LLB301 Real 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: | LLB301 |
|---|---|
| Prerequisite(s): | (LLB204 and LLB205) or LWB241 |
| Antirequisite(s): | LWB243, 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 1 2024, Gardens Point, Internal
| Unit code: | LLB301 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | (LLB204 and LLB205) or LWB241 |
| Anti-requisite: | LWB243, LWB244 |
| Coordinator: | Amanda Bull | amandajayne.bull@qut.edu.au |
Overview
Real Property Law is a core unit in the law degree. It is required for admission to legal practice in Australia. Real property law is a significant part of legal practice in government departments, in-house positions, general practice and specialised law firms. Being able to learn and apply the foundations of real property will enable your understanding and application in other specialist areas of law, for example, family law, environmental law, corporations law, bankruptcy law and succession law (wills and estates).
Learning Outcomes
On successful completion of this unit you will be able to:
- Identify and explain fundamental principles related to real property law in Queensland, including the significance of Native Title interests in land (CLOs 1.1, 1.2)
- Advise on contemporary legal issues relating to land by applying your skills in statutory interpretation and case law analysis. (CLO 2.1)
- Communicate legal concepts clearly in writing to diverse audiences (CLO 4.1)
- Analyse and draft core documents used in contemporary real property transactions (CLOs 2.1, 4.1)
Content
The content of this unit includes:
- Overview of the nature of proprietary rights in real property
- Overview of Native Title rights and interests
- Torrens system of title registration (including electronic dealings in Torrens Title land)
- Possessory interests - fee simple, lease, and adverse possession
- Non-possessory interests, including easements and mortgages
- Priorities between legal and equitable interests, and
- Coownership arrangements including common property and community title schemes
- Government controls over private land, including environmental controls
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
- Engagement in live lectures that facilitate discussion. In these lectures, you will have the opportunity to solidify threshold understandings of unit content and assessment requirements
- Collaboration and discussion with peers and academic staff in live tutorials to network and apply your understandings
- 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
- Discussions in live tutorials
- Collaborative problem-solving in live tutorials.
Feedback on Learning and Assessment
Students are provided with feedback to assist their learning throughout the semester. The feedback is provided as follows:
- Live tutorials and online materials;
- Support materials and guidance documents prepared by the teaching team;
- Individual feedback on items of assessment including through the Criteria References Assessment (CRA) form;
- Generic feedback posted and discussed on the unit's learning management system for each item of assessment; and
- The option of consultation with a member of the unit's teaching team during the semester.
Assessment
Overview
In this unit students 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: Problem Solving Task
You will use your research and analytical skills to resolve a contemporary legal problem and communicate it effectively. The focus of this assessment is on your ability to demonstrate an understanding of, and clearly communicate, threshold concepts of real property law.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Memorandum of Advice
Memorandum of Advice (including drafting component) - Acting in the role of a junior solicitor, you will apply legal principles to a contemporary legal problem and write a memorandum of advice about a real property law issue. This item will also include a brief drafting component.
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)
Wallace, McCrimmon, and Weir, Real Property Law in Queensland (Thomson Law Book, Sydney, 5th ed, 2020)
Recommended text(s)
WD Duncan and Sharon Christensen, Commercial Leases in Australia (Lawbook Co, 9th ed, 2020).
Ros Macdonald and Deborah Clark-Dickson, Clear and Precise: Writing Skills for Today's Lawyer (LexisNexis, Sydney, 3rd ed, 2010)
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, Problem Solving Task, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ knowledges and perspectives of law
Relates to: ULO1, Problem Solving Task, Memorandum of Advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, ULO4, Problem Solving Task, Memorandum of Advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, ULO4, Problem Solving Task, 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, Problem Solving Task, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ knowledges and perspectives of law
Relates to: ULO1, Problem Solving Task, Memorandum of Advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, ULO4, Problem Solving Task, Memorandum of Advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, ULO4, Problem Solving Task, Memorandum of Advice
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Problem Solving Task, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ perspectives on law and the legal system
Relates to: ULO1, Problem Solving Task, Memorandum of Advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, ULO4, Problem Solving Task, Memorandum of Advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, ULO4, Problem Solving Task, 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, Problem Solving Task, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ perspectives on law and the legal system
Relates to: ULO1, Problem Solving Task, Memorandum of Advice, Examination - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO2, ULO4, Problem Solving Task, Memorandum of Advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, ULO4, Problem Solving Task, Memorandum of Advice
Unit Outline: Semester 1 2024, Online
| Unit code: | LLB301 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | (LLB204 and LLB205) or LWB241 |
| Anti-requisite: | LWB243, LWB244 |
Overview
Real Property Law is a core unit in the law degree. It is required for admission to legal practice in Australia. Real property law is a significant part of legal practice in government departments, in-house positions, general practice and specialised law firms. Being able to learn and apply the foundations of real property will enable your understanding and application in other specialist areas of law, for example, family law, environmental law, corporations law, bankruptcy law and succession law (wills and estates).
Learning Outcomes
On successful completion of this unit you will be able to:
- Identify and explain fundamental principles related to real property law in Queensland, including the significance of Native Title interests in land (CLOs 1.1, 1.2)
- Advise on contemporary legal issues relating to land by applying your skills in statutory interpretation and case law analysis. (CLO 2.1)
- Communicate legal concepts clearly in writing to diverse audiences (CLO 4.1)
- Analyse and draft core documents used in contemporary real property transactions (CLOs 2.1, 4.1)
Content
The content of this unit includes:
- Overview of the nature of proprietary rights in real property
- Overview of Native Title rights and interests
- Torrens system of title registration (including electronic dealings in Torrens Title land)
- Possessory interests - fee simple, lease, and adverse possession
- Non-possessory interests, including easements and mortgages
- Priorities between legal and equitable interests, and
- Coownership arrangements including common property and community title schemes
- Government controls over private land, including environmental controls
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
- Engagement in live lectures that facilitate discussion. In these lectures, you will have the opportunity to solidify threshold understandings of unit content and assessment requirements
- Collaboration and discussion with peers and academic staff in live tutorials to network and apply your understandings
- 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
- Discussions in live tutorials
- Collaborative problem-solving in live tutorials.
Feedback on Learning and Assessment
Students are provided with feedback to assist their learning throughout the semester. The feedback is provided as follows:
- Live tutorials and online materials;
- Support materials and guidance documents prepared by the teaching team;
- Individual feedback on items of assessment including through the Criteria References Assessment (CRA) form;
- Generic feedback posted and discussed on the unit's learning management system for each item of assessment; and
- The option of consultation with a member of the unit's teaching team during the semester.
Assessment
Overview
In this unit students 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: Problem Solving Task
You will use your research and analytical skills to resolve a contemporary legal problem and communicate it effectively. The focus of this assessment is on your ability to demonstrate an understanding of, and clearly communicate, threshold concepts of real property law.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Memorandum of Advice
Memorandum of Advice (including drafting component) - Acting in the role of a junior solicitor, you will apply legal principles to a contemporary legal problem and write a memorandum of advice about a real property law issue. This item will also include a brief drafting component.
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)
Wallace, McCrimmon, and Weir, Real Property Law in Queensland (Thomson Law Book, Sydney, 5th ed, 2020)
Recommended text(s)
WD Duncan and Sharon Christensen, Commercial Leases in Australia (Lawbook Co, 9th ed, 2020).
Ros Macdonald and Deborah Clark-Dickson, Clear and Precise: Writing Skills for Today's Lawyer (LexisNexis, Sydney, 3rd ed, 2010)
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, Problem Solving Task, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ knowledges and perspectives of law
Relates to: ULO1, Problem Solving Task, Memorandum of Advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, ULO4, Problem Solving Task, Memorandum of Advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, ULO4, Problem Solving Task, 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, Problem Solving Task, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ knowledges and perspectives of law
Relates to: ULO1, Problem Solving Task, Memorandum of Advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, ULO4, Problem Solving Task, Memorandum of Advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, ULO4, Problem Solving Task, Memorandum of Advice
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Problem Solving Task, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ perspectives on law and the legal system
Relates to: ULO1, Problem Solving Task, Memorandum of Advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, ULO4, Problem Solving Task, Memorandum of Advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, ULO4, Problem Solving Task, 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, Problem Solving Task, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ perspectives on law and the legal system
Relates to: ULO1, Problem Solving Task, Memorandum of Advice, Examination - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO2, ULO4, Problem Solving Task, Memorandum of Advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, ULO4, Problem Solving Task, Memorandum of Advice
Unit Outline: Summer 2024, Gardens Point, Internal
| Unit code: | LLB301 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | (LLB204 and LLB205) or LWB241 |
| Anti-requisite: | LWB243, LWB244 |
Overview
Real Property Law is a core unit in the law degree. It is required for admission to legal practice in Australia. Real property law is a significant part of legal practice in government departments, in-house positions, general practice and specialised law firms. Being able to learn and apply the foundations of real property will enable your understanding and application in other specialist areas of law, for example, family law, environmental law, corporations law, bankruptcy law and succession law (wills and estates).
Learning Outcomes
On successful completion of this unit you will be able to:
- Identify and explain fundamental principles related to real property law in Queensland, including the significance of Native Title interests in land (CLOs 1.1, 1.2)
- Advise on contemporary legal issues relating to land by applying your skills in statutory interpretation and case law analysis. (CLO 2.1)
- Communicate legal concepts clearly in writing to diverse audiences (CLO 4.1)
- Analyse and draft core documents used in contemporary real property transactions (CLOs 2.1, 4.1)
Content
The content of this unit includes:
- Overview of the nature of proprietary rights in real property
- Overview of Native Title rights and interests
- Torrens system of title registration (including electronic dealings in Torrens Title land)
- Possessory interests - fee simple, lease, and adverse possession
- Non-possessory interests, including easements and mortgages
- Priorities between legal and equitable interests, and
- Coownership arrangements including common property and community title schemes
- Government controls over private land, including environmental controls
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
- Engagement in live lectures that facilitate discussion. In these lectures, you will have the opportunity to solidify threshold understandings of unit content and assessment requirements
- Collaboration and discussion with peers and academic staff in live tutorials to network and apply your understandings
- 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
- Discussions in live tutorials
- Collaborative problem-solving in live tutorials.
Feedback on Learning and Assessment
Students are provided with feedback to assist their learning throughout the semester. The feedback is provided as follows:
- Live tutorials and online materials;
- Support materials and guidance documents prepared by the teaching team;
- Individual feedback on items of assessment including through the Criteria References Assessment (CRA) form;
- Generic feedback posted and discussed on the unit's learning management system for each item of assessment; and
- The option of consultation with a member of the unit's teaching team during the semester.
Assessment
Overview
In this unit students 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: Problem Solving Task
You will use your research and analytical skills to resolve a contemporary legal problem and communicate it effectively. The focus of this assessment is on your ability to demonstrate an understanding of, and clearly communicate, threshold concepts of real property law.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Memorandum of Advice
Memorandum of Advice (including drafting component) - Acting in the role of a junior solicitor, you will apply legal principles to a contemporary legal problem and write a memorandum of advice about a real property law issue. This item will also include a brief drafting component.
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)
Wallace, McCrimmon, and Weir, Real Property Law in Queensland (Thomson Law Book, Sydney, 5th ed, 2020)
Recommended text(s)
WD Duncan and Sharon Christensen, Commercial Leases in Australia (Lawbook Co, 9th ed, 2020).
Ros Macdonald and Deborah Clark-Dickson, Clear and Precise: Writing Skills for Today's Lawyer (LexisNexis, Sydney, 3rd ed, 2010)
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, Problem Solving Task, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ knowledges and perspectives of law
Relates to: ULO1, Problem Solving Task, Memorandum of Advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, ULO4, Problem Solving Task, Memorandum of Advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, ULO4, Problem Solving Task, 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, Problem Solving Task, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ knowledges and perspectives of law
Relates to: ULO1, Problem Solving Task, Memorandum of Advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, ULO4, Problem Solving Task, Memorandum of Advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, ULO4, Problem Solving Task, Memorandum of Advice
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Problem Solving Task, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ perspectives on law and the legal system
Relates to: ULO1, Problem Solving Task, Memorandum of Advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, ULO4, Problem Solving Task, Memorandum of Advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, ULO4, Problem Solving Task, 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, Problem Solving Task, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ perspectives on law and the legal system
Relates to: ULO1, Problem Solving Task, Memorandum of Advice, Examination - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO2, ULO4, Problem Solving Task, Memorandum of Advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, ULO4, Problem Solving Task, Memorandum of Advice
Unit Outline: Summer 2024, Online
| Unit code: | LLB301 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | (LLB204 and LLB205) or LWB241 |
| Anti-requisite: | LWB243, LWB244 |
Overview
Real Property Law is a core unit in the law degree. It is required for admission to legal practice in Australia. Real property law is a significant part of legal practice in government departments, in-house positions, general practice and specialised law firms. Being able to learn and apply the foundations of real property will enable your understanding and application in other specialist areas of law, for example, family law, environmental law, corporations law, bankruptcy law and succession law (wills and estates).
Learning Outcomes
On successful completion of this unit you will be able to:
- Identify and explain fundamental principles related to real property law in Queensland, including the significance of Native Title interests in land (CLOs 1.1, 1.2)
- Advise on contemporary legal issues relating to land by applying your skills in statutory interpretation and case law analysis. (CLO 2.1)
- Communicate legal concepts clearly in writing to diverse audiences (CLO 4.1)
- Analyse and draft core documents used in contemporary real property transactions (CLOs 2.1, 4.1)
Content
The content of this unit includes:
- Overview of the nature of proprietary rights in real property
- Overview of Native Title rights and interests
- Torrens system of title registration (including electronic dealings in Torrens Title land)
- Possessory interests - fee simple, lease, and adverse possession
- Non-possessory interests, including easements and mortgages
- Priorities between legal and equitable interests, and
- Coownership arrangements including common property and community title schemes
- Government controls over private land, including environmental controls
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
- Engagement in live lectures that facilitate discussion. In these lectures, you will have the opportunity to solidify threshold understandings of unit content and assessment requirements
- Collaboration and discussion with peers and academic staff in live tutorials to network and apply your understandings
- 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
- Discussions in live tutorials
- Collaborative problem-solving in live tutorials.
Feedback on Learning and Assessment
Students are provided with feedback to assist their learning throughout the semester. The feedback is provided as follows:
- Live tutorials and online materials;
- Support materials and guidance documents prepared by the teaching team;
- Individual feedback on items of assessment including through the Criteria References Assessment (CRA) form;
- Generic feedback posted and discussed on the unit's learning management system for each item of assessment; and
- The option of consultation with a member of the unit's teaching team during the semester.
Assessment
Overview
In this unit students 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: Problem Solving Task
You will use your research and analytical skills to resolve a contemporary legal problem and communicate it effectively. The focus of this assessment is on your ability to demonstrate an understanding of, and clearly communicate, threshold concepts of real property law.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Memorandum of Advice
Memorandum of Advice (including drafting component) - Acting in the role of a junior solicitor, you will apply legal principles to a contemporary legal problem and write a memorandum of advice about a real property law issue. This item will also include a brief drafting component.
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)
Wallace, McCrimmon, and Weir, Real Property Law in Queensland (Thomson Law Book, Sydney, 5th ed, 2020)
Recommended text(s)
WD Duncan and Sharon Christensen, Commercial Leases in Australia (Lawbook Co, 9th ed, 2020).
Ros Macdonald and Deborah Clark-Dickson, Clear and Precise: Writing Skills for Today's Lawyer (LexisNexis, Sydney, 3rd ed, 2010)
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, Problem Solving Task, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ knowledges and perspectives of law
Relates to: ULO1, Problem Solving Task, Memorandum of Advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, ULO4, Problem Solving Task, Memorandum of Advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, ULO4, Problem Solving Task, 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, Problem Solving Task, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ knowledges and perspectives of law
Relates to: ULO1, Problem Solving Task, Memorandum of Advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, ULO4, Problem Solving Task, Memorandum of Advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, ULO4, Problem Solving Task, Memorandum of Advice
LW38 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Problem Solving Task, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ perspectives on law and the legal system
Relates to: ULO1, Problem Solving Task, Memorandum of Advice, Examination - Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
Relates to: ULO2, ULO4, Problem Solving Task, Memorandum of Advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, ULO4, Problem Solving Task, 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, Problem Solving Task, Memorandum of Advice, Examination - Aboriginal and Torres Strait Islanders’ perspectives on law and the legal system
Relates to: ULO1, Problem Solving Task, Memorandum of Advice, Examination - Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
Relates to: ULO2, ULO4, Problem Solving Task, Memorandum of Advice, Examination - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO3, ULO4, Problem Solving Task, Memorandum of Advice