Property 733517
Subject Objectives
On completion of this subject students should have an understanding of the conceptual aspects of property, the role of law in defining and regulating proprietary rights and relationships and the major legislative frameworks and common law principles governing such rights and relationships. More specifically, students should be able to:
- demonstrate a sound understanding of, and the ability to critically evaluate:
- the concept of property and its variable interpretation in different social economic and cultural contexts
- the various forms of legal proprietary interests including real property, personal property, intellectual property and emerging forms of property and the forms of law and regulation that pertain to proprietary interests
- the historical development and current operation of Australia’s land law system, the historical and contemporary role of the Crown and the rights of indigenous Australians within Australia’s land law system
- the essential characteristics of a proprietary interest and how these may be distinguished from non-proprietary rights
- describe:
- the possible sources of proprietary rights arising in statute, common law and equity
- different judicial approaches to the recognition and protection of proprietary rights
- the policy issues underlying the recognition of particular interests as proprietary or non-proprietary in emerging areas such as intellectual property or natural resources
- Identify, evaluate and apply the legal rules governing co-ownership, the range of estates and interests in land, the role of the Crown, the implementation of the Torrens land registration system and the resolution of priority disputes over land
- Identify how property law interfaces with other areas of law such as contract, tort and equity in order to evaluate the role of property law in land and property transactions
- Evaluate the social role and implications of legal rules, particularly in a culturally diverse society such as exists in Australia, and explore the possibilities for law reform
- Demonstrate an ability to research, analyse and interpret relevant case law and statutes, and
- Identify, apply and assess the legal principles arising from case law and statutes in a range of applied contexts including written assignments.
