Overview

This unit enables students, through the study of cases, statutes and other materials, to acquire a comprehensive knowledge and understanding of, and competence in, Australian property law. This unit introduces students to the interests in real and personal property recognised by law, including their acquisition and disposition. As well as examining the concept of ‘property’ itself, the unit considers the distinction between personal and real property, and between ownership and possession. It also deals with the recognition of native title and aspects of environmental law.

Requisites

Prerequisites

75 credit points in Law units

Teaching periods
Location
Start and end dates
Last self-enrolment date
Census date
Last withdraw without fail date
Results released date
Semester 1
Location
Hawthorn
Start and end dates
03-March-2025
01-June-2025
Last self-enrolment date
16-March-2025
Census date
31-March-2025
Last withdraw without fail date
24-April-2025
Results released date
08-July-2025
Teaching Period 1
Location
Online
Start and end dates
10-March-2025
08-June-2025
Last self-enrolment date
23-March-2025
Census date
04-April-2025
Last withdraw without fail date
02-May-2025
Results released date
01-July-2025
Teaching Period 3
Location
Online
Start and end dates
03-November-2025
08-February-2026
Last self-enrolment date
16-November-2025
Census date
28-November-2025
Last withdraw without fail date
02-January-2026
Results released date
03-March-2026

Learning outcomes

Students who successfully complete this unit will be able to:

  • Describe and evaluate Australian property law and related policy debates and reform proposals
  • Locate and interpret legislation and case law applicable to property law
  • Apply property law to factual situations and effectively formulate written arguments for a legal audience
  • Conduct research to solve problems related to Australian Property Law and communicate the results of that research

Teaching methods

Hawthorn

Type Hours per week Number of weeks Total (number of hours)
On-campus
Class
3.00 12 weeks 36
Online
Lecture
1.00 12 weeks 12
Unspecified Activities
Independent Learning
8.50 12 weeks 102
TOTAL150

Swinburne Online

Type Hours per week Number of weeks Total (number of hours)
Online
Directed Online Learning and Independent Learning
11.50 12 weeks 138
Live Online
Class
1.00 12 weeks 12
TOTAL150

Assessment

Type Task Weighting ULO's
ExaminationIndividual 50 - 70% 1,2,3 
Experiential Learning ExercisesIndividual 15 - 25% 1,2,3,4 
Research AssignmentIndividual 15 - 25% 1,2,3,4 

Content

  • The nature, purposes and sources of property
  • Personal and real property interests
  • Possession, and ownership in real and personal property
  • Tenure
  • Adverse possession
  • Legal and equitable interests in property
  • Fixtures
  • Native title
  • Property and the environment

Study resources

Reading materials

A list of reading materials and/or required textbooks will be available in the Unit Outline on Canvas.