LLB204 Commercial and Personal Property Law
To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.
| Unit code: | LLB204 |
|---|---|
| Prerequisite(s): | LLB202 or LWB137 |
| Antirequisite(s): | LWB244 |
| Credit points: | 12 |
| Timetable | Details in HiQ, if available |
| Availabilities |
|
| CSP student contribution | $2,040 |
| Pre-2021 CSP student contribution | $1,597 The pre-2021 commonwealth supported place (CSP) contribution amount only applies to students enrolled in a course prior to 2021. To learn more, visit our Understanding your fees page. |
| Domestic tuition unit fee | $3,024 |
| International unit fee | $4,044 |
Unit Outline: Semester 2 2024, Gardens Point, Internal
| Unit code: | LLB204 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB202 or LWB137 |
| Anti-requisite: | LWB244 |
| Coordinator: | Bill Dixon | w.dixon@qut.edu.au |
Overview
The knowledge and skills you develop in this unit provide a foundation for later year units in the course, for example, LLH305 Corporate Law, and electives in the commercial area. The study of the content in this unit is required for admission to legal practice in Australia.
Learning Outcomes
On successful completion of this unit you will be able to:
- Identify and apply relevant principles of commercial and personal property law (CLOs 1.1, 1.3)
- Critically analyse complex legislation and apply the law to the facts, considering legal and non-legal solutions to resolve problems (CLOs 2.1, 2.2)
- Apply effective teamwork skills and reflect on team processes (CLO 4.3)
- Employ academic and legal writing conventions to effectively communicate legal concepts and legal and commercial solutions (CLO 4.1)
- Research and evaluate appropriate legal authorities to justify your arguments and cite your sources (CLOs 3.1, 3.2)
Content
The content of this unit includes:
- Meaning and purposes of the concept of property
- Creation, acquisition and disposal of proprietary interests in personal property, including through online contracts and possession of personal property
- Native title rights of Indigenous people in the context of bush species
- Agency and bailment
- Sale of goods, including via online platforms
- The Australian Consumer Law, including misleading conduct and consumer guarantees
- Legal remedies, and
- Security interests in personal property including the statutory scheme of registration
The Legal Practitioners Admissions Board of Queensland (LPAB) sets rules for the academic requirements for admission to the legal profession in Queensland. Students must demonstrate a satisfactory level of understanding of 11 prescribed academic areas of knowledge (‘Priestley 11’).
This unit together with LLB301 Real Property Law covers all of the topics within the core areas of knowledge for Property.
Learning Approaches
This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with direct interaction with your instructors and peers and there is an expectation that you will attend live lectures and tutorials.
Prior to the live learning sessions, you will be supported through weekly unit material, interactive quizzes and formative learning activities that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- Engagement in live lectures
- Participation in tutorials that allow you to develop and practice your oral communication, critical analysis and legal problem-solving skills
- Access to a wide range of resources designed to promote collaboration to assist you to work in teams to resolve complex problems
Feedback on Learning and Assessment
You are provided with feedback to assist your learning throughout the semester. The feedback is provided through:
• the discussions in the tutorials
• online materials
• the group feedback provided on the assignment with the completed Criteria Referenced Assessment form
• generic feedback posted on the unit's Canvas for each item of assessment
• the option of consultation with a member of the teaching team.
Assessment
Overview
In this unit, you are graded on a scale of one to seven.
Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Memorandum of advice
Acting as a team of junior lawyers, you will analyse complex legislation and apply legal principles to a given problem and provide a memorandum of advice to a senior partner. The process of your teamwork as well as the team's memorandum of advice will be assessed.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Examination
An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
Compiled by Bill Dixon, Custom Text for Commercial and Personal Property Law (Thomson Reuters, 4th ed, 2023)
Recommended text(s)
Anthony Duggan, Australian Personal Property Securities Law (LexisNexis Butterworths, 3rd ed, 2021)
Risk Assessment Statement
There are no unusual risks in this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Memorandum of advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Memorandum of advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Memorandum of advice, Examination - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO5, Memorandum of advice - Selecting and applying appropriate research methods
Relates to: ULO5, Memorandum of advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Memorandum of advice - Collaborating with others to manage professional relationships and achieve shared goals
Relates to: ULO3, Memorandum of advice
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Memorandum of advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Memorandum of advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Memorandum of advice, Examination - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO5, Memorandum of advice - Selecting and applying appropriate research methods
Relates to: ULO5, Memorandum of advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Memorandum of advice, Examination - Collaborating with others to manage professional relationships and achieve shared goals
Relates to: ULO3, Memorandum of advice
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Memorandum of advice, Examination - The impact of technology on key areas of law and legal work
Relates to: ULO1, Memorandum of advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Memorandum of advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Memorandum of advice, Examination - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO5, Memorandum of advice - Selecting and applying appropriate research methods
Relates to: ULO5, Memorandum of advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Memorandum of advice, Examination - Collaborating with others to manage professional relationships and achieve shared goals
Relates to: ULO3, Memorandum of advice
LW39 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Memorandum of advice, Examination - The impact of technology on key areas of law and legal work
Relates to: ULO1, Memorandum of advice - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO2, Memorandum of advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Memorandum of advice, Examination - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO5, Memorandum of advice - Selecting and applying appropriate research methods
Relates to: ULO5, Memorandum of advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Memorandum of advice, Examination - Collaborating with others to manage professional relationships and achieve shared goals
Relates to: ULO3, Memorandum of advice
Unit Outline: Semester 2 2024, Online
| Unit code: | LLB204 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB202 or LWB137 |
| Anti-requisite: | LWB244 |
Overview
The knowledge and skills you develop in this unit provide a foundation for later year units in the course, for example, LLH305 Corporate Law, and electives in the commercial area. The study of the content in this unit is required for admission to legal practice in Australia.
Learning Outcomes
On successful completion of this unit you will be able to:
- Identify and apply relevant principles of commercial and personal property law (CLOs 1.1, 1.3)
- Critically analyse complex legislation and apply the law to the facts, considering legal and non-legal solutions to resolve problems (CLOs 2.1, 2.2)
- Apply effective teamwork skills and reflect on team processes (CLO 4.3)
- Employ academic and legal writing conventions to effectively communicate legal concepts and legal and commercial solutions (CLO 4.1)
- Research and evaluate appropriate legal authorities to justify your arguments and cite your sources (CLOs 3.1, 3.2)
Content
The content of this unit includes:
- Meaning and purposes of the concept of property
- Creation, acquisition and disposal of proprietary interests in personal property, including through online contracts and possession of personal property
- Native title rights of Indigenous people in the context of bush species
- Agency and bailment
- Sale of goods, including via online platforms
- The Australian Consumer Law, including misleading conduct and consumer guarantees
- Legal remedies, and
- Security interests in personal property including the statutory scheme of registration
The Legal Practitioners Admissions Board of Queensland (LPAB) sets rules for the academic requirements for admission to the legal profession in Queensland. Students must demonstrate a satisfactory level of understanding of 11 prescribed academic areas of knowledge (‘Priestley 11’).
This unit together with LLB301 Real Property Law covers all of the topics within the core areas of knowledge for Property.
Learning Approaches
This unit employs an active and collaborative approach to learning. The learning has been designed to provide you with direct interaction with your instructors and peers and there is an expectation that you will attend live lectures and tutorials.
Prior to the live learning sessions, you will be supported through weekly unit material, interactive quizzes and formative learning activities that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- Engagement in live lectures
- Participation in tutorials that allow you to develop and practice your oral communication, critical analysis and legal problem-solving skills
- Access to a wide range of resources designed to promote collaboration to assist you to work in teams to resolve complex problems
Feedback on Learning and Assessment
You are provided with feedback to assist your learning throughout the semester. The feedback is provided through:
• the discussions in the tutorials
• online materials
• the group feedback provided on the assignment with the completed Criteria Referenced Assessment form
• generic feedback posted on the unit's Canvas for each item of assessment
• the option of consultation with a member of the teaching team.
Assessment
Overview
In this unit, you are graded on a scale of one to seven.
Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Memorandum of advice
Acting as a team of junior lawyers, you will analyse complex legislation and apply legal principles to a given problem and provide a memorandum of advice to a senior partner. The process of your teamwork as well as the team's memorandum of advice will be assessed.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Examination
An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
Compiled by Bill Dixon, Custom Text for Commercial and Personal Property Law (Thomson Reuters, 4th ed, 2023)
Recommended text(s)
Anthony Duggan, Australian Personal Property Securities Law (LexisNexis Butterworths, 3rd ed, 2021)
Risk Assessment Statement
There are no unusual risks in this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Memorandum of advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Memorandum of advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Memorandum of advice, Examination - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO5, Memorandum of advice - Selecting and applying appropriate research methods
Relates to: ULO5, Memorandum of advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Memorandum of advice - Collaborating with others to manage professional relationships and achieve shared goals
Relates to: ULO3, Memorandum of advice
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Memorandum of advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Memorandum of advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Memorandum of advice, Examination - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO5, Memorandum of advice - Selecting and applying appropriate research methods
Relates to: ULO5, Memorandum of advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Memorandum of advice, Examination - Collaborating with others to manage professional relationships and achieve shared goals
Relates to: ULO3, Memorandum of advice
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Memorandum of advice, Examination - The impact of technology on key areas of law and legal work
Relates to: ULO1, Memorandum of advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, Memorandum of advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Memorandum of advice, Examination - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO5, Memorandum of advice - Selecting and applying appropriate research methods
Relates to: ULO5, Memorandum of advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Memorandum of advice, Examination - Collaborating with others to manage professional relationships and achieve shared goals
Relates to: ULO3, Memorandum of advice
LW39 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Memorandum of advice, Examination - The impact of technology on key areas of law and legal work
Relates to: ULO1, Memorandum of advice - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO2, Memorandum of advice, Examination - Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
Relates to: ULO2, Memorandum of advice, Examination - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO5, Memorandum of advice - Selecting and applying appropriate research methods
Relates to: ULO5, Memorandum of advice - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Memorandum of advice, Examination - Collaborating with others to manage professional relationships and achieve shared goals
Relates to: ULO3, Memorandum of advice