- 6 points
Availability Location Mode Semester 1 UWA (Perth) Face to face
- This unit introduces the concept of property by considering questions regarding 'what is property?' and 'what things are capable of being the object of property rights?' It explains the importance of possession in property law and considers this in the context of real and personal property. It identifies and explains fundamental principles of land law including the physical dimensions of real property; the doctrine of tenure and estates; and aboriginal rights to land at common law. Students also explore the different ways in which proprietary interests in real and personal property may be created and transferred including by consent; without consent and by the operation of general equitable principles. The unit concludes with an examination of the priority rules to resolve disputes between competing interests in land and the law of co-ownership. The unit fosters a critical and analytical approach to examining property law principles. Where appropriate, it explores the social, political, economic and historical context of, and the ethical issues that arise in, property law. Students advance the core legal skills of problem solving; statutory interpretation; effective oral communication skills; and clear, concise and persuasive written legal arguments.
- Students are able to (1) demonstrate an understanding of (a) the concept of real and personal property; (b) the subject matter of real property rights; (c) the creation of possessory interests in real and personal property; (d) common law Native Title and aspects of the Native Title Act; (e) the Doctrines of Tenure and Estates; (f) the acquisition and transfer of legal and equitable interests in real and personal property and the priority rules to resolve disputes between competing interest in land; and (g) co-ownership; (2) demonstrate a developing understanding of international and comparative contexts of property law, particularly native title law; (3) demonstrate an appreciation of the role of property law within an historical, social, economic and political context, and contemporary developments in relevant areas of property law, including issues concerning the concept of property, the subject matter of property rights and native title; (4) recognise and critique alternative ethical responses to legal issues and make appropriate, justified choices from the alternatives identified; (5) (a) analyse a hypothetical fact scenario and identify and articulate the relevant facts and legal issues raised; (b) identify, interpret and apply fundamental and relevant legal principles and reasoning in resolving property law issues; and (c) generate and evaluate alternative theoretical, legal, ethical and practical responses to legal issues and make appropriate, justified and reasoned choices from the alternatives; (6) (a) write clear, concise and persuasive legal arguments in answering hypothetical problem or essay questions; and (b) communicate effectively and meaningfully in tutorials and small groups; and (7) reflect on their personal performance in the property assignment in the light of general feedback in order to assess their capabilities and enhance their professional development.
- Indicative assessments in this unit are as follows: (1) class participation; (2) assignment and self reflection; and (3) examination. Further information is available in the unit outline.
Supplementary assessment is not available in this unit.
- Unit Coordinator(s)
- Penny Carruthers
- Unit rules
- LAWS4101 Foundations of Law and Lawyering
- Contact hours
- 4 hours per week
- Recommended text
Moore, A., Grattan, S. and Griggs, L., Australian Real Property Law, 6th edn: Thomson Reuters 2015
- The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
- All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
- Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary reading', 'Recommended reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. Where texts are listed in the unit description above, an asterisk (*) indicates that the book is available in paperback.