PROPERTY I
(LAWS2204)
2008
First Semester
UNIT OUTLINE
2
CONTENTS
Property 1 2008
__________________________________________________________________
Part One
About this unit, including materials to be acquired
and reference material
Part Two
Property 1 Outline
Part Three
A calendar of lectures indicating the material to be covered
Part Four
General Information
Part Five
Tutorial problems
All material reproduced herein has been copied in accordance with and pursuant to a statutory licence
administered by Copyright Agency Limited (CAL), granted to the University of Western Australia pursuant to Part
VB of the Copyright Act 1968 (Cth).
Copying of this material by students, except for fair dealing purposes under the Copyright Act, is prohibited. For
the purposes of this fair dealing exception, students should be aware that the rule allowing copying, for fair
dealing purposes, of 10% of the work, or one chapter/article, applies to the original work from which the excerpt
in this course material was taken, and not to the course material itself.
3
PART ONE
About This Unit
Welcome to Property 1!
Welcome to the study of Property Law! The Property Law team for first semester is
Penny Carruthers (Unit Co-ordinator) Eileen Webb and Sharon Mascher. Property
Law has a reputation among some students as a dull and dry unit that must be
endured rather than enjoyed. Eileen, Sharon and Penny, on the other hand, find the
study of Property Law to be an exciting, challenging and enjoyable pursuit! One of
our main goals in Property 1 is to share with you our enthusiasm and passion for the
study of Property Law.
Property 1 is an introduction to the fundamental principles and concepts of property
law including: real and personal property; possession; rights to resources and
fixtures; Crown ownership; Native Title; the doctrines of tenures and estates; present
and future interests; legal and equitable interests in land; formalities; priorities; and
concurrent ownership.
Contact details
If you have any questions or concerns, please don't hesitate to contact Penny or
Eileen.
Ms Penny Carruthers
Room No:
Telephone:
Fax:
Email:
Consultation Hours:
Law Building 2.05
6488 3436
6488 1045
pcarruth@law.uwa.edu.au
Monday and Wednesday
12.00noon -1.00pm or by
appointment.
Ms Eileen Webb
Room No:
Telephone:
Fax:
Email:
Consultation Hours:
Law Building 2.12
6488 2947
6488 1045
ewebb@law.uwa.edu.au
Tuesday 9.00 – 11.00 pm or by
appointment.
Ms Sharon Mascher
Room No
Telephone
Fax
Email
Consultation Hours
Law Building 2.10
6488 7206
6488 1045
smascher@law.uwa.edu.au
Wednesday 12.30 – 2.30 or by
appointment
4
Learning Outcomes
On completion of this unit you should be able to:
1. Recognise the role of Property Law within an historical, social, economic and
political context;
2. Identify and explain the fundamental principles of Property Law in relation to:
(a) the concept of real and personal Property;
(b) the creation of possessory interests in real and personal property;
(c) the subject matter of real property rights including rights to minerals and subsurface; air space; water and fixtures;
(d) common law Native Title;
(e) the Doctrines of Tenure and Estates;
(f) the creation of legal and equitable interests in land;
(g) priority disputes between competing interests in land;
(h) co-ownership, including joint tenancy and tenancy in common;
3. Begin to develop a critical approach to underlying policy issues in Property Law;
4. Solve hypothetical legal problems relating to Property Law areas covered in 2(a) (h);
5 Write clear, concise and persuasive legal arguments in answering hypothetical
legal problems;
6. Continue to develop effective and meaningful oral communication skills;
7. Continue to develop and hone effective time management skills.
Educational Principles
The University of Western Australia states, within its Strategic Plan, eleven
Educational Principles ( http://www.catl.uwa.edu.au/current_initiatives/obe/principles)
Drawing on these Educational Principles, this unit will encourage and facilitate you to
develop the ability and desire:

to master the subject matter, concepts and techniques of Property 1 at
internationally-recognised levels and standards;

to acquire the skills required to learn, and to continue through life to learn,
from a variety of sources and experiences;

to adapt acquired knowledge to new situations;

to communicate in English clearly, concisely and logically;

to think and reason logically and creatively;

to undertake problem identification, analysis and solution;

to question accepted wisdom and be open to new ideas and possibilities;

to acquire mature judgement and responsibility in ethical, moral, social, and
practical, as well as academic matters;
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Prerequisites
This unit assumes that students have already developed certain basic skills. It is
expected that students have an adequate command of:
1.
English and related communication skills – students are expected to have very
high English language skills and to be able to understand and follow the
principles of accepted expression and style;
2.
Library research skills – research is an important aspect of studying law and
students will be expected to utilise the facilities of the Law Library on a regular
basis. It is appreciated that for the Graduate students research skills in Law will
be developing during the semester.
If you are not well prepared in any of the above areas you should make every effort
to remedy the situation through undertaking additional reading and/or practice. Do
not hesitate to ask for advice from your tutor. The University’s Student Learning,
Research and Language Skills Service offers assistance in a variety of areas,
including writing skills, study skills, examination preparation skills and stress
management. The service is located on the second floor of the Guild Village, south
entrance/ exit and can be contacted by telephoning 6488 2423 or 6488 2258.
Teaching Methods and Class Participation
Teaching will be comprised of two, one hour lectures per week and one hour of
tutorials per fortnight. Lectures will commence in week one and tutorials will
commence in week 3. Reading of the cases and legislation contained in the
materials is required before class. The lectures and tutorials will assume you have
done the appropriate pre-reading.
Assessment
Compulsory Assignment 25%
The assignment will be available in hard copy at the Law General Office or on the
Property 1 web page at 2.00pm on Thursday 27 March and is to be submitted by
noon, Thursday 10 April 2008. The assignment is to be 5 pages in length and
specific instructions regarding the assignment will be provided before the assignment
is handed out. Penalties will be imposed for late submission and/or assignments
which exceed the page limit.
End of Semester “Closed Book” Examination worth 75%
The examination will be a “closed book” examination and so students will not be able
to take into the exam any materials or notes whatsoever. However, there will be a
copy of the relevant parts of the Property 1 Outline provided with the exam paper.
The exam will not cover the material covered in the assignment and will only
examine the remaining part of the semester’s work.
Scaling
Results in this unit are subject to the Law Faculty’s scaling policy.
http://www.law.uwa.edu.au/current/policies/assessment_rules_and_guidelines#scaling
See:
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Feedback
We consider feedback is very important in assisting student learning. Feedback in
Property 1 is both formal and informal.
Informal
Informal feedback is provided on an ongoing basis throughout Property 1. In
lectures, tutorials and during consultation times students are encouraged to speak
out and the responses to a student’s questions and arguments by Penny, Sharon,
Eileen and the class constitute part of this informal feedback.
Formal
Formal feedback in relation to the assignments is provided as follows: written
comments on the student’s assignment; making available a number of “good”
assignments on the Property web page for comparison; general oral feedback in
class regarding the assignment and individual student feedback is always available
on request.
In relation to the final exam feedback is available after the exam on an individual
basis on request. More importantly, students should recognise that the preparation
they undertake for lectures, tutorials and assignments and the feedback obtained in
relation to this preparation, is a form of feedback provided ahead of time to assist a
student’s performance in the exam.
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Course materials
1.
Reading Materials:
An edited collection of Reading Materials for first semester have been prepared.
These materials contain the important cases and some articles and constitute the
essential reading for the unit. These materials may be purchased at the start of 1st
semester. Copies of the materials are available on Reserve and may also be
accessed via Course Materials Online (CMO). When using CMO please note that
although the whole case will be contained in CMO, frequently only part of the
judgment, as is mentioned in the Property 1 Outline, is required reading.
Some students become concerned when readings which are assigned are not
discussed in lectures. Please be aware that some readings are assigned to eliminate
the need to raise and discuss matters during the limited time we have available in
class. Therefore please do not assume that because certain material has not been
discussed in class that it is not important to your understanding of the subject.
2.
Recommended Texts:
Australian Real Property.
Bradbrook McCallum & Moore, 4th edition Law Book Co 2007.
(Abbreviated as “ARP”)
An Introduction to Property Law in Australia
R Chambers, 2nd edition Thomson Lawbook Co 2008
3.
Additional Sources and References:
Butt, Land Law (5th ed, LBC 2006)
Tan, Webb and Wright, Butterworths Tutorial Series: Land Law (2nd Edition,
Butterworths 2002)
Sackville and Neave, Property Law Cases and Materials (7th ed, Butterworths 2004).
Tooher, Dwyer and Teh Introduction to Property (3rd ed, Butterworths 1997)
4.
Statutes:
The Property Law Act (PLA) 1969 (WA) is referred to frequently throughout Property
1 and 2. The relevant extracts of the PLA will be provided to students so it will not
be necessary for students to purchase this Act. However, it is recommended that
students peruse the contents of the PLA by visiting the State Law Publisher’s
website at www.slp.wa.gov.au in order to obtain an overview of this important
Property Law statute.
5.
Property 1 Web page
The Property 1 web page contains information relating to the course and contact
details for the academic staff involved in the subject. Notices and new developments
will be posted on the website at:
http://www.lawstudents.law.uwa.edu.au/undergrad/units
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PART TWO
Property 1 Outline
I.
INTRODUCTION: THE CONCEPT OF PROPERTY
A.
What is Property?
(a)
(b)
B.
C.
Introduction
- Chambers, An Introduction to Property Law, Thomson LawBook Co
2008 pp 3-11
- Milirrpum v Nabalco (1971) 17 FLR 141 (S Ct NT) 262-274
- Radaich v Smith (1959) 101 CLR 209 (Windeyer J).
- Yanner v Eaton [1999] HCA para 1-37
Public and private property
The Case for Private Property Rights
(a)
Economic arguments
- R Chambers, An Introduction to Property Law, Thomson LawBook Co
2008 pp 31-43
- A Posner “Economic Analysis of Law”, Little Brown & Co, (1973)
- Additional reference: Hardin, The Tragedy of the Commons (1968)
162 Science 1243;
(b)
Other arguments
What things should be capable of ownership?
(a)
Property is a dynamic concept
K. Grey “Property in Thin Air” (1991) 50 Cambridge Law Journal 252
R Chambers, An Introduction to Property Law, Thomson LawBook Co
2008 pp 13-29
(b)
Property in information?
- International News Service v Associated Press (1918) 248 US 215
- Victoria Park Racing v Taylor (1937) 58 CLR 479 Dixon and Evatt JJ
(c)
Property in the human body?
Doodeward v Spence (1908) 6 CLR 406
R.Atherton “Who owns your body? (2003) 77 ALJ 178
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D.
Protecting Property Rights
(a)
Protection afforded proprietary versus non-proprietary rights
- Cowell v Rosehill Racecourse (1937) 56 CLR 605 Latham CJ
(b)
Causes of action to protect proprietary rights
- Chambers, An Introduction to Property Law, p 57 - 65
(i) trespass
(ii) conversion
(iii) detinue
(iv) other wrongs
(c)
Remedies
(i) direct enforcement
(ii) compensation
(iii) restitution
II
THE IMPORTANCE OF POSSESSION
A.
Introduction
B.
The importance of possession in the context of personal property
C.
(a)
finders rights
- Parker v British Airways Board [1982] 1 QB 1004 Donaldson and
Eveleigh LJ
- National Crime Authority v Flack(1998) 156 ALR 501
Waverley Borough Council v Fletcher [1995] 4 All E R 756
The Tubantia [1924] All ER 615
(b)
the rights of a possessor against a third party
- The Winkfield [1900-3] All ER 346 (CA)
Adverse possession of real property
See Bradbrook: Chap 16
(a)
(b)
Possession of land gives rise to a proprietary interest:
Cannot set up ius tertii:
Superior right is in prior possessor:
Asher v Whitlock (1865) LR 1 QB 1
Perry v Clissold [1907] AC 73
Additional Reference: Dockray, “Why do we need
Possession?” [1985] Conv 272
Adverse
The provisions of the Limitation Act WA 1935 and 2005:
Limitations Act 1935 ss.4, 5, .30 and s36
Limitations Act 2005 ss3(6), 19(1) and (2), 65(1), 66, 75 and 76.
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(c)
The elements of Adverse Possession:
(i) Person entitled has been dispossessed or has discontinued
possession;
(ii) Actual possession by some other person not entitled to possession
(the “Adverse Possessor”);
 Factual possession
 Intention to possess (animus possidendi)
Is the adverse possessor’s use of the land required to be
inconsistent with the owner’s use?
(iii) Actual possession by the Adverse Possessor continues for 12
years
See generally for the elements of adverse possession:
Clement v Jones (1909) 8 CLR 133 (HCA)
Bucks CC v Moran (1989) 2All ER 225 Slade LJ
Petkov v Lucerne Nominees (1992) 7 WAR 163
See also, *Riley v Penttila [1974] VR 547
*Red House Farms (Thorndon) Ltd v Catchpole [1977] Estates
Gazette 295 *Powell v McFarlane (1979) 38 P & CR 452
(d)
Running of the limitation period
(i) Adverse possessor abandons possession
(ii) Series of adverse possessors
 Where adverse possessors “claim through" one another
 Where adverse possessors are “independent trespassers”
Mulcahy v Curramore Pty Ltd [1974] 2 NSWLR 464 Bowen CJ
See also s65(2) and (3) Limitation Act 2005
(e)
Postponement of commencement of period, or extension or
suspension of Limitation Period:
(i) Infancy and disability, s16. Note s18 (30 years utmost allowance)
See also ss30 – 36, 41, 42 and 52 Limitation Act 2005
(ii) Concealed fraud, s27
See also s38 Limitation At 2005
(f)
Methods by which “person entitled” can stop time from running:
(i) Asserting right
 By physical entry onto the land
*Shaw v Garbutt (1996) 7BPR 14,816
 By court proceedings
*Symes v Pitt [1952] VLR 412 “Litigate first, negotiate later”.
See also s84 Limitation Act 2005
(ii) Admission, s15
See also ss45 – 50 Limitation Act 2005
(g)
The effect of adverse possession on:
(i) The person dispossessed
(ii) The title of the adverse possessor
Fairweather v St Marylebone property Co [1963] AC 510 Lord Radcliffe
Note the operation of s7 Limitation Act 1935
(h)
Adverse Possession and the Torrens System
S68,222 and 223 Transfer of Land Act 1893
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III
THE PHYSICAL DIMENSIONS OF REAL PROPERTY
A.
The traditional starting point: cujus est solum eius est usque ad coelum
et ad inferos
B.
Subsurface and Minerals
- Edwards v Sims (1929) 24 SW (2d) 619 (Ken CA) 194
- Woolley v AG of Victoria (1877) 2 App Cas 163 (PC)
C.
Air Space
- Graham v Morris [1974] QR 1 WB Campbell J
- Davies v Bennison (1927) Tas L. R. 52
-Lord Bernstein of Leigh v Skyways [1978] 1 QB 479 Griffiths J
- Damage by Aircraft Act 1964 (WA).
D.
Water
(a) Riparian rights
(b) Water flowing in an undefined channel
- Acton v Blundell (1843) 13 Ex 289 Tindal CJ
- Chasemore v Richards [1843-60] All ER 77 (HC)
(c) Application of common law in Australia?
- Gartner v Kidman (1961-62) 109 CLR
- Kennedy v Minister of Works [1970] WAR 102 Hale J
(d) The role of legislation in relation to water
E.
Fixtures – on the cusp of Real and Personal Property
(a) What is a fixture?
- Holland v Hodgson [1861-73] All ER 237
- Reid v Smith [1906] 3 CLR 656 (HCA) Griffith CJ
- Eon Metals v State Taxation (WA) (1991) 22 Aust Tax. Rep 601 Ipp J
(b) Rights as to fixtures
- Hobson v Gorringe [1897] 1 Ch 182
- Kay's Leasing v C.S.R. [1962] VR 429 Adam J
(c) Encroachment and Fixtures
- Brand v Chris Building Society [1957] VR 625 Hudson J
- s. 122, 123 Property Law Act
Additional References: Bradbrook: Chap 15
12
IV
ABORIGINAL RIGHTS TO LAND AT COMMON LAW
A.
Basis of recognition of native title: principles of equality
B.
The common law approach to the competing rights of Indigenous people
and European settlers
- Johnson v McIntosh (1823) 21 US 240 Marshall Cj
C.
Acceptance of native title in the common law world
D.
Common Law Native Title in Australia
(a) The principles
- Milirrpum v Nabalco 1971
- Mabo v State of Queensland (No 1) (1988) 83 ALR 14 (H.C.A.) (Headnote
only)
- Mabo v State of Queensland (No 2) (1992) 175 CLR 1 Brennan J
(b) Extinguishment of native title:
- Wik v The State of Qld (1997) 141 ALR 129 Excerpt Toohey postscript
- Fejo on behalf of Larakia v Northern Territory (1998) 156 ALR 721 para 1011 and 42-59
- Yanner v Eaton (No 1) (1999) 201 CLR 351
- R Bartlett, “Western Australia v Ward” (2002) AMPLA
-Cth v Yarmirr (2001) 184 ALR 113 para 40-61 and 67-68
(c) Proof and content of native title:
- WA v Ward (2002) 213 CLR 1
- Members of the YortaYorta Aboriginal Community v Vic (2002) 214 CLR 422
at 439-447 and 453-466
(d) Relationship between common law native title and Native Title Act
Additional reference:
Richard Bartlett "Native Title in Australia", Lexis Nexis, second edition, 2004.
G McIntyre “Noongar Native Title Case” 33 (2006) Brief (Nov) 17
V.
THE COLONISATION OF AUSTRALIA: CROWN OWNERSHIP AND THE
DOCTRINE OF TENURES
A
The Development of the doctrine of tenures from feudalism in Western
Europe.
(a) The doctrine addresses questions of the terms on which land is held.
Free tenure
Unfree tenure
Tenures Abolition Act 1660
(b) The adoption of the Doctrine of tenures in Australia
Mabo v Queensland (No 2) supra
13
B
Doctrine of tenure provides foundation for Land Act 1898. Now Land
Administration Act 1997:
•
s.41-51 Reserves, including National Parks, Aboriginal Reserves
•
s.101-110 Pastoral Leases
“Western Australia, An Atlas of Human Endeavour, 1829 – 1979”
Doctrine of tenures and Land Acts provide foundation for disposition and
management of Crown real property and resources:
Minerals
Petroleum
Forests
Water
Mining Act 1978
Petroleum Act
Conservation and Land Management Act
Water Rights and Irrigation Act
Additional References
Bradbrook, Chapter 2.
A Davidson & A Wells, “The Land, the Law and the State: Colonial Australia
1788-1890”, (1984) Law in Context 89.
VI.
ESTATES AND INTERESTS IN LAND AT COMMON LAW AND EQUITY
A.
Introduction - The Doctrine of Estates:
(a)
Estates – the period of time for which land might be held.
Freehold:
Life estate
Fee tail estate
Fee simple estate
Leasehold
Property Law Act 1969, s.23, 37, Wills Act 1970 s.26(e)
(b)
The Doctrine of Waste
Reconciles rights of estate holders e.g. between life tenant and
reversioner.
(c)
Determinable and Conditional Estates
(d)
Future and Equitable Estates and Interests
(e)
Distinguish vested and contingent future interests
•
•
reversion and remainder
vested and contingent
(f)
Problems of legal future interests and the development of equitable
estates and interests – the use
(g)
Introduction to the “Rule against Perpetuities” in Western Australia
Additional References
Bradbrook, Chapter 2, 8.
14
B.
Legal Estates and Interests
C.
Equitable Interests
(a)
Interest Arising from a Specifically Enforceable Contract
(i)
Sale of Land
Lysaght v Edwards (1876) 2 Ch D 499 at 504-507
Bunny Industries Ltd v FSW Enterprises [1982] Qd R 712
But note:
*Tanwar Enterprise Pty Ltd v Cauchi (2003) 217 CLR 315
(ii).
Agreement to Lease
Walsh v Lonsdale (1882) 21 Ch.D 9
Lighting by design (Aust) Pty Ltd v Cannington Nominees Pty
Ltd [2008] WASCA 23 para 1- 101
And see:
*Chan v Cresdon (1989) 168 C.L.R. 242
(iii) Agreement to grant mortgage
Theodore v Mistford 219 ALR 296
– For example, mortgage by deposit of title deeds.
(b)
Express Trusts
(c)
Conduct and Unconscionability
(i)
Constructive Trust
Baumgartner v Baumgartner (1987) 164 CLR 137 Mason,
Wilson and Deane JJ
(ii)
Resulting Trust
(iii)
Estoppel
Crabb v Arun District Council [1976] 1 Ch 197 Lord Denning MR
(iv)
Restrictive Covenant
Tulk v Moxhay (1848) 41 ER 1143
D.
"Mere Equities"
Latec Investments Ltd v Hotel Terrigal (1965) 113 CLR 265 Menzies J
E.
Formalities of Creating and Conveying Legal and Equitable Interests
(a) History
(b) Legislative Reform
s 4 Statute of Frauds 1677 (Imp)
ss 33 & 34 Property Law Act 1969 (WA) ("PLA")
15
(c) Part Performance
Marist Bros Community Inc v Shire of Harvey (1995) WAR 69
Lighting by design (Aust) Pty Ltd v Cannington Nominees Pty
Ltd [2008] WASCA 23 para 1- 101
Theodore v Mistford 219 ALR 296
DA Ipp and AN Siopis "Formalities Relating to Contracts for the Sale of
Land Revisited" (1989) 19 WALR 301.
See Bradbrook: Chap 5
VII: ENFORCEABILITY - PRIORITIES BETWEEN INTERESTS
A
Prior Legal Interest v Subsequent Legal interest
B.
Prior Legal Interest v Subsequent Equitable Interest
Northern Counties Fire Insurance Co v Whipp (1884) 26 Ch D 482
Walker v Linom [1907] 2 Ch 104 Parker J
C.
Prior Equitable Interest v Subsequent Legal Interest
Pilcher v Rawlins (1872) LR 7 Ch 259 Sir G Mellish LJ
- "purchaser": Nisbet & Potts [1906] 1 Ch 386.
- "notice": Jared v Clements [1902] 2 Ch 399.
D.
Equitable Interest v Equitable Interest
Rice v Rice (1853) 61 ER 646
E.
Mere Equity
Latec Investment v Hotel Terrigal (supra)
F.
ss 3 & 4 Registration of Deeds Act 1856-1974 (WA)
See Bradbrook: Chap 3,
VIII: CONCURRENT OWNERSHIP: CO-OWNERSHIP
A.
Nature
B.
Types of Co-ownership
C.
(a)
Joint Tenancy
The Four Unities
Jus Accrescendi
(b)
Tenancy in Common
Comparison between Joint Tenancy and Tenancy in Common
16
D
Creation of Co-ownership
(a)
(b)
E
F
At Law
absence of unities
words of severance
In Equity
-
Unequal Contributions to Purchase Price
*Lake v Gibson (1729) 21 ER 1052
Bull v Bull [1955] 1 QB 234 Denning LJ
Baumgartner v Baumgartner supra Mason, Wilson and
Deane JJ
-
Mortgagees
ss 67, 68 PLA
-
Partners
Lake v Craddock (1732) 24 ER 1011
Rights and Obligations between Co-owners
(a)
Duty to Pay Rent and Right to Occupy
Luke v Luke (1936) 36 SR (NSW) 310
(b)
Improvements and Repairs
Brickwood v Young (1905) 2 CLR 387 Griffith CJ
(c)
Rents and Profits
S 27 Statute of Queen Anne 1705 (Imp)
Henderson v Eason (1851) 117 ER 1451
(d)
Alienation
Severance of Joint Tenancy
*Corin v Patton (1990) 92 ALR 1
Lyons v Lyons [1967] VR 169
G
Termination of Co-ownership
(a)
Methods
(b)
Partition or Sale
Pt XIV PLA
See Bradbrook: Chap 10
17
PART THREE
Calendar of Lectures – Approximate
Schedule
Week commencing
1
March 3
2 Classes
I
Concept of Property
2
March 10
2 Classes
I/II
Concept of Property / Possession of
Personal Property
3
March 17
2 Classes + Tutorial 1
II
Possession of Personal Property/Adverse
Possession
4
March 24
1Class(EasterMonday
holiday) + Tutorial 1
II
Adverse Possession
5
March 31
2 Classes + Tutorial 2
II
Adverse Possession
Subsurface/Minerals/Water/Airspace
6
April 7
2 Classes + Tutorial 2
III
Fixtures
April 14
2 Classes + Tutorial 3
7
April 21
Non-teaching Study
Break
IV
8
April 28
2 Classes + Tutorial 3
V
Aboriginal Rights at Common Law/
Colonisation/Doctrine of Tenure & Estates
9
May 5
2 Classes + Tutorial 4
VI
Estates & Interests
10
May 12
2 Classes +Tutorial 4
VI
Formalities
11
May 19
2 Classes + Tutorial 5
VII
Priorities
12
May 26
2 Classes + Tutorial 5
VII
Priorities /Co-ownership
13
June 2
2 Classes +Tutorial 6
VII
Co-ownership
(Joint tutorial)
Fixtures/Aboriginal Rights at Common Law
18
PART FOUR
General information
The Law School has a range of rules, policies and procedures that apply to all LLB
units, unless expressly varied by the unit co-ordinator. They should be read in
conjunction with this unit outline. A summary of the general rules, policies and
procedures ca be found at http://www.lawstudents.law.uwa.edu.au/ or in hard copy
available from the Law School office, ground floor, Law Link building.
As the rules, policies and procedures are updated from time to time, students should
ensure that they consult the latest version. The version applicable to this unit is the
January 2008 edition.
The summary of the general rules covers the following:

Ethical Scholarship, Academic Literacy and Academic Misconduct

Academic Conduct Essentials (ACE)

Equity and Diversity in the Law School

Use of Inclusive Language

Students with Special Needs

Lectopia

Where to Direct your Enquiries

Contacting Staff in the Law School

Assignments:

o How to submit your Assignment
o Obtaining an Assignment Cover Page – the Assignment Cover Page
Generator
o Extensions
o Late Submission of Assignments
o Exceeding Word or Page limit
o Handing back and collecting assignments
Assessment:
o
o
o
o
o
Deferred Exams
Requests for Special Consideration
Supplementary Exams
Appeals Against Academic Assessment
Scaling
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CHARTER OF STUDENT RIGHTS AND RESPONSIBILITIES
The Charter of Student Rights and Responsibilities sets out the fundamental rights and
responsibilities of students and their organisations at UWA. It recognises that excellence in
teaching and learning requires students to be active participants in their educational
experience. It upholds the ethos that in addition to the University's role of awarding formal
academic qualifications to students, the University must strive to instil in all students
independent scholarly learning, critical judgement, academic integrity and ethical sensitivity.
The Charter also recognises that students are central to a dynamic University community. In
doing so, the University recognises the importance of student rights, responsibilities and
opinion and encourages diversity within the student body.
For the full text of the charter, please refer to:
http://www.secretariat.uwa.edu.au/home/policies/charter
STUDENT GUILD CONTACT DETAILS
The University of Western Australia Student Guild 35 Stirling Highway Crawley WA 6009
Phone: (+61 8) 6488 2295 Facsimile: (+61 8) 6488 1041 E-mail:enquiries@guild.uwa.edu.au
Website: http://www.guild.uwa.edu.au
20
PART FIVE
Tutorials
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