units

LAW5018

Faculty of Law

18 September 2017 27 April 2024

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.

Monash University

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

Offered

City (Melbourne)

  • Trimester 3 2016 (Day)

Synopsis

NOTE: This unit should be undertaken only by students who undertook Principles of Property Law LAW5006 in/after Trimester 2 2016. Those who undertook Principles of Property Law LAW5006 before that time should enrol in Advanced Property B LAW5009.

This course builds upon the Principles of Property Law course in relation to Land Law, set within the context of priority disputes. The unit examines: resulting trusts and constructive trusts in relation to land, concurrent ownership including the rights and duties of co-owners, 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 and noting 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)

Ms Claire Kaylock (Trimester 3)

Prerequisites

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

Prohibitions

LAW5009