Course Title: Advanced Property Law

Part A: Course Overview

Course Title: Advanced Property Law

Credit Points: 12.00


Course Code




Learning Mode

Teaching Period(s)


City Campus


325H Property, Construction & Project Management


Sem 2 2006,
Sem 2 2007,
Sem 2 2008,
Sem 2 2009,
Sem 2 2010

Course Coordinator: Judith Callanan

Course Coordinator Phone: +61 3 9925 2230

Course Coordinator Email:

Course Coordinator Location: building 8 level 8

Pre-requisite Courses and Assumed Knowledge and Capabilities

JUST2236 Property Law

Course Description

This course deals with property law, building on the capabilities achieved in its pre-requisite course JUST 2236 Property Law. It forms the cornerstone on which the whole property program builds in respect of discipline-specific legal studies. The course aims to provide a broad property law background through its review of the law of real property. It also seeks to provide a balance with law relating directly to real property, and a study of the current issues in this sphere. As such, it provides a beginning capacity to be flexible and responsive to changing circumstances, through observing the working of the legal process.

Topic areas include:

Concept of property: physical things and rights; real and personal property
Historical development of land ownership
Native title; Mabo case
Land Ownership:
(a) General Law or Old Law Land
(b) Torrens system of registration of land
Transfer of Land Act
Property Law Act
Creation of Legal interests
Creation of Equitable interests
Legal and equitable remedies
Meaning and legal background of fixtures and fittings
Concurrent ownership: Joint Tenancy and Tenants in Common
Strata Title
Proprietary interests in land owned by another person:
Covenants, Easements and Licences
Leases: Residential and commercial tenancies

Objectives/Learning Outcomes/Capability Development

This course is run as a case-based, inter-active class, which relies on you undertaking the set reading and referencing, as directed, in the non-contact hours each week. In addition to the class, 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:

• appreciation of substantive property law principles as applied in Victoria, in particular the cornerstones of property transfer and interests in property.
• Ability to reconcile the place of property law with the needs of individuals and the community
• Ability to recognise faults with titles or leases and other legal instruments, and understand what remedies may be available.
• Ability to reference and properly quote case law and judicial precedent.
• Ability to professionally communicate the impact of legislation and precedent upon particular property situations.
• ability to professionally report on matters relating to property law and indigenous, environmental, sustainability and cultural issues.
• ability to comment on ethical matters affecting property law and the legal use of land.

The specific graduate capabilities that will be addressed and further developed and refined in this course are:

Reflective practice

An ability to 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

The ability to identify a problem

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


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

Socially aware and responsible practice

An ability to recognise and make informed and ethical judgements about the impact of professional practice on clients and the wider community.

An ability to recognise and deal with environmental, sustainability and cultural issues responsibly and ethically.

An ability to respect and respond to indigenous, equity or multi-cultural issues.

Overview of Learning Activities

This course is run as an interactive, case-based class. Students are encouraged to ask questions and enter into discussion with the lecturer throughout the sessions.

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

You will be expected to develop knowledge of Australian legislation and case law relating to property 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 Learning Resources

The extensive reading list for this course will be advised in class.

Overview of Assessment

There are numerous ways in which you will demonstrate your learning in the course in a practical manner: in class, self directed study and research, exam and assignment preparation, practical demonstration and case study, and in the preparation of case summaries. In terms of formal assessment, however, there is one individual assignment and an open-book, final examination.
As far as possible within the scope of a three hour paper, the examination will cover all aspects of the program. The emphasis will be on demonstrating professional knowledge acquired in law, applied to practical property situations. Assessment will be based on the approach you take, and in particular the communication of solutions you recommend.