This course is a compulsory course required for admission to legal practice. Understanding the law of property is essential for any practising lawyer. The course builds heavily on the law of contract (which you have already completed) and will lead on to other compulsory and elective courses. It is closely related to Equity and Trusts (a further compulsory course) which you will study after Property. In terms of elective courses, understanding the basic law of property is essential before you go on to study courses such as intellectual property, commercial law, succession law and Indigenous Australians and the Law. The course critically engages with the rights of Aboriginal and Torres Strait Islander Peoples and their connection to country, their dispossession, and introduces students to the basic aspects of Native Title.
The course provides an overview of the law governing personal and real property, emphasising the concepts of possession and title, the fragmentation of proprietary interests, and the various ways in which common law and legislation resolve disputes between competing interests. The greater part of the course is devoted to the nature, creation, acquisition, exercise, and remedies for the protection, of interests in real property (land). The course covers legal and equitable interests in land, the acquisition and transfer of such interests by purchase, gift and adverse possession, priority rules, leases, mortgages, easements, and concurrent ownership. Particular attention is paid to the Torrens system of title by registration.
This course meets the requirements of the Law Admissions Consultative Committee Prescribed Academic Areas of Knowledge for Property.
This course meets the following requirements of the Law Admissions Consultative Committee Prescribed Academic Areas of Knowledge for Equity:
- specific performance
- equitable assignments
- equitable titles and interests
- equitable remedies (equitable liens)
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Exercise intellectual independence and judgement in selecting and applying the principles of property law covered in the course to complex property law problems;
- Analyse and predict how unresolved and/or ambiguous questions of property law could be resolved by the courts through an analysis of case law, underlying policy and the judicial method;
- Analyse and critique the values and policy considerations underlying property transactions covered in the course, incorporating a diverse range of perspectives that include developing an understanding of Aboriginal and Torres Strait Islander Peoples’ knowledges and perspectives;
- Select and apply a range of legally specific research principles, methods and tools appropriate to evaluate and propose solutions to factually complex property law problems;
- Select and apply a range of approaches to written and oral communication, and apply the critical thinking required to bring about solutions to complex property law problems.
Other Information
Property assumes a sound grasp of contract principles and remedies. Equity and Trusts is a compulsory course which follows on from Property. Elective courses which deal further with personal property are Commercial Law and Intellectual Property. Succession, Environmental Law and Indigenous Australians and the Law build on principles established in Property.
Property is not a course in conveyancing, which is covered in Practical Legal Training courses.
Indicative Assessment
- The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the semester. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available in the Class Summary and on the course WATTLE page. (null) [LO null]
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Workload
- Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 36 hours of face to face teaching). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
- Classes offered during semester periods are expected to have three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course.
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Inherent Requirements
Not applicable
Requisite and Incompatibility
Prescribed Texts
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when known.
Fees
Tuition fees are for the academic year indicated at the top of the page.
Commonwealth Support (CSP) Students
If you have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). More information about your student contribution amount for each course at Fees.
- Student Contribution Band:
- 34
- Unit value:
- 6 units
If you are a domestic graduate coursework student with a Domestic Tuition Fee (DTF) place or international student you will be required to pay course tuition fees (see below). Course tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2023 | $4860 |
- International fee paying students
| Year | Fee |
|---|---|
| 2023 | $5820 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
First Semester
| Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
|---|---|---|---|---|---|---|
| 4137 | 20 Feb 2023 | 27 Feb 2023 | 31 Mar 2023 | 26 May 2023 | In Person | View |