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Unit Overview

Description

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 First Nation peoples' rights within the settler-colonial legal framework of the Native Title Act 1993 (Cth) and the relevant 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.

Credit
6 points
Offering
(see Timetable)
AvailabilityLocationMode
Semester 1UWA (Perth)Face to face
Outcomes

Students are able to (1) demonstrate understanding by applying principles of real and personal property law to solve hypothetical legal problems; (2) evaluate comparative contexts of property law, particularly native First Nations peoples' rights under native title laws.; (3) analyse developments in property law including issues concerning the concept of property, the subject matter of property rights, and First Nation peoples' rights in the context of settler-colonial Native Title laws; (4) critique alternative ethical responses to property issues and make appropriate and justified choices from the alternatives identified; and (5) create clear, concise and persuasive legal arguments using correct and plain English both orally and in writing.

Assessment

Indicative assessments in this unit are as follows: (1) class participation; (2) assignment; and (3) examination. Further information is available in the unit outline.



Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.

Unit Coordinator(s)
Natalie Brown
Unit rules
Prerequisites
For students enrolled in the Juris Doctor (JD) For students enrolled in the MLP
Successful completion of
LAWS4101 Foundations of Law and Lawyering
or LAWS4227 Foundations of Law and Legal Institutions For students from non-common law background
Co-requisites
LAWS4103Contract
Contact hours
4 hours per week
Note
For Masters of Legal Practice students, please note that to satisfy the Priestly Requirement of Property Law, you must also complete Land Law.
Recommended text

Moore, A., Grattan, S. and Griggs, L., Australian Real Property Law, 7th edn: Thomson Reuters 2020

  • The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
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  • Visit the Essential Textbooks website to see if any textbooks are required for this Unit. The website is updated regularly so content may change. Students are recommended to purchase Essential Textbooks, but a limited number of copies of all Essential Textbooks are held in the Library in print, and as an ebook where possible. Recommended readings for the unit can be accessed in Unit Readings directly through the Learning Management System (LMS).
  • Contact hours provide an indication of the type and extent of in-class activities this unit may contain. The total amount of student work (including contact hours, assessment time, and self-study) will approximate 150 hours per 6 credit points.