units

LAW5009

Faculty of Law

print version

This unit entry is for students who completed this unit in 2016 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Offered

City (Melbourne)

  • Trimester 1 2016 (Day)
  • Trimester 2 2016 (Day)

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7270

Synopsis

The unit examines: types of property rights in land owned by another, viz, mortgages, easements, restrictive covenants and profits a prendre; the detailed operation of the Torrens System and the Transfer of Land Act 1958 (Vic), including: registration; the meaning and purpose of indefeasible title: fraud and other exceptions to indefeasibility: the compensation provisions; the status and enforceability of unregistered interests; the caveat system; and the priority rules for registered and unregistered interests.

Outcomes

At the successful completion of this unit students will be able to:

  1. demonstrate advanced and integrated knowledge of property law, building upon learning in previous units;
  2. demonstrate intellectual and practical skills to justify and interpret theoretical propositions, legal methods and conclusions;
  3. identify, research, evaluate and synthesize relevant factual, legal and policy issues;
  4. select, analyze and apply property law principles to generate appropriate practical and jurisprudential responses to complex legal problems and issues;
  5. engage in critical analysis and apply advanced and integrated professional judgement to make reasoned and appropriate choices among alternatives; and
  6. communicate and collaborate effectively and persuasively.

Assessment

1. Research and writing exercise on an assigned issue or problem in property law and practice: 30%
2. Examination (2 hours plus 30 minutes reading time): 70%

Workload requirements

Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

Chief examiner(s)

Dr Lisa Spagnolo Personal ProfilePersonal Profile (http://monash.edu/research/people/profiles/profile.html?sid=6179&pid=3844) Trimester 1
Alicia Wright (Trimester 2)
Mr Brett Harding (Trimester 3)

Prerequisites

LAW5000 or LAW5080 or LAW5081, LAW5006 (completed prior to Trimester 2 2016), LAW5002 or LAW7265, LAW5005 and LAW5004 (for students beginning in 2015 or later)

Prohibitions