Course coordinator
Dr Darryn Jensen
Course overview
- Study period
- Semester 1, 2025 (24/02/2025 - 21/06/2025)
- Study level
- Undergraduate
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
This course introduces students to the basic conceptual building blocks of the modern law of property in Australia (and, where necessary, in Queensland in particular). It explores the conceptual core of "property" in general, before systematically examining foundational concepts, rules, principles and operations (legal, equitable and statutory) relating to the two primary forms of property: personal property and real property.
Foundations of Property Law (LAWS2706) and Interests in Property (LAWS2707) form part of the group of private law courses in the Bachelor of Laws curriculum. The property courses have numerous points of contact with the contract and torts courses, as well as courses such as Equity and Trusts, Succession and Securities. What distinguishes property from other parts of private law is its focus on people's rights to use things that are external to themselves and to prevent others from using them. In particular, property rights are different from contractual rights in that the former are widely enforceable (potentially against all other people) and the latter are, as a general rule, enforceable only between the parties to the contract.
The emphasis in Foundations of Property will be on FOUNDATIONAL rules and principles — the conceptual "building blocks" — of the law of property, across both real property (i.e. land) and personal property (i.e. things other than land). Much of the current legislation in the field builds on these common-law foundations. Foundations of Property Law focuses on the meaning and purposes of the concept of "property" in our society, and it considers, first, the foundations of "personal property" before moving to consider the foundations of "real property" (i.e., "land law"). It will be observed that some key themes and concepts run consistently through both personal property and real property — hence their "foundational" nature. In particular, it should be noted that this is not a course in real estate conveyancing, although the process of selling and transferring land will necessarily be discussed in the course of discussing the general concepts of property law.
The Interests in Property course (LAWS2707) assumes foundational knowledge acquired in the current course and proceeds to consider particular "interests" in property, whether personal or real. As such, the "Interests"ﾠcourse is less "thematic"ﾠthan is the intention with the "Foundations" course, but it is no less important. Considered in Interests in Property are such topics at leasehold interests in land, security interests over land and personalty, easements, covenants affecting land, concurrent interestsﾠin land (i.e., "co-ownership") and native title.
The Maria De Donatis Memorial Prize in Corporate Law:ﾠ The female student with the highest overall marks in their first attempt at LAWS2706, LAWS2707 and LAWS3702 will be recommended for this prize.
The Walter Harrison Prizes:ﾠ The student with the highest marks for the first attempt at Foundations of Property Law and Interests in Property will be recommended for this prize.
Course requirements
Prerequisites
You'll need to complete the following courses before enrolling in this one:
LAWS1700 and 1702
Incompatible
You can't enrol in this course if you've already completed the following:
LAWS3009; LAWS3112
Restrictions
LLB(Hons) and LLB(Hons) duals
Course contact
Course staff
Lecturer
Dr Darryn Jensen
Tutor
Ms Anne Vi Tran
Dr Kim Weinert
Timetable
The timetable for this course is available on the UQ Public Timetable.
Additional timetable information
Student Consultation: In this course, face-to-face consultation is prioritised over telephone or email consultation. Accordingly, weekly face-to-face consultation will be provided. Consultation times are posted on the course's Learn.UQ website. Any changes to these times and locations will be posted to the course's Learn.UQ website.
Student Enquiries: Before contacting the Course Coordinator, students should in the first instance direct any enquiries about course content to the staff member who delivered the content.
Student Email: While the use of email is acceptable for brief communications with staff members on factual matters, students cannot expect detailed email responses from academic staff to questions on course content or issues of law. These matters should be raised in seminars, or in staff consultation times during the semester, and in the revision period prior to the examination. Emails will generally be answered during consultation hours.
The primary electronic means of communication from staff to students will be through the "Announcements" page on the course's Learn.UQ website. So please check it regularly.
Aims and outcomes
Teaching Mission Statement
The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.
Course Aims
The aim of this course is to provide:
- An understanding of the fundamental principles relating to property law, including a knowledge of relevant statute and case law;
- Skills in recognition of the legal issues relating to property, the analysis of such issues, and the application of legal principles; and
- Anﾠappreciation of the context in which property law operates, including theoretical perspectives and critiques.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Demonstrate a knowledge of, and an ability to identify and recall the fundamental principles and rules of, property law;
LO2.
Identify and apply property-law principles in analysing particular factual situations;
LO3.
Analyse and interpret relevant case law and statutes relating to property law;
LO4.
Demonstrate skills in legal research (including an ability to identify and locate relevant literature) and demonstrate skills in written communication (including organising and structuring ideas); and
LO5.
Reflect upon the social implications of rules of property and critically evaluate common justifications for property rights.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Tutorial/ Problem Set |
Tutorial Preparation
|
10% |
3/03/2025 - 26/05/2025 |
| Examination |
In-Semester Examination
|
30% |
8/04/2025 6:00 pm |
| Examination |
End-of-semester Examination
|
60% |
End of Semester Exam Period 7/06/2025 - 21/06/2025 |
Assessment details
Tutorial Preparation
- In-person
- Mode
- Written
- Category
- Tutorial/ Problem Set
- Weight
- 10%
- Due date
3/03/2025 - 26/05/2025
- Learning outcomes
- L01, L02, L03, L04, L05
Task description
Submission of handwritten notes (1-2 A4 pages) on the tutorial questions for each of the 10 tutorials.
Seminar Preparation ‘assessment’ will be in accordance with the following criteria:
- A student will be awarded 1.5 marks per tutorial (maximum 10 marks for the semester) by attending the tutorial for its entire duration and, at the beginning of the tutorial, submitting to the tutor, handwritten notes on the questions scheduled to be discussed in the tutorial for that week.
- The assessment is pass/fail. A pass will mean that 1.5 marks will be allocated per Seminar, to a maximum of 10 marks. The criterion for passing is whether, in the opinion of your tutor, you have made a reasonable and serious attempt to answer the Seminar Exercise. In so doing, students must attempt to: (1) identify the issues raided by the question(s); (2) identify the rules and/or principles relevant to answering the issues; (3) identify and relate to the issues the relevant facts and/or factual assumptions; and (4) raise and address and matters of relevant legal policy were necessary or desirable.
- While collaboration, i.e. oral discussion of the questions, is acceptable, it is expected that any notes submitted for marking will reflect independent thought and judgement. Copying notes from other students is not acceptable and may be treated as academic misconduct. If there is genuine collaboration resulting in similar notes, you are advised to indicate the name(s) of your collaborator(s).
- Note that the feedback for this piece of assessment will be the tutorial itself, ie. the one to which the preparation relates. The answers will not be returned with comments, and so students should take the opportunity to raise any questions during the Seminar.
- At the end of the semester, a mark out of 10 will be given to each student if, in the overall judgement of the course coordinator, the criteria set out in the course profile have been satisfied.
- Answers cannot be submitted after class, or by email, or by another student on your behalf. Students must attend the tutrorial with their answers and stay for the duration of the tutorial to receive any marks. A student will not obtain a mark for tutorial preparation if she or he does not attend the tutorial group in which she or he is enrolled.
- The maximum mark can be achieved by submitting seven times in the course of the semester. Students can be absent or not prepare three times and still gain the full marks for Seminar preparation. This is designed to accommodate emergencies and other reasons for non-preparation. If a student is unable to attend their enrolled tutorial (after three absences), for example due to illness or a medical condition, then that student may apply for an extension in accordance with the usual assessment extension process. (Should you miss more than three seminars and wish to apply for an extension, visit: https://my.uq.edu.au/information-and-services/manage-my-program/exams-and-assessment/applying-assessment-extension). Students should submit an application for an extension for tutorial preparation only after they have failed to prepare for a third time. If an extension is granted, then that student may submit the notes to the tutor for the tutorial in which he or she is enrolled, together with a copy of the extension approval.
- Students should not email the Course Coordinator regarding special requests for non-preparation except in the exceptional case where the student is unable to attend tutorials over the entire semester.
After enrolments close, students will not be permitted to change their enrolment in a Seminar without the written permission of the Course Coordinator.
This assessment task evaluates students' abilities, skills and knowledge without the aid of generative Artificial Intelligence (AI) or Machine Translation (MT). Students are advised that the use of AI or MT technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct Policy.
Submission guidelines
Students are to hand their notes to their tutor in person at the beginning of the tutorial.
Deferral or extension
You may be able to apply for an extension.
Students can be absent or not prepare three times and still gain the full marks for Seminar preparation. This is designed to accommodate emergencies and other reasons for non-preparation. If a student is unable to attend their enrolled Seminar (after three absences), for example due to illness or a medical condition, then that student may apply for an extension in accordance with the usual assessment extension process. (Should you miss more than three seminars and wish to apply for an extension, visit: https://my.uq.edu.au/information-and-services/manage-my-program/exams-and-assessment/applying-assessment-extension). Students should submit an application for an extension for Seminar preparation only after they have failed to prepare for a third time. If an extension is granted, then that student may submit a one-to-two-page answer to the Seminar Facilitator of the Seminar in which he or she is enrolled, together with a copy of the extension approval.
Where an extension for an assessment item due within the teaching period in which the course is offered is available, any extension is limited to one week (7 days). In exceptional circumstances, extensions may be granted for more than one week, but in no case will an extension exceed four weeks (28 days) in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
Late submission is not permitted, except in accordance with item 7 in the Task Description above.
In-Semester Examination
- In-person
- Mode
- Written
- Category
- Examination
- Weight
- 30%
- Due date
8/04/2025 6:00 pm
- Other conditions
- Time limited.
- Learning outcomes
- L01, L02, L03, L04
Task description
Topics 2 and 3 are assessable. The examination will consist of one problem (i.e. fact scenario based) question.
Further information will be available on Learn.UQ.
This assessment task is to be completed in-person. The use of generative Artificial Intelligence (AI) or Machine Translation (MT) tools will not be permitted. Any attempted use of Generative AI or MT may constitute student misconduct under the Student Code of Conduct Policy.
Exam details
| Planning time | 10 minutes |
|---|---|
| Duration | 60 minutes |
| Calculator options | No calculators permitted |
| Open/closed book | Closed Book examination - no written materials permitted |
| Materials | If statutory materials are required to answer any of the questions, these will be provided in an appendix to the examination question paper. |
| Exam platform | Paper based |
| Invigilation | Invigilated in person |
Submission guidelines
Deferral or extension
You may be able to defer this exam.
End-of-semester Examination
- In-person
- Mode
- Written
- Category
- Examination
- Weight
- 60%
- Due date
End of Semester Exam Period
7/06/2025 - 21/06/2025
- Other conditions
- Time limited.
- Learning outcomes
- L01, L02, L03, L04
Task description
The final exam will be held during end-of-semester examination period. Your personalised exam timetable available through your my.UQ homepage will provide full exam details for your scheduled exam.
Examinable topics: All topics covered in lectures and seminars. Further information will be provided in lectures and/or on Learn.UQ
Exam format: The exam will comprise up to three questions, which may be compulsory. One or more of the questions may be broken down into individual parts. The examination paper will indicate the proportion of the marks given to each question (and to individual parts within a question where applicable). The examination paper may consist of problem-style and/or essay-style questions, or mixed problem- / essay-style questions, of varying weightings and length. Any of the questions may combine material from different aspects of the examinable topics in the course.
This assessment task is to be completed in-person. The use of generative Artificial Intelligence (AI) or Machine Translation (MT) tools will not be permitted. This includes copying materials produced by AI to respond to exam questions. Any attempted use of Generative AI or MT may constitute student misconduct under the Student Code of Conduct Policy.
Exam details
| Planning time | 10 minutes |
|---|---|
| Duration | 120 minutes |
| Calculator options | No calculators permitted |
| Open/closed book | Closed Book examination - specified written materials permitted |
| Materials | An unannotated (except by underlining or highlighting) copy of 'Extracts from Queensland Real Property Legislation' (available for download from the LAWS2706 Blackboard site). |
| Exam platform | Paper based |
| Invigilation | Invigilated in person |
Submission guidelines
Deferral or extension
You may be able to defer this exam.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
| 2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
| 3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
| 4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
| 5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
| 6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
| 7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Supplementary assessment
Supplementary assessment is available for this course.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Find the required and recommended resources for this course on the UQ Library website.
Additional learning resources information
- Property Law Act 2023 (Qld) - Required - This statute has been enacted but is not yet operational. It is expected to come into force on 1st August 2025. It will replace the Property Law Act 1974 (Qld). It may be accessed online.
- Land Title Act 1994 (Qld) - Required - This statute may be accessed online.
- Sale of Goods Act 1896 (Qld) - Required - This statute may be accessed online.
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Multiple weeks From Week 1 To Week 13 |
Lecture |
Lectures Week 1: Topic 1 - What is Property? Week 2: Topic 2 - Possession and Personal Property Week 3: Topic 3 - Creation and Transfer of Interests in Personal Property Week 4: Topic 3 - Creation and Transfer of Interests in Personal Property ctd Week 5: Topic 4 - What is Land? Week 6: Topic 5 - Ownership of Land Week 7: Topic 6 - Creation and Transfer of Interests in Land Week 8: Topic 6 - Creation and Transfer of Interests in Land ctd Week 9: Topic 7 - Title to Land by Registration Week 10: No lecture Week 11: Topic 7 - Title to Land by Registration ctd Week 12: Topic 7 - Title to Land by Registration ctd Week 13: Topic 7 - Title to Land by Registration ctd Learning outcomes: L02, L03, L05 |
Multiple weeks From Week 2 To Week 13 |
Tutorial |
Tutorials Week 2 - What is Property? Week 3 - Classification of Property Rights Week 4 - Finders' Rights Week 5 - Creation and Transfer of Interests in Personal Property Week 6 - What is Land? - Fixtures Week 7 - Ownership of Land - Estates Weeks 9/10 - Creation and Transfer of Interests in Land Week 11 - Title to Land by Registration Week 12 - Title to Land by Registration Week 13 - Title to Land by Registration Learning outcomes: L01, L02, L03, L04, L05 |
Policies and procedures
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments - Students Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
School guidelines
Your school has additional guidelines you'll need to follow for this course: