Property Law

-answer ONLY parts 1 and 3.
-Maximum of 1000 words
– All headings and sub-headings are included in the word count
– Use cases/theories from the notes added.
– The exam question is labelled “LAW2FPL 2015 TAKE HOME”
– Actual instructions are included with the exam.

– Focus on the legislation/cases/theories that have been mentioned in the additional notes below
– Most topics that you need to discuss have elements that need to be satisfied. eg: for a native title claim, you need to establish: 1) membership of a group 2) traditional laws and customs 3) substantially the same 4) uninterrupted etc.

For question 3:

– Is there a particular format to follow when writing a submission? Most teachers would focus on “substance over form”, however, given the formal/examination nature of this paper you should have a quick review of VLRC submissions that have been made in the past. Google VLRC submission and several examples come up. The general structure is 1) Executive Summary/Introduction; 2) Body of law covering disputed topic; 3) Analysis of potentially different approaches to addressing the problem; and 4) conclusions supported by evidence.

– Is this question asking me to only discuss whether or not plants are considered property? Or is there more to it? No, you also need to address current laws. The sentence “opinion about weather or note plants should continue to be treated as objects of property” suggests you need to cover existing law and your own opinion if they should be changed in light of the facts provided.

– Do I mention whether or not the ‘sustainable forestry’ people can begin logging? Yes, this will form part of the conclusion based on your analysis.