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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Subjects may require attendance
- 15 Jul 2019
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.
- The Concept of Property
- Introduction to Title to Land and to Possessory Title
- Fragmentation of Property Interests
- The Creation and Disposition of Property Interests
- Equitable Interests Arising by Operation of Law
- Boundaries, Adverse Possession and the Doctrine of Fixtures
- Priority Disputes between Proprietary Interests
- The Torrens System and the Principle of Indefeasibility and Exceptions to Indefeasibility
- Torrens System Priority Disputes and the Caveat System
- Audio-Video streaming
You are recommended to have completed the following subjects(s) or have equivalent knowledge before starting this subject:
- RMI-OJD110-Introduction to the Australian Legal System and Legal Methods
- RMI-OJD105-Fundamentals of Contract Law
No special 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 degree is the law relating to real property and the predominant system of land ownership in Australia - the Torrens system. Within this framework, the unit 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%)
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