Course outline
Code: PED122
Title: Property Law
Faculty of Arts and Business
School of Business
Teaching Session: Semester 2
Year: 2015
Course Coordinator:
Sharon Butson
Email:
sbutson@usc.edu.au
1.
1.1
What is this course about?
Course description
This course examines the legal environment for the holding, development, use and dealings with real
property in Australia. It includes an overview of titling, tenure systems and property rights in Australia,
encumbrances, land and building leases and tenancies, agency, and a summary of key pieces of property
legislation and regulations. The course also explores the impact of a range of other pieces of legislation on
the holding and use of real property, including compulsory acquisition, town planning, contaminated land,
heritage provisions, environmental protection and native title.
1.2
Course content
2.
Unit value
12 units
•
•
•
•
•
•
•
•
•
•
•
•
•
Introduction to legal concepts (common law, equity, statute and precedent)
ethics
property law applications
land contracts - overview
tenure systems – freehold and leasehold
encumbrances (including mortgages)
community title
compulsory acquisition - overview
leases and tenancies – commercial
leases and tenancies – retail and residential
development law
specific contemporary legislation – native title, heritage and Moral Rights
specific contemporary legislation – environmental protection, contamination, sustainability
and privacy
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Course Outline: PED122 Property Law
3.
How does this course contribute to my learning?
Specific Learning Outcomes
On successful completion of
this course you should be able
to:
Critically evaluate Queensland
legislation with regard to
property and land
development.
Demonstrate understanding of
theory and contemporary law
related to property and land
development.
Assessment Tasks
Graduate Qualities
You will be assessed on the
learning outcome in task/s:
Completing these tasks successfully
will contribute to you becoming:
1 and 2
Creative and critical thinkers.
1, 2 and 3
Empowered.
4.
Am I eligible to enrol in this course?
4.1
Enrolment restrictions
4.2
Pre-requisites
4.3
Co-requisites
4.4
Anti-requisites
4.5
Specific assumed prior knowledge and skills
5.
How am I going to be assessed?
5.1
Grading scale
Refer to the Coursework Programs and Awards - Academic Policy for definitions of “pre-requisites, corequisites and anti-requisites”
Nil
BUS103 or BUS203
Nil
PAM220
N/A
Standard – High Distinction (HD), Distinction (DN), Credit (CR), Pass (PS), Fail (FL)
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Course Outline: PED122 Property Law
5.2
Task
No.
Assessment tasks
Assessment
Tasks
Individual or
Group
Weighting
%
What is the
duration /
length?
1000 words
max
1
Essay
Individual
15%
2
Report
Individual
35%
2000 words
max
3
Final
examination
Individual
50%
2 hours
100%
When should I
submit?
Where should
I submit it?
Thursday,
Week 5, 12pm
AEST
Thursday,
Week 11, 12pm
AEST
Central
examination
Period
SafeAssign
SafeAssign
In exam venue
Assessment Task 1: Essay
Goal:
Product:
Format:
For you to critically review the Act’s impact on land development.
Analytical essay
This is an Individual Assessment, 1000 words maximum. See USC Portal (Blackboard) for
further information.
You are to consider how a recently introduced property related Queensland Act will
affect land development processes on the Sunshine Coast in the future. In your analysis
you are to refer to relevant legislative provisions and make an assessment as to the
effectiveness of the Act in achieving its aims. Details of the specific piece of legislation
to be considered (i.e. the Act) will be provided in Week 1.
[If necessary, in view of the word limit, you may restrict your analysis to one change
introduced by the Act but you must ensure you explain in your introductory paragraph
what you are considering and why.]
Criteria
• demonstrated understanding of contemporary law as it affects property
• effective integration of key legal concepts into a holistic and logical argument
• demonstrably imaginative but realistic vision of the property sector into the
future
• professional presentation and correct use of Harvard referencing conventions
Generic skill assessed
Skill assessment level
Communication
Introductory
Problem solving
Introductory
Information literacy
Introductory
Assessment Task 2: Report
Goal:
Product:
Format:
This task requires you to apply your knowledge of a particular property law to assess its
legislative impact on development potential for a specific property
Report
This is an individual assessment, 2000 words maximum. See USC Portal (Blackboard) for
further information. On the basis of an allocated property law, you are required to
describe and assess the impact and effect of significant legislation on the development
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Course Outline: PED122 Property Law
and/or use of a particular property/site in the South East Queensland region. You will be
allocated a law during the Week 6 lecture.
Criteria
• demonstrated understanding of contemporary law as it affects the specified
type of property
• identification of relevant processes and their impact on use and value
• appropriate selection and use of example
• professional presentation and correct use of Harvard referencing conventions
Generic skill assessed
Skill assessment level
Communication
Introductory
Problem solving
Introductory
Information literacy
Introductory
Assessment Task 3: Final examination
Goal:
The final examination is designed for you to demonstrate the theoretical and conceptual
knowledge you have gained during this course.
Product: Examination
Format:
This two hour examination is an individual assessment. It will consist of an essay and/or
short answer questions. It will be an open book exam. See USC Portal (Blackboard) for
further information.
Criteria
Marks for this assessment task will be allocated on the basis of the relevance, level of
critical analysis and completeness of each answer. The marks allocated to each question
will be indicated on the exam paper.
Generic skill assessed
Skill assessment level
Organisation
Developing
Problem solving
Developing
Information literacy
Developing
5.3
Additional assessment requirements
SafeAssign
In order to minimise incidents of plagiarism and collusion, this course may require that some of its
assessment tasks are submitted electronically via SafeAssign. This software allows for text comparisons to
be made between your submitted assessment item and all other work that SafeAssign has access to. If
required, details of how to submit via SafeAssign will be provided on the Blackboard site of the course.
Eligibility for Supplementary Assessment
Your eligibility for supplementary assessment in a course is dependent of the following conditions applying:
a) The final mark is in the percentage range 47% to 49.4%
b) The course is graded using the Standard Grading scale
c) You have not failed an assessment task in the course due to academic misconduct
5.4
Submission penalties
Late submission of assessment tasks will be penalised at the following maximum rate:
• 5% (of the assessment task’s identified value) per day for the first two days from the date identified
as the due date for the assessment task.
• 10% (of the assessment task’s identified value) for the third day
• 20% (of the assessment task’s identified value) for the fourth day and subsequent days up to and
including seven days from the date identified as the due date for the assessment task.
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Course Outline: PED122 Property Law
•
A result of zero is awarded for an assessment task submitted after seven days from the date
identified as the due date for the assessment task.
Weekdays and weekends are included in the calculation of days late. To request an extension you must
contact your course coordinator to negotiate an outcome.
6. How is the course offered?
6.1
Directed study hours
6.2
Teaching semester/session(s) offered
6.3
Course activities
On campus Lecture: 2 hours per week
On campus Workshop: 1 hour per week
Semester 2
Teaching
Week /
Module
1
2
What key concepts/content will I
learn?
Introduction to course and legal
concepts (common law, equity,
statute and precedent)
Ethics
Property law applications
3
Tenure systems – freehold and
leasehold
4
Land contracts
5
Development contracts
6
Community title
TASK 1 DUE
Law areas allocated for Task 2
7
Encumbrances (including mortgages)
What activities will I engage in to learn the
concepts/content?
Directed Study
Independent Study
Activities
Activities
Lecture
Price – Chpts 1 and 7
Hefferan - Chpt 4
No tutorials in Week Carvan – Chpts 2 to 6
1
Lecture
Price - Chpts 2, 3, 9, 13
Applied theory
and 15
workshop
Hefferan - Chpts 1 & 3
Carvan – Chpt 8
And refer to
handouts*
Lecture
Price - Chpts 4 to 6
Applied theory
Hefferan - Chpt 4
workshop
And refer to specific
Work on Task 1
legislation
Lecture
Price – Chpt 8
Applied theory
Hefferan - Chpts 3 & 5
workshop
Carvan – Chpt 7
And refer to specific
legislation and
handouts*
Lecture
Refer to specific
Applied theory
legislation and
workshop
handouts
Lecture
Price - Chpt 12
Applied theory
And refer to specific
workshop
legislation and
handouts*
Lecture
Price - Chpts 10 and
Applied theory
16
workshop
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Course Outline: PED122 Property Law
8
Leases and tenancies – commercial
9
Leases and tenancies – retail
10
Monday, 5th
October
Labour Day
Public
Holiday
11
12
Lecture
Applied theory
workshop
Lecture
Applied theory
workshop
Work on Task 2
Mid Semester Break
Leases and tenancies – residential
Lecture
Applied theory
workshop
Compulsory acquisition - overview
TASK 2 DUE
Lecture
Applied theory
workshop
Specific contemporary legislation –
native title, heritage and Moral Rights
Lecture
Applied theory
workshop
13
Specific contemporary legislation –
Lecture
environmental protection,
Applied theory
contamination, sustainability and
workshop
privacy
Revise for Task 3
Study Period
Central Examination Period
End of Semester Break
Please note that the course activities may be subject to variation.
And refer to specific
legislation and
handouts*
Price - Chpt 11
Hefferan - Chpt 4
Price - Chpt 11
Hefferan - Chpt 5
And refer to specific
legislation and
handouts*
Price - Chpt 11
And refer to specific
legislation and
handouts*
Brown - Chpts 1 & 2
And refer to specific
legislation and
handouts*
Price – Chpts 5 and 17
And refer to specific
legislation and
handouts*
Refer to specific
legislation
7. What resources do I need to undertake this course?
7.1
Prescribed text(s)
7.2
Required and recommended readings
7.3
Specific requirements
Please note that you need to have regular access to the resource(s) listed below:
Author
Year
Title
Publisher
Price, R. and Griggs, L
2008, 2nd
Property Law in
Lawbook Co. 2008
Ed.
Principle
Lists of required and recommended readings may be found for this course on its Blackboard site. These
materials/readings will assist you in preparing for tutorials and assignments, and will provide further
information regarding particular aspects of your course.
N/A
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Course Outline: PED122 Property Law
7.4
Risk management
8.
How can I obtain help with my studies?
9.
Links to relevant University policies and procedures
10.
Faculty specific information
There is minimal health and safety risk in this course. It is your responsibility to familiarise yourself with the
Health and Safety policies and procedures applicable within campus areas.
In the first instance you should contact your tutor, then the Course Coordinator. Student Life and Learning
provides additional assistance to all students through Peer Advisors and Academic Skills Advisors. You can
drop in or book an appointment. To book: Tel: +61 7 5430 1226 or Email:
StudentLifeandLearning@usc.edu.au
For more information on Academic Learning & Teaching categories including:
• Assessment: Courses and Coursework Programs
• Review of Assessment and Final Grades
• Supplementary Assessment
• Administration of Central Examinations
• Deferred Examinations
• Student Academic Misconduct
• Students with a Disability
http://www.usc.edu.au/university/governance-and-executive/policies-and-procedures#academic-learningand-teaching
Locating Journal Articles
If you have been notified that the journal articles in this course are available on e-reserve, use the on-line
library catalogue to find them. For journal articles not on e-reserve, click on the "Journals and Newspapers"
link on the Library Homepage. Enter the journal title e.g. History Australia, then search for the volume and
issue or keyword as needed.
Assignment Cover Sheets
The Faculty of Arts and Business assignment cover sheet can be found on Blackboard or on the USC Portal
at: Faculty of Arts and Business (Students) > Forms. It must be completed in full identifying student name,
assignment topic, tutor and tutorial time. This must be attached securely to the front of each assessment
item prior to submission. Claims of loss of assignments will not be considered unless supported by a
receipt.
Help: If you are experiencing problems with your studies or academic work, consult your tutor in the first
instance or the Course Coordinator as quickly as possible.
Difficulties: If you are experiencing difficulties relating to teaching and assessment you should approach
your tutor in the first instance. If not satisfied after that you should approach in order your Course
Coordinator, Program Coordinator then Head of School.
General enquiries and student support
Faculty Student Centre
Tel: +61 7 5430 1259
Fax: +61 7 5430 2859
Email: FABinfo@usc.edu.au