LAW253 PROPERTY ASSIGNMENT 1st SEMESTER 2014
General Instructions (These instructions are in addition to the instructions in the Study Guide)
1. The length of your written work must not exceed 2000 Words.
2. In calculating the actual word count INCLUDE quotations and footnotes (exclude case names and citation, legislation, articles and book titles wherever cited in the footnote. Also, exclude the bibliography and the title of the essay). Indicate on the front page your word count.
3. The essay must have appropriate references and a bibliography following The Australian Guide to Legal Citation (3rd ed).
4. Deposit your written answer in the assignment box marked “LAW253 Property Assignment” at the entrance to level 2 ECL (School of Law), not later than 12 pm on Thursday 1 May (Week 10). REMEMBER Online or fax submission is NOT ALLOWED.
5. Please, refer to the Unit Information and Learning Guide regarding penalties for exceeding the word limit, late assignment, and application for extension of the deadline for submission of assignments.
6. The research and writing must primarily be the result of individual effort and skill. The University has a very strict policy against plagiarism and collusion. Check the appropriate University web page in this regard. University rules require unit coordinators to report to the Faculty Dean all incidents of suspected plagiarism or collusion for investigation. Before handing in your paper, you are strongly advised to use Turnitin software to self-check for possible plagiarism (see “What you need to know” webpage).
7. This assignment is worth 30% of the Unit assessment.
Select either topic #1 or #2.
ESSAY TOPIC 1
“The caveat scheme under the Transfer of Land Act 1893 (WA), was designed to protect unregistered claims in land registered under the Act. Judging by the courts’ interpretation of s 137(1), TLA, the scope of the claims that may give rise to a right to lodge a caveat appear to be limited. Moreover, the caveat scheme does not provide adequate protection to caveators. There is room for reform to make the scheme more effective,” (per Mal, a past law student). Do you agree? Discuss with reference to the provisions of the Transfer of Land Act 1893 (WA) and decided cases, especially, but not necessarily exclusively, Western Australian cases. Your discussion should include underlying policy consideration and suggestion for reform, if any.