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Hobart

Note:

Compulsory core unit for students in new Law degrees, who commenced in 2013 or later, with course codes: 63I, 63J, 63K, 63L, 63M, 63N 63O and 63P. Also degrees commencing 2014 63Q and 63R.

From 2014 students in courses 63A, 63C, 63D, 63E, 63F, 63G, 63H, and all L3-coded degrees who have not passed LAW323 AND LAW324 must substitute LAW354 AND an additional Law elective.

Introduction

Today, the richest 1% of adults will own more than 50% of global wealth. Indeed the 85 richest individuals will have more wealth than the poorest 50% of the world's population. But does property law facilitate this and encourage this inequality, or is it merely the instrument by which this division in wealth can be measured. One thing is undeniable though, the connection between the concept of property and law. For many legal systems around the world, the notion of private property is the foundation on which the legal systems operates. Given this importance, this unit takes three themes and considers how the history of property law, its current operation, and future direction will influence our doctrinal and theoretical understanding of property law, and its place within the law of obligations. These three themes ask how is property created, how is it acquired and how is it transferred. Consistent with these themes, knowledge of the nature and type of various proprietary interests in chattels and land, and their creation and relative enforceability at law and in equity is discussed. There will be a detailed focus on the Torrens system of land registration as well as briefer consideration of general law land, crown land, and native title. The specific areas of co-ownership, mortgages, leases, licences, easements, restrictive covenants, and strata title will also be analysed. Practical skills emphasised in this unit include statutory interpretation, written and oral communication, legal research, and independent learning. This unit contains the necessary content for Property Law as prescribed by the Law Admissions Consultative Committee, Uniform Admission Rules, Schedule 1 Prescribed Areas of Knowledge ('Priestley 11'), with the exception of legal and equitable remedies (considered in LAW454 Remedies), and includes the content for Personal Property Securities (listed under Corporations Law in the Priestley 11) as well as equitable rights, titles and interests (listed under Equity in the Priestley 11). It also advances students' achievement of the Threshold Learning Outcomes for Law (TLO's), in particular, TLO1 (Knowledge), TLO3 (Thinking Skills), and TLO6 (Self-Management).

Summary 2020

Unit name Property Law
Unit code LAW354
Credit points 12.5
Faculty/School College of Arts, Law and Education
Faculty of Law
Discipline Law
Coordinator

Elise Histed

Teaching staff

Benjamin Richardson and Elise Murray

Level Advanced
Available as student elective? No
Breadth Unit? No

Availability

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* The Final WW Date is the final date from which you can withdraw from the unit without academic penalty, however you will still incur a financial liability (see withdrawal dates explained for more information).

About Census Dates

Learning Outcomes

Fees

Requisites

Prerequisites

LAW204 OR LAW254 AND LAW256 AND LAW252 AND LAW253 AND LAW255 AND LAW251 AND LAW250 OR LAW225 AND LAW226 AND LAW222 AND LAW205 AND LAW223 AND LAW221 AND LAW224 OR LAW224 AND LAW222 AND LAW253 AND LAW351 AND LAW352 AND LAW221 AND LAW223.

Mutual Exclusions

You cannot enrol in this unit as well as the following:

LAW323 and LAW324

Teaching

Teaching Pattern

3 x 50 minute lectures per week. Tutorial Schedule to be announced.

Assessment

Combination of exam based assessment and internal assessment.

TimetableView the lecture timetable | View the full unit timetable

Textbooks

RequiredNone

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