|School or Department :||School of Law and Justice|
|Grading basis :||Graded|
|Course fee schedule :||https://www.unisq.edu.au/current-students/administration/fees/fee-schedules|
|Version produced :||27 September 2023|
Pre-requisite: LAW5212 or LAW5127
Enrolment is not permitted in LAW5214 if LAW5213 and LAW5223 have been previously completed
This is a core course in the Juris Doctor program. It is approved by the Legal Practitioners Admissions Board (Qld) and the Chief Justice of Queensland as meeting the property area of knowledge under the Supreme Court Admission Rules 2004 (Qld) and therefore deals with elements of Property, specifically: meaning and purposes of the concept of property; possession, seisin and title; nature and type (i.e. fragmentation) of proprietary interests; creation and enforceability of proprietary interests; legal and equitable remedies; statutory schemes of registration; acquisition and disposal of proprietary interests; concurrent ownership; proprietary interests in land owned by another; and mortgages.
Queensland has a specialised legal system relating to Property Law which is an integral part of legal process in Queensland. As such, understanding Property Law is a crucial part of fully understanding the law generally. Students will be challenged to consider objects as more than just physical items of property, but as a reflection of a complex set of legal rights in relation to the item itself, including the position of owners and any third party which might have an interest in the item or any person to whom it might be transferred. The distinction between legal and equitable interests in considering the legal effect of that 'bundle of rights' will be carefully and practically considered as those different rights have historical significance that retains practical importance to this day.
Possession and transfer of property of all types has been and continues to be a source of wealth and the primary activity of commercial and private endeavour. The legal rules that determine how these transactions take place are vital for ensuring stability. This course is designed to introduce students to the concepts of property and basic principles of property law. Students will gain an awareness of concepts of real and personal property and principles governing the possession, creation and transfer of interests in property, tenures and estates in co-ownership. The recognition of native title and subsequent case law and legislation will be examined, as will concepts of Crown land.
|Interim Trimester 1, 2023||Online|