Course Title: Property Law

Part A: Course Overview

Course Title: Property Law

Credit Points: 12

Course Code




Learning Mode

Teaching Period(s)


City Campus


325H Property, Constr & Proj Mgt


Sem 1 2006,
Sem 1 2007,
Sem 1 2008,
Sem 1 2009,
Sem 1 2010

Course Coordinator: Lindis Krejus

Course Coordinator Phone: +61 3 9925 2230

Course Coordinator

Pre-requisite Courses and Assumed Knowledge and Capabilities


Course Description

This course introduces students to contract, property, construction and environmental law. It provides a broad background to Australian law, its development and application. Through a review of contract law, agency, and the various principles relating to legal personality and tort this course provides a legal cornerstone on which the professional courses in each of the four streams relies.

It covers:
• Law of contract, formation and operation, termination, breach and remedies, statutory interference with freedom of contract,
• Law of agency
• Principles relating to tort,
• Law relating to real property,
• Legal personality and business entities,
• Industrial relations law,
• Dispute resolution,
• Building regulations,
• Protection of adjoining property and the public,
• The Building Code of Australia,
• Various appeal routes – including Building Appeals Board, Building Practitioners Board, Victorian Civil and Administrative Tribunal, the courts,
• Sale of property, including the law relating to auctions and section 32 statements.

In addition to the main thrusts of the course, Property and Valuation stream students will also be exposed to greater depth in the following concepts and topics in the tutorial sessions:
• Law of contract, formation and operation, termination, breach and remedies, statutory interference with freedom of contract,
• Law of agency
• Principles relating to tort,
• Law relating to real property,
• The Estate Agents Act,
• Sale of property, including the law relating to auctions and section 32 statements.

Objectives/Learning Outcomes/Capability Development

This course is run as a three-hour lecture to include a case-based interactive discussions which relies on you undertaking the set reading and referencing, as directed, in the non-contact hours each week. In addition to the lecture and tutorial, work on the assignments, self-directed study and research take up the total time allocation for this course.

At the end of the course you should have achieved an ability to:
• reconcile the place of law within the disciplines of construction management, project management, property or valuation.
• Understand the hierarchy of courts and tribunals and the interactions between those related to the property and construction industries.
• understand the law of contract, and how it affects the chosen discipline area.
• understand what appeals processes are available, when and how they are used, and what other remedies may be available.
• reference and properly quote case law and judicial precedent.
• professionally communicate the basics of contract law, and its impact upon the chosen discipline area.
• professionally report on matters relating to the law and the legislation affecting the chosen discipline area.
• comment on ethical matters relating to law, and the legal use and development of land.
The specific graduate capabilities that will be addressed and further developed and refined in this course are:

Reflective practice
Reflect on the actions and outcomes of professional practice, and the contribution made to personal and professional practice, the strategies of the employer, and the goals and aspirations of clients and the community.

Evidence based practice
Identify a problem

Defend actions and outcomes logically, coherently and with reference to the techniques and methods used in practice.

Gather and synthesis information, from a wide range of people, to achieve an informed outcome.

Socially aware and responsible practice
Recognise and make informed and ethical judgments about the impact of professional practice on clients and the wider community.

Recognise and deal with environmental, sustainability and cultural issues responsibly and ethically.

Students should develop a general understanding of the interrelationship between the main statutes that regulate property law. They should appreciate the importance and use of the Buildings Appeals Board, Building Practitioners Board and understand the procedural requirement for the protection of adjoining property and the public.

This course will provide students with an awareness and general understanding of the legal system and statutes that are applicable to the property industry.

Overview of Learning Activities

This course is run as lecture with supporting, streamed tutorials designed to further develop concepts relevant to your chosen area of study. There will be two tutorial streams – one for Construction Management and Project Management students, and another for Property and Valuation stream students. You will be encouraged to ask questions and enter into discussion with the lecturers throughout the lecture and tutorial sessions. There is one assignment for the semester, the topic and requirements for which will be outlined separately.

Overview of Learning Resources

The course includes coverage of material relating to the legal system, definitions of property, relevant statutes regulation, case law and judicial precedent. It draws on evidence in areas of contract and property law – see the overall topic list.

You will be expected to develop a beginning knowledge of Australian legislation and case law relating to property development, construction, ownership and use, and the law relating to property within the context of indigenous, environmental, sustainability and cultural issues. You will also be caused to develop an appreciation of ethics and the law.

The teaching program relies on class discussion on the major areas of law and case studies. It needs to be supported by independent, self-directed study of legislation and precedent,

Overview of Assessment

Assessment in this course is in the form of one individual assignment and an open-book final examination.