1 x 10-hour on-line exercises weekly
^ = may be enrolled concurrently
1 Admission into JD-Juris Doctor
2 ^ LLAW9602 - Legal Analysis and Problem Solving
Must Satisfy: (1 and 2)
Assignment(s), Examination(s), Test(s), Oral
Topic description
This topic will introduce students to fundamental principles of real property law, particularly the Torrens system in Australia. It provides knowledge of the nature of various proprietary interests in land, their creation and enforceability at law and equity. The topic covers statutory schemes and registration for land under Torrens system, and common law principles relating to general land law. The topic includes a variety of other subjects, such as the doctrines of tenure and estates, native title, leases, easements, and mortgages.
Educational aims
The topic aims to enable students to understand the:

  • creation and enforceability of proprietary interests under the Torrens and general law systems, and statutory schemes of registration under the Torrens system
  • principles by which ownership of land in South Australia under the Torrens System is established
  • nature of private and public ownership of land in South Australia, including native title
  • doctrines of tenure and estates (including the division of ownership at any particular time and the division over time) and the nature of legal and equitable interests in land
  • range of proprietary interests in land; in particular, mortgages, easements, leases, and restrictive covenants
Expected learning outcomes
It is expected that as a result of work in this topic, students will:

  1. demonstrate a knowledge and understanding of creation and enforceability of proprietary interests, statutory schemes of registration, acquisition and disposal of proprietary interests, concurrent ownership, proprietary interest in land owned by another and mortgages;

  2. demonstrate ability to:

    (a) understand approaches to ethical decision making;

    (b) recognise and reflect upon, and a developing ability to respond to, ethical issues likely to arise in professional contexts;

    (c) recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community; and

    (d) exercise professional judgment,

    in the context of real property law;

  3. demonstrate ability to:

    (a) identify and articulate complex legal issues;

    (b) apply legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues;

    (c) engage in critical analysis and make reasoned and appropriate choices amongst alternatives, and

    (d) demonstrate sophisticated cognitive and creative skills in approaching legal issues and generating appropriate responses,

    in the context of real property law;

  4. demonstrate intellectual and practical skills needed to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, as well as to identify, research, evaluate and synthesise relevant factual, legal and policy issues in the context of real property law;

  5. demonstrate ability to:

    (a) communicate in ways that are effective, appropriate and persuasive for legal and non-legal audiences; and

    (b) collaborate effectively,

    in the context of real property law;

  6. demonstrate ability to:

    (a) learn and work with a high level of autonomy, accountability and professionalism, and

    (b) reflect on and assess their own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development.