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Course profile

Interests in Property (LAWS2707)

Study period
Sem 2 2024
Location
St Lucia
Attendance mode
In Person

Course overview

Study period
Semester 2, 2024 (22/07/2024 - 18/11/2024)
Study level
Undergraduate
Location
St Lucia
Attendance mode
In Person
Units
2
Administrative campus
St Lucia
Coordinating unit
Law School

This course builds upon Foundations of Property Law but focuses exclusively on property rights and interests, both legal and equitable.

LAWS2707 (Interests in Property) builds on LAWS2706 (Foundations in Property Law) and focuses on distinct legal and equitable interests in property, primarily (but not exclusively) real property. The course comprises six main topics:

  1. Security interests in property (both real and personal);
  2. Leasehold interests in land;
  3. Easements and other covenants affecting land;
  4. Co-ownership;
  5. Community titles and body corporation; and
  6. 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 (Prize 1):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

Assumed background

Students must have completed the Law of Contract Law I and II. They must also have completed Foundations of Property Law. It is strongly recommended that students have studied Trusts and Equity I and are undertaking Trusts and EquityᅠII.

Prerequisites

You'll need to complete the following courses before enrolling in this one:

LAWS2706

Incompatible

You can't enrol in this course if you've already completed the following:

LAWS3009; LAWS3111

Restrictions

LLB(Hons) and LLB(Hons) duals

Course contact

Course staff

Lecturer

Tutor

Timetable

The timetable for this course is available on the UQ Public Timetable.

Additional timetable information

LAWS2707 is taught in lecture and seminar mode. Although the lectures are recorded, no recordings will be made of the seminars. Students are accordingly advised to attend all seminars.

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 broad aims of the course are to provide:

  1. An understanding of the fundamental principles relating to real property law, proprietary interests in land andᅠadvanced issues in personal property law,ᅠincluding a knowledge of relevant statute and case law;
  2. Skills in recognition of the legal issues relating to property, in the analysis of such issues and in the application of legal principles to the issues; and
  3. An appreciation of the context in which property law operates.

Learning outcomes

After successfully completing this course you should be able to:

LO1.

Demonstrate a knowledge and an understanding of the fundamental principles and rules of law and the general practice of dealings with property rights in Queensland.

LO2.

A knowledge and understanding of legal principles by analysing and critically examining fundamental aspects of property law in a logical and organised fashion.

LO3.

Analyse and interpret relevant case law and statutes in the context of property law.

LO4.

Demonstrate skills in legal research and written communication

LO5.

Critically evaluate the implications of the rules of property law and explore the possibilities for reform within the context of society as a whole.

Assessment

Assessment summary

Category Assessment task Weight Due date
Tutorial/ Problem Set Seminar Assessment: Preparation 10%

29/07/2024 - 21/10/2024

Essay/ Critique Essay
  • Online
30%

3/09/2024 2:00 pm

Examination End-of-semester Examination
  • In-person
60%

End of Semester Exam Period

2/11/2024 - 16/11/2024

Assessment details

Seminar Assessment: Preparation

Mode
Written
Category
Tutorial/ Problem Set
Weight
10%
Due date

29/07/2024 - 21/10/2024

Learning outcomes
L01, L02, L03, L04, L05

Task description

This assessment task requires submission of a one-to-two-page (A4) handwritten answer to the seminar exercise scheduled for the seminar for the week. 1.5 marks will be allocated for the identification and treatment of the issues relevant to the solution of the seminar problem each week (to a maximum of 10 marks). In other words, students may submit seven out of 11 answers and still receive full marks for this assessment item.

Unless otherwise indicated, students must answer all the questions for the seminar to be awarded the corresponding mark.

This assessment task evaluates student's abilities, skills and knowledge without the aid of Artificial Intelligence (AI). Students are advised that the use of AI technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct Policy .

Submission guidelines

Handwritten preparation notes must be submitted directly to your Seminar Facilitator at the beginning of your enrolled seminar.

Deferral or extension

You may be able to apply for an extension.

The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.

Extension to Assessment Due Date

An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to 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

A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.

Penalties for Late Submission

The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).

First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.

More than 7 periods of 24 hours - 100%.

Essay

  • Online
Mode
Written
Category
Essay/ Critique
Weight
30%
Due date

3/09/2024 2:00 pm

Learning outcomes
L01, L02, L03, L04, L05

Task description

You will be required to submit an essay-style response to a particular topic falling within the scope of the course. The topic will be released on the Learn.UQ site for the course on Monday 29 July 2024 (Week 2), and essays will be due at 2:00 pm on Tuesday 3 September 2024 (Week 7).

Your essay assignment is weighted at 30% of the total grade for the course.

Word limit:

  • Maximum word limit: 1,500 words;
  • Assignments must not exceed the word limit. The penalty for exceeding the word count will be 5 marks (out of a total possible mark of 100) per 100 words (or part thereof) over the word limit). For example, if your raw mark was 65/100, but you were 100 words over the word limit, your mark will be adjusted to 60/100;
  • The word limit excludes headings;
  • The word limit excludes footnotes. However, footnotes should be used for citation purposes only. Any substantive text that appears in a footnote will not be read and will not contribute to your mark;
  • Ensure that you provide an accurate word count at the end of your assignment. Any student found to have provided a false word count will be referred to the Academic Integrity Officer.

Referencing:

  • The assignment (both the main-body text and citations) must be submitted in conformity with the style and referencing in the Australian Guide to Legal Citation (4th ed);
  • Do not attach a separate bibliography.

Procedural matters:

  • Assignments must be type-written on one side of the paper only, in either space-and-half or double-line spacing (footnotes may be in single-spacing);
  • Use an appropriate font style and size (e.g. 12-point Times New Roman or 11-point Arial);  
  • Assignments must have a wide left-hand margin for comments; and also please justify the right-hand margin;
  • Proof-read your essay before submission.

Further submission requirements are outlined below.

This assessment task evaluates student’s abilities, skills and knowledge without the aid of Artificial Intelligence (AI). Students are advised that the use of AI technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct Policy .

Submission guidelines

Assignments must be submitted using through Turnitin, accessible through the course's Learn.UQ page.

Deferral or extension

You may be able to apply for an extension.

The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.

Extension to Assessment Due Date

An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to 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

A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.

Penalties for Late Submission

The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).

First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.

More than 7 periods of 24 hours - 100%.

End-of-semester Examination

  • In-person
Mode
Written
Category
Examination
Weight
60%
Due date

End of Semester Exam Period

2/11/2024 - 16/11/2024

Learning outcomes
L01, L02, L03, L04, L05

Task description

Any written or printed material is permitted in the exam. Material may also be annotated. The exam will comprise up to four 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. Further information about the content and format of the final examination will be provided via Learn.UQ announcement after the Chief Examiner had approved the examination paper.

This assessment task is to be completed in-person. The use of Artificial Intelligence (AI) tools will not be permitted. Any attempted use of AI 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 Open Book examination
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.

Learning activities

The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.

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Learning period Activity type Topic
Week 1

(22 Jul - 28 Jul)

Lecture

Week 1: Co-ownership

Lecture on the basic concepts of co-ownership; joint tenancies versus tenancies in common; determination of co-ownership. Seminar content delivery on rights of co-owners inter se.

Learning outcomes: L01, L02, L03, L04, L05

Week 2

(29 Jul - 04 Aug)

Lecture

Week 2: Community Titles and Body Corp I

Lecture on the history of strata title schemes; key concepts of BCCMA; establishing a community titles scheme; types of community titles scheme; Community Management Statements.

Learning outcomes: L01, L02, L03, L04, L05

Seminar

Week 2: Community Titles and Body Corp I

Seminar Exercise based on Week 1 material.

Learning outcomes: L01, L02, L03, L04, L05

Week 3

(05 Aug - 11 Aug)

Lecture

Week 3: Community Titles and Body Corp II

Lots and lot owners; the Body Corporate; governance of community titles schemes; dispute resolution; termination of a community titles scheme.

Learning outcomes: L01, L02, L03, L04, L05

Seminar

Week 3: Community Titles and Body Corp II

Seminar Exercise based on Week 2 material.

Learning outcomes: L01, L02, L03, L04, L05

Week 4

(12 Aug - 18 Aug)

Lecture

Week 4: Leasehold Interests in Land I

The Lecture will introduce students to the course and the "lease" versus "licence" distinction. The Seminar will be used to deliver content on the elements and types of leases, as well as on the creation of leasehold interests in land (including formalities).

Learning outcomes: L01, L02, L03, L04, L05

Seminar

Week 4: Leasehold Interests in Land I

The seminar is based on Weeks 2 and 3 material.

Learning outcomes: L01, L02, L03, L04, L05

Week 5

(19 Aug - 25 Aug)

Lecture

Week 5: Leasehold Interests in Land II

The Lecture will outline the subject matter of lease covenants (sources, lessor and lessee covenants/obligations).

Learning outcomes: L01, L02, L03, L04, L05

Seminar

Week 5: Leasehold Interests in Land II

The first hour of the Seminar will deliver content on the assignment of leases and reversions. The second hour of the Seminar will be devoted to a Seminar Exercise based on Week 4 material.

Learning outcomes: L01, L02, L03, L04, L05

Week 6

(26 Aug - 01 Sep)

Lecture

Week 6: Leasehold Interests in Land III

The Lecture will discuss the termination of leases (including forfeiture and relief against forfeiture), as well as providing students with a (very brief) overview of retail shop leases.

Learning outcomes: L01, L02, L03, L04, L05

Seminar

Week 6: Leasehold Interests in Land III

The Seminar will involve Exercises based on Week 5 material.

Learning outcomes: L01, L02, L03, L04, L05

Week 7

(02 Sep - 08 Sep)

Lecture

Week 7: Easements and Other Covenants

Lecture on: essential characteristics of easements; creation and enforcement of easements; extinguishment of easements; profits prendre; statutory covenants.

Learning outcomes: L01, L02, L03, L04, L05

Seminar

Week 7: Easements and Other Covenants

Seminar Exercise based on Week 6 material.

Learning outcomes: L01, L02, L03, L04, L05

Week 8

(09 Sep - 15 Sep)

Lecture

Week 8: Native Title I

Lecture on history of native title in Australia (including Mabo litigation); native title and the common law.

Learning outcomes: L01, L02, L03, L04, L05

Seminar

Week 8: Native Title I

Seminar Exercise based on Week 7 material.

Learning outcomes: L01, L02, L03, L04, L05

Week 9

(16 Sep - 22 Sep)

Lecture

Week 9: Native Title II

Lecture on Native Title Act 1993 (Cth) (including proof and claim procedures, extinguishment, validation and confirmation of extinguishment, the "future acts" regime, and Indigenous Land Use Agreements).

Learning outcomes: L01, L02, L03, L04, L05

Seminar

Week 9: Native Title II

Seminar Exercise based on Week 8 material.

Learning outcomes: L01, L02, L03, L04, L05

Week 10

(30 Sep - 06 Oct)

Lecture

Week 10: Security Interests in Property I

Lecture on introduction to security interests generally; security interests over land (primarily land mortgages); nature and types of land mortgages (legal and equitable); creation and contents of land mortgages.

Learning outcomes: L01, L02, L03, L04, L05

Week 11

(07 Oct - 13 Oct)

Lecture

Week 11: Security Interests in Property II

Lecture on mortgagor default and mortgagee remedies upon default.

Learning outcomes: L01, L02, L03, L04, L05

Seminar

Week 11: Security Interests in Property II

Seminar Exercise based on Week 10 material. Seminar content delivery introducing security interests over personal property (pre-PPSA law).

Learning outcomes: L01, L02, L03, L04, L05

Week 12

(14 Oct - 20 Oct)

Lecture

Week 12: Security Interests in Property III

Lecture on security interests over personal property (post-PPSA).

Learning outcomes: L01, L02, L03, L04, L05

Seminar

Week 12: Security Interests in Property III

Seminar Exercise based on Week 11 material.

Learning outcomes: L01, L02, L03, L04, L05

Week 13

(21 Oct - 27 Oct)

Seminar

Week 13: Security Interests in Property III (PPSA)

Seminar Exercise based on Week 12 material.

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:

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: