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.
Not offered in 2019
The unit prepares practitioners to advise clients on regional property matters. It provides a detailed account of real property law in selected Asian and Australian jurisdictions, with a focus on the law and practice of title registration. All of the countries covered, with the exception of Indonesia, have adopted Torrens-type land laws - where indefeasible proprietary interests arise from the act of registration rather than the validity of the transfer or grant. Yet, these jurisdictions differ significantly in terms of exceptions to indefeasibility, particularly in relation to the status of bona fide purchasers of land prior to registration of title. There are also a variety of legal approaches to unregistered interests, including interests arising from possession. The unit examines these issues with an emphasis on advice for foreign investors.
Upon successful completion of the unit, students will be able to:
- Explain, distinguish and apply the basic concepts and terminology of land law in selected Asian and Australian jurisdictions.
- Recognise, distinguish and appraise different techniques of title registration in selected Asian and Australian jurisdictions.
- Identify and critically examine the legal status of unregistered interests in land in selected Asian and Australian jurisdictions.
- Examine, investigate and interpret the effectiveness of title registration systems in selected Asian and Australian jurisdictions.
- Interpret, analyse and propose solutions to legal problems involving unregistered and registered interests in land in selected Asian and Australian jurisdictions.
- Plan and execute foreign or comparative legal research with independence in order to produce original scholarship.
One research assignment (3,750 words): 50%
One take-home examination (3,750 words): 50%
Students enrolled in this unit will be provided with 24 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.