Australian Property Law
Examines what ‘property’ is and what rights property ‘ownership’ creates. Interrogate the concepts of possession and title, proprietary interests, legal and equitable interests, servitudes and security interests, co-ownership rules and remedies.
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Upon successful completion of this subject you will be able to:
- demonstrate an advanced and integrated understanding of Australian Property Law
- critically evaluate the law relating to Australian Property Law
- analyse and research complex problems relating to Australian Property Law and make reasoned and appropriate choices amongst alternatives
- demonstrate sophisticated cognitive and creative skills in approaching legal issues relating to Australian Property Law and generate appropriate responses.
- Please refer to RMIT University’s Learning Management System - Canvas, for further details
You must either have successfully completed the following subject(s) before starting this subject, or currently be enrolled in the following subject(s) in a prior study period; or enrol in the following subject(s) to study prior to this subject:
Please note that your enrolment in this subject is conditional on successful completion of these prerequisite subject(s). If you study the prerequisite subject(s) in the study period immediately prior to studying this subject, your result for the prerequisite subject(s) will not be finalised prior to the close of enrolment. In this situation, should you not complete your prerequisite subject(s) successfully you should not continue with your enrolment in this subject. If you are currently enrolled in the prerequisite subject(s) and believe you may not complete these all successfully, it is your responsibility to reschedule your study of this subject to give you time to re-attempt the prerequisite subject(s)
No additional requirements
This subject will introduce you to principles of real and personal property. It examines what ‘property’ is and what rights property ‘ownership’ creates. A special focus of the subject is the law relating to real property and the predominant system of land ownership in Australia - the Torrens system. Within this framework, the subject aims to familiarise you with broad concepts and some specific rules relating to the meaning and purposes of the concept of property. This covers concepts such as possession and title, the nature and type of proprietary interests; the creation of proprietary interests; legal and equitable interests; servitudes and security interests; co-ownership’ priority rules and remedies.
In addition this subject enables you to gain an understanding of the relationship between the rules of property law and other rules used to resolve conflicts between legal persons (for example, some aspects of the rules of contract law and of torts).
- Discussion Board & Assignment (25%)
- Memorandum of Advice (25%)
- Open Book Invigilated Exam (50%)