A course of sixty-two classes during the academic year.
SYLLABUS
The course is concerned with an analysis of the basic principles of the law of property.
59
This study transcends the traditional boundaries of real and personal property, although for reasons of time and convenience, most topics to be discussed are those usually considered under the rubric of "real property".
The course commences with an inquiry into the meaning of the concept of property and the purposes that are or ought to be fulfilled by the law of property. There is then a critical analysis of some of the traditional concepts and classifications adopted by the common law in the context of a study of the law of fixtures. The following topics are discussed:
possession as a proprietary interest in land and goods; some basic concepts such as seisin and title; the fragmentation of proprietary in- terests, including the doctrines of tenure and estates, an introduction to future interests, the rules relating to concurrent proprietary interests;
the development of legal and equitable interests, including a comparative treatment of their nature, extent and sphere of enforceability; the free- hold estates in land with emphasis upon the reconciliation of the interests of the holder of the fee simple estate and all the community; the acqui- sition of proprietary interests, with emphasis upon gifts of choses in possession and the operation of the Limitation of Actions Act in relation to interests in land; commercial transactions involving leasehold interests in land and bailment of goods, private planning in relation to land by means of easements, restrictive covenants, profits; and a discussion of the Torrens system of registration of interests in land.
BOOKS
Prescribed for preliminary reading:
Lawson F H The Law of Property OUP 1958 Prescribed book:
• Sackville R and Neave M A Property Law Cases and Materials But- terworth 1971
Students must obtain copies of the following Acts which will be used in classes:
"Property Law Act 1958
• Transfer of Land Act 1958
*Limitation of Actions Act 1958
*Landlord and Tenant Act 1958 Recommended for reference:
Cheshire G C Modern Real Property 11th ed Butterworth 1972
Megarry R E and Wade H W R The Law of Real Property 3rd ed Stevens 1966
Jackson D C Principles of Property Law Law Book 1967 Voumard L Sale of Land 2nd ed Law Book 1965 ASSESSMENT
One 3-hours' examination paper for pass and for honours. Written work and tests or a combination of both as approved by the faculty may be required during the year as an alternative or in addition to, or as a total or partial substitute for, this paper.
730-413 RESEARCH PROJECT
A research project constitutes a piece of organized research into some area of legal knowledge or the legal regulation of some activity of legal
significance, and the compilation and submission of a written report embodying the results of such research and the conclusions to be drawn therefrom. A project normally, though not necessarily, would involve field work research into some current legal institution, phenomenon or trend. It could be undertaken by one student or by more than one student working as a team. The formal conditions and directions prescribed by the faculty for student research projects, including the procedure for obtaining the approval of the faculty for particular projects, are as follows:
1. Approval and supervision of research projects referred to in the Working Rules for the degree of bachelor of Laws shall be the responsi- bility of a faculty committee (hereinafter called the 'projects com- mittee').
2. The projects committee shall consist of four members of whom—
(a) two shall be members of the full-time teaching staff, nominated by the faculty;
(b) one shall be a Law undergraduate member of the Melbourne University Law Review executive committee, nominated by that committee.
(c) one shall be a Law undergraduate nominated by the Law Students' Society.
The members of the committee shall be appointed annually by the faculty, provided that it shall not be incumbent upon the executive committee of the Melbourne University Law Review or the Law Students' Society or either of them in any year to nominate a member of the projects com- mittee. In that event the projects committee shall consist of two mem- bers of the full-time teaching staff. The chairman of the committee shall be a member of the full-time teaching staff and shall have a deliberative and a casting vote.
3. Written applications for approval of any research project must be lodged with the chairman of the projects committee by such date as shall be notified by the faculty during January of each year.
4. Each application shall state in detail the nature, subject matter and scope of the project as well as the names of all those who propose to participate.
5. The projects committee shall have the responsibility of considering each application and communicating its decision thereon to the applicant or applicants as the case may be by the first day of March in the year of application.
6. In deciding whether to approve or withhold approval of any given project, the projects committee shall take into account, inter alia, the following:
(a) The nature and subject matter of the project.
(b) The capacity of the applicant or applicants to complete the project taking into account the time available in the light of his or their other academic commitments.
(c) The availability of a suitable supervisor.
7. The capacity of each applicant for the project for which he has applied shall be discussed and decided by the projects committee in the absence of its undergraduate members.
8. Although projects may involve more than one participant the projects committee shall not approve a project involving more than four partici- 61
pants save in exceptional circumstances. A project involving more than one participant is herein referred to as a 'multi-student project'.
9. The faculty shall provide a supervisor for each approved project.
10. The duties of the supervisor shall include:
(a) that of consulting the participants in the project at regular intervals;
(b) that of bringing to the attention of the projects committee any- thing which in his opinion is likely to hamper seriously the progress of the project in terms of Clause 18, below;
(c) that of bringing to the attention of the projects committee any facts which give rise to suspicion that an individual participant in a multi-student project is not contributing his due share of effort.
11. Each project shall be submitted in typed form to the supervisor not later than the second Monday in November of the year in which ap- proval of the project was obtained. Failure to submit the project by such date shall be regarded as equivalent to a failure to present for an examination.
12. There shall be two examiners of each project who shall be appointed by the faculty for that purpose. The examiners shall not include the project supervisor but they may if they see fit consult with him.
13. The faculty shall appoint an examination board or boards for the examination of projects subject to the University Statutes and Regula- tions and the directions of the Professorial Board.
14. Projects involving more than one participant shall be graded as a whole for examination purposes and each participant shall receive the same grade, except as follows:
(a) Where the supervisor of a project has acted in accordance with Clause 10(c) above, the examination board may admin- ister an oral or written examination to any individual partici- pant, and may as a consequence of such examination, award individual grades;
(b) Where any individual participant is forced on grounds of ill- health or other misfortune to withdraw from a project, the provisions of Clause 18(b) hereof shall apply;
(c) In the case of a project exercise which is of such quality as to be regarded by the examiners as in itself attaining Honours standard, awards of an Honours grade may be made to one or more individual participants provided that no such award shall be made in any case unless the participant had satisfied the examiners of his suitability for the same in an oral examin- ation to be conducted by them or by any two or more of them.
15. If a project fails to gain a pass, or is abandoned, the faculty shall determine whether the person or persons concerned may participate in another project in a subsequent year, or whether the course must be completed by taking other degree subjects.
16. Applications for special consideration on grounds of ill-health or other misfortune (including, in the case of multi-student projects, the withdrawal of a participant or participants) shall be made to the faculty committee appointed to consider such cases generally (hereinafter called the 'special consideration committee').
17. The special consideration committee may, if it considers that the
requisite case has been made out, recommend that the examiners adopt any of the following courses of action:
(a) to grant an extension of time for the completion of the project, or
(b) to grade the project on the basis of the work already done; or (c) to administer a special examination, oral or written, in the
subject matter of the project.
18. Where a multi-student project is affected by ill-health or other mis- fortune (including the withdrawal of a participant or participants), the following additional provisions apply:
(a) Any participant may, and the supervisor must, bring the facts to the attention of the projects committee. The committee may in such a case decide that the project must be abandoned, or it may In suitable circumstances restructure or redesign the project so as to make it susceptible of completion in the light of those facts. Action along these lines by the committee does not prevent or prejudice the making of an application for special consideration under Clause 16, above.
(b) Where any individual participant is forced on grounds of Ill- health or other misfortune to withdraw from a project he may apply to the special consideration committee and request that his work to date be graded Individually. That committee may, if it considers this suitable, recommend to the examiners accordingly.