Note: This is an archived Handbook entry from 2009. Search for this in the current handbook
|Dates & Locations:|| |
This subject has the following teaching availabilities in 2009:Semester 1, - Taught on campus.
A combination of large lectures and seminars
Timetable can be viewed here. For information about these dates, click here.
|Time Commitment:||Contact Hours: Four contact hours per week |
Total Time Commitment: 144 hours.
|Prerequisites:||Legal Method and Reasoning; Principles of Public Law; Torts; Obligations; Contracts or in each case their equivalents.|
|Recommended Background Knowledge:||None|
|Non Allowed Subjects:||None|
|Core Participation Requirements:||
For the purposes of considering request for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Student Support and Engagement Policy, academic requirements for this subject are articulated in the Subject Overview, Learning Outcomes, Assessment and Generic Skills sections of this entry.
It is University policy to take all reasonable steps to minimise the impact of disability upon academic study, and reasonable adjustments will be made to enhance a student's participation in the University's programs. Students who feel their disability may impact on meeting the requirements of this subject are encouraged to discuss this matter with a Faculty Student Adviser and Student Equity and Disability Support: http://services.unimelb.edu.au/disability
CoordinatorProf Michael William Bryan
|Subject Overview:||This subject introduces students to the conceptual framework for understanding the principles of real and personal property and examines the role of law in defining and regulating proprietary relationships. The major substantive focus is on Australian land law. Topics include: the concept of property including possession, ownership and indigenous land interests; the boundaries of property including fixtures and licences to use property; the history of Australian land law; Crown title; Crown powers to deal with land; tenure; estates; security interests; joint and common ownership; profits a prendre; easements; restrictive covenants; the nature, creation, acquisition, disposal, enforceability and registration of property interests in land (including equitable interests), especially under the Torrens land registration system; formalities; equitable and legal priorities under the Torrens Land Registration system.|
On completion of this subject students should have an understanding of the conceptual aspects of property and the role of law in defining and regulating proprietary rights and relationships. More specifically, students should be able to:
- the concept of property and its variable interpretation in different social economic and cultural contexts
- the various forms of proprietary interests including real property, personal property, intellectual property and emerging areas of property regulation
- the historical development of Australia’s land law system, the historical and contemporary role of the Crown and the rights of indigenous Australians within Australia’s land law system
- the essential characteristics of a proprietary interest
- the possible sources of proprietary rights
- different judicial approaches to proprietary rights
- the policy issues underlying the recognition of particular interests as proprietary or non proprietary
Hurdle Requirement: A written assignment 1500 words to be marked on a pass/fail basis.
Research essay: 2500 word limit worth 50%. Set in week 2 and due in week 8. AND final examination: open book; 2 hours writing time, plus 30 minutes reading time; worth 50%.
Printed Materials will be issued by Melbourne Law School
Transfer of Land Act 1958 (Vic)
Casebook to be advised.
|Breadth Options:|| |
This subject is not available as a breadth subject.
|Fees Information:||Subject EFTSL, Level, Discipline & Census Date|
On completion of the subject, students should have developed the following generic skills:
In addition, on completion of the subject, students should have developed the following skills specific to the discipline of law:
- reconcile judgments
- evaluate the development of legal principles
- apply legal principles arising from case law to new situations
- identify legal issues arising in complex fact situations;
- identify and apply relevant legal, equitable and statutory principles; and
- provide advice as to the rights and obligations of the parties.
- find secondary sources
- use case law, statutes and secondary sources as part of legal analysis
- identify and summarise legal principles
- evaluate the significance and implications of judgments and issues to which they relate in a case note exercise
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