Survey and Engineering Law

Course code LEGL2009Units 10Level 2000Faculty of Business and LawNewcastle Law School

The course introduces students to the Australian legal system, including aspects of the Constitution and basic legal research. It has a focus on legal issues arising in the profession and practice of engineering, with special emphasis on surveying. In particular it has a strong emphasis on the concepts and classification of real property as they relate to boundary surveyors. It also deals with statutory control of land use, with reference to the Environmental Planning and Assessment Act 1979, and the regulation and legal liability of engineers and surveyors.

Available in 2015

Callaghan CampusSemester 1
Previously offered in 2014
ObjectivesBy the end of the course students should
1. have a general understanding of:
a. the constitutional framework of Australia as a federation;
b. the sources of Australian law in statute and case law, and techniques for finding and interpreting the law;
c. basic principles underlying the key areas of contract and tort;
d. the land title and planning system in NSW, and in particular the law as it affects boundary determination;
2. be able to state the legal issues that arise in the practice of engineering and surveying, and to apply the law to solve problems in specific fact situations involving professional liability and real property;
3. in relation to those issues, be able to gain access to relevant and up-to-date information about the law, at an appropriate level, and to communicate the results of their knowledge clearly;
4. be able to identify and avoid areas of potential legal liability or difficulty in practice; and
5. know when to seek specialist legal advice about a particular area.
ContentA. THE AUSTRALIAN LEGAL SYSTEM
* The nature of law, and of Australia as a federation

* The sources of Australian law
-case law
-the Australian court system
-the doctrine of precedent
-statute law
-Parliamentary process and the enactment of legislation
-subordinate legislation
-statutory interpretation

B. LIABILITY
* Contract
* Torts (including Negligence, Nuisance and Trespass)

C. PROPERTY LAW
* Introduction to Property Law
-General Principles of Property
-Interests in Real Property: what is "land"?;
the doctrines of estates & tenure, native title, fixtures,
equitable vs legal rights
* Dealings with Land
-Acquisition, Disposal
-Title: General Law (Old System); Torrens System; Strata &
Community Titles
* Boundaries
-Legal Principles of Boundary Determination
-Encroachment
-Fences
* Private Regulation of Land Use
-Easements
-Restrictive Covenants
* Public Regulation of Land Use
-Subdivision of Land
-Building Approvals
-Planning & Environment Legislation
-Development Approvals

D. REGULATION OF THE PROFESSION OF SURVEYING
* The Surveying Act 2002
Replacing Course(s)This course was developed following a decision by the Faculty of Engineering to abolish 5cp subjects. It is an amalgamation of much of the content of the former subjects LAW291 (Introduction to Legal Studies) and LAW292 (Property and Survey Law).
TransitionA student who has completed LAW291 (Introduction to Legal Studies), but not LAW292 (Property and Survey Law), will be required to take LAW293. A student who has completed LAW292, but not LAW291, will not be required to take LAW292, but may have to undertake a 5cp elective.
Industrial Experience0
Assumed KnowledgeNil
Modes of DeliveryInternal Mode
Teaching MethodsLecture
Assessment Items
Examination: ClassThree class examinations
Essays / Written AssignmentsTwo assignments
Contact HoursLecture: for 2 hour(s) per Week for Full Term
Tutorial: for 1 hour(s) per Week for Full Term
Timetables2015 Course Timetables for LEGL2009