Overview

This topic introduces students to fundamentals of property law and Australian equity and trusts law. It considers how something becomes property and examines the justifications for private property. It then deals with concepts of personal property including possession, relativity of title and priority of legal property rights. Students will learn … For more content click the Read More button below.

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Tuition pattern

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Aims

This topic aims to:

  • Introduce students to fundamental notions of the law of property, equity and trusts in Australia and ensure that they develop a secure and confident understanding of these fundamentals
  • Give students an understanding of selected ways in which rights in legal and equitable property are created, acquired and transferred
  • Introduce students to the nature, operation and significance of the institution of the trust as the most important institution in equity
  • Develop a sophisticated appreciation of the interplay of concepts across the doctrinal boundaries in the common law, equity and statute in this area of law
  • Develop students' skills in legal research, in reading and analysing case law, and developing written and oral legal arguments, and working independently

Learning outcomes

On completion of this topic you will be expected to be able to:
1.
Identify interests which can exist in property in Australian law and distinguish them from other interests known to Australian law
2.
Correctly identify and explain the legal issues and correctly apply the associated legal rules that arise from sets of facts which concern various property rights and liabilities, and the creation and transfer of selected legal and equitable interests in property under Australian law
3.
Correctly identify and explain the legal issues and correctly apply the associated legal rules that arise from sets of facts which concern the creation, regulation and enforcement of rights and obligations inherent in express trusts, resulting trusts, selected constructive trusts and certain fiduciary relationships
4.
Work independently to locate and effectively utilise primary sources of law and the products of legal research and scholarship
5.
Communicate explanations and analyses coherently and persuasively in accordance with accepted norms of legal reasoning and presentation practice

Assessments

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Current students should refer to FLO for detailed assessment information, including due dates. Assessment information is accurate at the time of publishing.

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Requisites information

Pre-requisites:
Anti-requisites: