Plan including lecture topics and assignment instructions for Semester 1 2020...

Description

LAW2102 PROPERTY LAW 1 Semester 1, 2020 ONLINE

LAW2102 PROPERTY LAW 1 Discipline: LAW Prepared by: Unit Coordinator Cecilia Das, Version [4.0]

Key unit contacts UNIT COORDINATOR Name

Room

Email

Tel

Consultation Time

Cecilia Das

JO2.307A

[email protected]

+61 8 6304 2117

TBA

LECTURER/S Name

Room

Chris Hambly

Email

Tel

Consultation Time

TBA

TBA

TUTOR/S Name

Room

Chris Hambly

Email

Tel

Consultation Time

TBA

TBA

ACADEMIC COORDINATOR/PROGRAM DIRECTOR Name

Room

Email

Tel

Cecilia Anthony Das

JO2.307A

[email protected]

+61 8 6304 2117

OTHER STAFF CONTACTS Name

Role

Kate Hewit

Librarian

Tina Fleming

Learning Advisor

Room

JO2.130

Tel

Email

63042437

[email protected]

63045286

[email protected]

Classes for on campus delivery LECTURE/SEMINAR Day

Time

Room

Tuesday

8.30-10.30

JO 05.235

Day

Time

Room

Tuesday

10.30 – 11.30

JO.05.235

TUTORIAL/LABORATORY

Unit Code | Page 2

Acknowledgement of Country The School of Business and Law acknowledges the Noongar people who are the traditional custodians of the lands and waters on which our metropolitan campuses now stand. We acknowledge the Gadigal of the Eora Nation as the traditional custodians of the lands and waters on which ECU Sydney campus now stands. We acknowledge the Kulin Nation who are the traditional custodians of the lands and waters on which ECU Melbourne stands. We offer our respects to Elders past and present.

Introduction to the Unit Welcome to the law unit Law 2102, Property Law I at Edith Cowan University, Joondalup campus. I have prepared this Unit Plan to provide you with a clear statement of the essential details of Property Law I and how I will teach and assess you, and your expected learning outcomes.

Property Law I involves a detailed examination of the law of property in Australia. I will commence with an examination of the nature of real and personal property, before then focussing on real property. This unit will consider the nature and extent as well as the differences in property tenure, the disposition of proprietary interests, and the statutory systems which regulate proprietary interests in property in Western Australia. The nature of property ownership will be critically evaluated throughout this unit.

Students will be able to succeed in this unit through adequate preparation and active participation during tutorials. Students are also strongly encouraged to read the lecture materials and engage with the tutor for a better learning experience.

Unit Learning Outcomes At the end of this unit you will be able to: 1. Apply Torrens title principle to practical tasks using digital materials. 2. Analyse the current law to demonstrate an understanding of the relevant principles of property law. 3. Examine the old system of land registration, the Torrens system of land registration within Australia, and various statutes. 4. Understand the role of the Property Law Act 1969 and the Transfer of Land Act 1893 and its impact on property dealings within Western Australia, in particular the doctrine of indefeasibility of title. 5. Demonstrate a knowledge of the rights, obligations and liabilities which arise from proprietary interests in land and in native title. 6. Demonstrate an understanding of the concept of property. 7. Apply knowledge of the laws responsiveness to cultural issues, through a study of the rights, objectives and liabilities of native title.

Course Learning Outcomes Your learning in this unit will contribute to the development (or demonstrate your attainment) of the following Course Learning Outcomes: 1. Reflect on feedback and critique on own performance to support personal and professional development. 2. Communicate legal knowledge, concepts and advice using relevant technologies clearly and persuasively. Unit Code | Page 3

3. Apply broad and coherent range of legal knowledge for the legal profession incorporating international/global/cultural/Aboriginal and Torres Strait Islander perspectives. 4. Collaborate in team settings to produce measurable outcomes. 5. Think creatively to anticipate challenges and generate solutions in legal based situations. 6. Adopt professional and ethical behaviour and/or personal citizenship that reflect the interrelationship between ethics, code of conduct, justice and community service. 7. Exercise critical thinking, judgement and intellectual independence to evaluate, consolidate and synthesise legal knowledge.

ECU School of Business and Law is an Advanced PRME signatory and is committed to transforming business and management education and advancing the Sustainable Development Goals (SDGs).

Communication Skills Communication skills are not only crucial for success at University, employers also want graduates who are competent and confident communicators, with strong English language proficiency. For assistance with improving your English language skills, you can attend one of the Academic Skills workshops or email [email protected]. Please visit Blackboard > Communities > Academic Skills Centre for workshop registration and other information about developing your language and study skills.

The Learning Experience

This unit is delivered through 2 hours of lecture and 1 hour tutorial. Students are expected to prepare before hand for the classes and participate actively in the discussions during tutorial. At all times, students are reminded of the ECU code of conduct that each student should adhere. Unit Code | Page 4

Active learning Studying a university-level course requires you to take an active role in what you are learning. To get the most out of your time at ECU, you should engage with and actively participate in your units, and take responsibility for your own learning.

On-campus students If you are enrolled as an on-campus student you will need to attend a weekly lecture and a tutorial class. It is important that you attend class every week, arrive punctually and participate constructively and professionally. You will find it beneficial to complete the associated reading prior to attending class, to give you some understanding of the topic and improve your confidence with sharing your ideas during class. Learning materials and resources will be available on the Blackboard site for this unit, to assist you with your studies.

ECU DISCUSSION BOARD ETIQUETTE Please ensure your online communications follow these guidelines: • • • • • • • • •

Be polite; Use correct spelling and grammar; Do not write using capital letters (this can be interpreted as SHOUTING!); Avoid exotic fonts or colours; Be concise; Be respectful of different perspectives; Avoid responding when you are feeling angry; Do not disclose personal contact details; and Take the plunge and get involved in the discussions.

Texts and Resources The Co-Op Bookshop is now Booktopia. All on-campus bookshops at ECU’s Joondalup and Mount Lawley campuses will continue to operate during the following trading hours. • •

Joondalup (Mon to Thurs 8.30am to 4:00pm, Fri 8.30am to 3.00pm) Mount Lawley (Mon to Thurs 8.30am to 3.00pm, Fri 9.00am to 3.00pm)

The on-campus bookshops will continue to stock a limited range of textbooks during Semester one, 2020. The best option for students to purchase their textbooks is online via the Booktopia website, or via a wide range of alternative suppliers. ECU encourages all students to be organised and order any required textbooks ahead of the start of semester.

Textbook 

Bradbrook, AJ, MacCallum, SV and Moore, AP, Australian Real Property Law, 6th edition, Thomson Reuters, 2016.



Edgeworth, B, Rossiter, CJ & Stone, MA, Sackville & Neave, Australian Property Law, 10th edition, LexisNexis, 2016.

To learn more about borrowing online books please https://ecu.au.libguides.com/prf.php?account_id=202715).

contact

the

librarian

(accessed

at:

Unit Code | Page 5

Legislations 

Property Law Act 1969 (WA)- access online at www.slp.wa.gov.au



Registration of Deeds Act 1856 (WA)- access online at www.slp.wa.gov.au



Transfer of Land Act 1893 (WA)- access online at www.slp.wa.gov.au

Important website https://www.slp.wa.gov.au/Index.html https://www.legislation.wa.gov.au/ http://www.austlii.edu.au/

Study Schedule This schedule provides a guideline on the topics covered and activities required each week, including assessment dates during the semester. Wk

Date

Topic/s

1

25 Feb

The nature of property

2

3 Mar

The nature of land

3

10 Mar

Possession, seisin, and title

4

17 Mar

Possession, seisin, and title

5

24 Mar

The fragmentation of proprietary interests in land, tenure, estates and native title.

6

31 Mar

The fragmentation of proprietary interests in land, tenure, estates and native title.

7

7 Apr

Acquisition, transfer and priority of proprietary interests.

Tutorial Exercises

Assessment

31 Mar 2020 [Assignment Available]

Mid Semester Break 8

21 Apr

Acquisition, transfer and priority of proprietary interests.

9

28 Apr

Acquisition, transfer and priority of proprietary interests.

10

5 May

Statutory regulation of interests in land: the Torrens system and the deeds registration system

11

12 May

Statutory regulation of interests in land: the Torrens system and the deeds registration system

12

19 May

Statutory regulation of interests in land: the Torrens system and the deeds registration system

13

25 May

Statutory regulation of interests in land: the Torrens system and

Assignment Due Date 30 2020, 11.59p.m. Apr [WST]

Assignment Due Date 15 2020, 11.59p.m. May [WST]

Unit Code | Page 6

Wk

Date

Topic/s

Tutorial Exercises

Assessment

the deeds registration system /Revision

Assessment Information In order to pass this unit, you must achieve an overall mark of 50% or more from the assessment tasks sumarised below.

Assessment summary No.

Assessment

Due Date and Time

Value

Mandatory to Pass

1

Tutorial Participation

Tutorial Class

10%

No

2

Assignment

30 Apr 2020

20%

No

11.59p.m. [WST]

3

Landgate Exercise

15 May 2020 11.59p.m. [WST]

15%

No

4

Final Examination

TBC

55%

No

Assessment Task 1: Tutorial Participation Students will have to come prepared for the tutorial. All students must come prepared with the tutorial questions and must have a complete written answer for Q1 of each weeks tutorial. Your tutor will pick randomly 5 students at each time (during the collaborate session) to handover their written work which will be assessed for their participation marks. This will be how each student will be able to secure the marks for their tutorial presentation. Each student will have 2 written submission to earn the marks for participation. Each submission will be marked against 5 marks. PLEASE NOTE THAT THIS IS AN ASSESSMENT COMPONENT AND RULES TO ASSESSMENT WILL APPLY. So if you know earlier that you will not be able to come for the tutorial please notify your tutor prior. If a student is picked to submit and fails to do so, that student will be awarded a ‘0’ mark and not appeal will be entertained. Value:

10%

Format:

Preparation of Q1 of tutorial question for each week. Submitting the written answer for the identified question.

Due date & time:

Every tutorial class starting from Week 2 – Week 11

How to submit:

Submission through an assessment folder on Blackbord

Unit learning outcomes:

1. Apply Torrens title principle to practical tasks using digital materials. 2. Analyse the current law to demonstrate an understanding of the relevant principles of property law. 3. Examine the old system of land registration, the Torrens system of land registration within Australia, and various statutes. 4. Understand the role of the Property Law Act 1969 and the Transfer of Land Act 1893 and its impact on property dealings within Western Australia, in particular the doctrine of indefeasibility of title. 5. Demonstrate a knowledge of the rights, obligations and liabilities which arise from proprietary interests in land and in native title. 6. Demonstrate an understanding of the concept of property. 7. Apply knowledge of the laws responsiveness to cultural issues, through a study of the rights, objectives and liabilities of native title.

Unit Code | Page 7

PREPARATION You should always revise the materials before attending the tutorial. Be prepared and participate actively.

ASSIGNMENT INSTRUCTIONS To prepare Q1 of each week’s tutorial question.

Assessment Task 2: Assignment This is major assignment task will be due in Week 9. The question will be available on the Blackboard assessment folder in Week 6. The area that will be assessed will be materials that was covered in Weeks 1 – 6 ONLY. Value:

20%

Format:

The assignment must be submitted in word format. Font to be used will be Arial 12 with 1.5 spacing. The maximum word count inclusive of references will be 2,000 words, a +- 10% excess will be permissible excess. Any assignment beyond the stated word count (+-10%) will not be marked.

Due date & time:

30 Apr 2020,11.59p.m.[WST] Any late submissions will be attract a penalty of 5% per day until submission. After 5 days, the assignment will not be marked and a ‘0’ mark will be awarded. If you have any reasons prior to deadline, that may require you to obtain an extension, please follow ECU policies on extensions and deferment.

How to submit:

Blackboard Submission

Unit learning outcomes:

Analyse the current law to demonstrate an understanding of the relevant principles of property law.

PREPARATION Before starting you must familiarize yourself with the materials from Weeks 1-6. Please ask your tutor for clarification if you are unsure of any concepts. Also ensure you attempt your tutorial questions and attend tutorials to maximise on your preparation.

ASSIGNMENT INSTRUCTIONS All instructions will be made available on the assessment folder on Blackboard on 11 April 2020.

RESOURCES Familiarise yourself with the text, notes and powerpoints in those areas which are being assessed

FEEDBACK Feedback will be available via Blackboard

MARKING CRITERIA The following qualitative descriptions seek to explain the marking criteria for written works submitted in this unit. The descriptions need to be considered in light of the type of assessment being undertaken and year of the student. Grade Related Descriptors (written) Grades

Depth and Breadth of Coverage

Critical Elements

Structure, Language and Conventions

High Distinction 80%100%

All aspects questions addressed

The written work shows great depth of thought, excellent development

All aspects of the written work conform to a high academic / professional standard.

of

the were and

Unit Code | Page 8

researched depth.

Distinction 70%-79%

Credit Pass 60%-69%

Pass 50%-59%

in

great

of argument, logical analysis and insight into the subject.

Most aspects of the question/topic were addressed and researched in great depth. Most aspects of the question/topic were addressed and researched adequately.

The written work shows some evidence of analysis supported by logical argument and insight into the subject. The written work shows evidence of elementary analysis and the develop ment of argument.

Most aspects of the written work conform to a high academic / professional standard.

Basic aspects of the question/topic were addressed and researched adequately.

The written work is mainly descriptive, showing basic understanding of the topic.

The written work displays basic structure.

Most aspects of the written work conform to an acceptable academic / professional standard.

Fail...