Course code LAWS4011Units 10Level 4000Faculty of Business and LawNewcastle Law School

LAWS courses are only available to students enrolled in Bachelor of Laws (LAWS); Bachelor of Laws (Honours) and associated combined degree programs.

Introduces students to the notion of property and interests in property, covering such topics as distinctions between real and personal property, notions of title and ownership, legal and equitable interests in property, and the enforceability of proprietary interests. The bulk of the course addresses the area of real property, and the principles of the Torrens system in particular.

Available in 2015

Callaghan CampusSemester 1
Previously offered in 2014
Objectives1. Identify the various types of property interests protected by property law in New South Wales (particulary land), and Explain how these property interests are created, transferred and extinguished
2. Apply legal principles (using case law and statute) to critically analyse and solve problems that may arise in practice - particularly where property interests overlap or conflict.
3. Demonstate aptitude for the acqquisition, interpretation, analysis and scholarly utilisation of appropriate research sources
4. Read and analyse cases to see how legal principles operate in practice and gain a better understanding of how common law and statute regulate the holding, use transfer and conflict of property rights. Navigate the relevant property law statutes to identify the relevant sections, and to identify when a section may apply, and how it will operate.
5. Identify policy issues as they apply to Property Law, to critically analyse and synthesise a variety of policy arguments, and develop their own position on a policy issue.
6. Give a concise and accurate briefing on the relevant property law issues and principles of a case. Contribute effectively to group discussion of legal principles in a way that develops the understanding of all members of the group. Summarise and integrate the literature on a key legal policy issue, and articulate their own position within that debate. Write a concise and accurate legal advice on a property law problem.
ContentTopics covered will include:
• Distinctions between real, personal and intangible property,
• The notions of title and ownership,
• The distinctions between legal and equitable interests in property,
• An overview of the schemes for the registration of interests in land, especially the Torrens system,
• The enforceability at law and in equity of proprietary interests and
• The private regulation of land use through easements and restrictive covenants.
Replacing Course(s)na
Industrial Experience0
Assumed KnowledgeLAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A, LAWS2003B, LAWS3004A and LAWS3004B.
Modes of DeliveryInternal Mode
Teaching MethodsLecture
Assessment Items
Essays / Written Assignmentsessay.
Examination: FormalFormal examination to be held in the formal examination period.
Group/tutorial participation and contributionTutorial participation and contribution.
Contact HoursLecture: for 2 hour(s) per Week for Full Term
Tutorial: for 1 hour(s) per Week for Full Term
Compulsory Components
Requisite by EnrolmentThis course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or the Bachelor of Laws (Honours) and associated combined degree programs.
Timetables2015 Course Timetables for LAWS4011