Research Essay
The first assessment will be an essay question with a word limit of 1500 words. The purpose of this assessment is to allow students to explore some of the general legal theory, policy issues and doctrine that arise in current property law and to develop skills in legal research. There are six essay questions to choose from, only one of which must be attempted, namely:
- The concept of “property” is elusive. In fact, it is impossible to place any legal parameters on the concept of property. Discuss.
- The doctrine of tenure is moribund in the twenty-first century. Lawyers would do better to note the concept as an historical anachronism and then rule out its relevance to twenty-first century Australian society. Discuss.
- An examination of Indigenous land claims before and after Mabo v Queensland (No 2) (1992) 175 CLR 1 demonstrates that law can be an instrument of oppression and control for the hegemonic power. Discuss.
- Is the doctrine of adverse possession appropriate to the Torrens system in the twenty-first century? Discuss.
- Space is the final frontier for property law. Recently, there has been speculation about the possible detection of Dyson spheres – see for example:
How, if indeed at all, might a Dyson sphere be integrated into existing property law regimes? - There is little point having a caveat procedure in the Torrens system, if an unregistered interest holder’s failure to caveat does not always constitute postponing conduct. Discuss. To reiterate, students must only attempt one of these questions.
Students must indicate the question number (i.e., write the number) on the front coversheet attached to their paper. Students must also type the question at the top of the first page of the essay. These words, along with the footnotes and bibliography, will be excluded from the overall word count.
With regards to referencing, please follow the Australian Guide to Legal Citation (fourth edition). The Guide can be viewed online:
research essay (excluding footnotes and bibliography)
Assessment Criteria
Six criteria will be used:
- Identifies the relevant principles of property law.
- Develops a persuasive and well-reasoned response to the question.
- Intelligently utilizes relevant research sources including cases, journal articles, books and legislation.
- Writes clearly, concisely and within the word limit.
- Correctly cites authorities and references other people’s work using AGLC4 format.
- Structures the analysis in a logical way (using headings where appropriate).
Research Essay: Property Law
Assessment Overview:
This research essay is a 1500-word assignment designed to help students explore legal theory, policy issues, and doctrines within contemporary property law. Students are required to select one of six essay questions, focusing on key topics such as the concept of property, the doctrine of tenure, Indigenous land claims, adverse possession, the Torrens system, or futuristic issues like Dyson spheres.
Key Requirements:
- Select one essay question and clearly indicate the question number.
- Provide a well-structured essay using logical headings where appropriate.
- Conduct thorough legal research using cases, journal articles, books, and legislation.
- Follow the Australian Guide to Legal Citation (AGLC4) for footnotes and references.
- Develop a persuasive, well-reasoned argument within the 1500-word limit.
Approach by Academic Mentor
The academic mentor guided the student through a step-by-step process to ensure all assessment criteria were met:
- Question Selection:
The mentor helped the student understand each question’s scope and select the one most aligned with their knowledge and research resources. - Research and Source Collection:
Relevant case law, journal articles, textbooks, and legislation were identified. The mentor emphasized credible and authoritative sources to strengthen the essay. - Outline Development:
A structured essay plan was created including introduction, main body, and conclusion, with headings and subheadings to address key points. - Drafting the Essay:
- Introduction: Defined the scope, objectives, and relevance of the selected topic.
- Body: Discussed principles of property law, supported by legal sources, case examples, and critical analysis.
- Conclusion: Summarized key findings and reinforced the argument.
- Referencing and Formatting:
The mentor guided the student to properly apply AGLC4 citation rules for all references and footnotes. - Review and Revision:
Drafts were reviewed to ensure clarity, conciseness, logical flow, and adherence to the word limit.
Outcome and Learning Objectives Covered
- Outcome Achieved:
A well-researched, logically structured, and correctly cited 1500-word essay was completed, addressing the selected property law question with critical analysis. - Learning Objectives Covered:
- Understanding key principles and doctrines of property law.
- Developing persuasive legal arguments.
- Applying legal research techniques using credible sources.
- Mastering structured academic writing and AGLC4 citation.
- Enhancing analytical and critical thinking skills in legal contexts.
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