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 land law. This unit focuses on the nature and creation of interests in land. It provides students with a comprehensive introduction to the Torrens system of land registration, the creation of security and other interests in land including mortgages, easements, restrictive covenants and leases, co-ownership and the transfer of interests in land.

Requisites

Prerequisites
LAW20013 Property Law

Rule

62.5 credit points in law

Teaching periods
Location
Start and end dates
Last self-enrolment date
Census date
Last withdraw without fail date
Results released date
Semester 2
Location
Hawthorn
Start and end dates
29-July-2024
27-October-2024
Last self-enrolment date
11-August-2024
Census date
31-August-2024
Last withdraw without fail date
13-September-2024
Results released date
03-December-2024
Teaching Period 3
Location
Online
Start and end dates
04-November-2024
09-February-2025
Last self-enrolment date
17-November-2024
Census date
29-November-2024
Last withdraw without fail date
27-December-2024
Results released date
04-March-2025
Teaching Period 2
Location
Online
Start and end dates
07-July-2025
05-October-2025
Last self-enrolment date
20-July-2025
Census date
01-August-2025
Last withdraw without fail date
22-August-2025
Results released date
Semester 2
Location
Hawthorn
Start and end dates
04-August-2025
02-November-2025
Last self-enrolment date
17-August-2025
Census date
31-August-2025
Last withdraw without fail date
19-September-2025
Results released date
09-December-2025

Learning outcomes

Students who successfully complete this unit will be able to:

  • Describe and evaluate the Australian land law registration system and related policy debates and reform proposals
  • Locate and interpret land law applicable to interests in land, including concurrent ownership
  • Effectively use legislation and case law to address factual situations and communicate responses about rights and obligations in land
  • Conduct land law related research and use the results of that research to develop a legal argument

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 
Written AssignmentIndividual 30 - 50% 1,2,3,4 

Content

  • The nature and scope of interests in land
  • Torrens system of land registration including the concept of indefeasibility and the exceptions thereto and the treatment of unregistered interests
  • Co-ownership
  • The acquisition and disposition of interests in land
  • Interests in land owned by another person
  • Mortgages
  • The assurance fund
  • Ownership of chattels and fixtures
  • Leases
  • Easements and restrictive covenants

Study resources

Reading materials

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