Survey and Engineering Law

Description

The course introduces students to the Australian legal system, including aspects of 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 and the regulation and legal liability of engineers and surveyors.

Availability

Callaghan

  • Semester 1 - 2017

Learning Outcomes

On successful completion of the course students will be able to:

1. Understand: 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. 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, 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. Identify and avoid areas of potential legal liability or difficulty in practice

5. Know when to seek specialist legal advice about a particular area.

Content

TOPIC 1   THE AUSTRALIAN LEGAL SYSTEM 

Sources of Australian law

Common  law Statute law

Equity Statutory interpretation

 

TOPIC 2    CONTRACTS

Contract law (including Competition and Consumer Act 2010)

 

TOPIC 3     TORTS

Torts (including Civil Liability Act 2002)

 

TOPIC 4      INTRODUCTION TO PROPERTY

General Principles of Property

Interests in Real Property: what is "land" Doctrines of estates and tenure

Native Title, Old System, Torren, Strata, Company and Community Title 

 

TOPIC 5     DEALINGS AND LIMITS OF LAND

Contract for Sale of Land

Legal Principles of Boundary Determination

Encroachment

Fences

 

TOPIC 6     REGULATION OF LAND USE

Easements

Restrictive Covenants

Planning & Environmental  Legislation

 

TOPIC 7   REGULATION OF THE PROFESSION OF SURVEYING

Surveying and Spatial Information Act 2002 Surveying and Spatial Information Regulation 2012

  

Assumed Knowledge

Nil

Assessment Items

In Term Test: Class Test 1

Written Assignment: Tort and Contract Problem Question 1

In Term Test: Class Test 2

In Term Test: Class Test 3

Written Assignment: Take Home Exam 3 Problem Questions

Contact Hours

Callaghan

Lecture

Face to Face On Campus 2 hour(s) per Week for Full Term

Tutorial

Face to Face On Campus 1 hour(s) per Week for Full Term