LAW3402 Property B Script Notes from Monash University. 90-page HD-level exam-focused summary covering proprietary interests in equity, co-ownership, the Torrens system, and priority rules. A detailed legal script designed for success in property law assessments.

  • Class Year
  • 2025
  • Grade
  • HD
  • Number of Pages
  • 90
  • Staff Rating
  • 4.5/5
Check the notes preview and download a free sample

Notes Preview

This document contains comprehensive Property B (LAW3402) HD Script Notes, designed for law students at Monash University or other Australian law schools following a similar curriculum. With 90 pages of detailed, exam-focused legal content, this resource supports mastery of advanced real property law concepts, especially within the Victorian statutory framework.

The course builds directly on Property A, diving into proprietary interests governed by equity and common law principles. Students are guided through the intricate legal mechanics of co-ownership of both land and goods. A significant portion of the material is dedicated to analyzing the Torrens System, a cornerstone of Australian land law.

Key Areas Covered:

  • Proprietary Interests in Equity

    • Constructive trusts

    • Resulting trusts

    • Estoppel-based rights

  • Co-ownership

    • Legal vs equitable co-ownership

    • Joint tenancy and tenancy in common

    • Severance of interests and dispute resolution

  • Torrens System of Land Registration (Victoria)

    • Transfer of Land Act 1958 (Vic)

    • The process of registration and caveats

    • Indefeasibility of title: meaning, rationale, and scope

    • Exceptions to indefeasibility including fraud and paramount interests

  • Unregistered Interests and Priorities

    • Legal vs equitable priority rules

    • Impact of notice

    • Role of the caveat system

  • Compensation Mechanisms under Torrens

    • Wrongful registration

    • Mistaken removal of caveats

    • State liability

Learning Outcomes Based on Unit Description:

  • Demonstrate integrated legal understanding of property law in equity and statute

  • Apply critical thinking and legal analysis to complex problem-solving scenarios

  • Interpret judicial decisions and legislative provisions with clarity

  • Evaluate priority disputes and registration-based conflicts

  • Communicate legal reasoning effectively under time-pressured exam conditions

Why Use These Notes:

  • Created in 2025, fully up-to-date with latest case law and statutory references

  • Structured in a clear, script-friendly format for exam recall

  • Helps streamline study during mid-semester or final exam revision

  • Ideal for students aiming for HD (High Distinction) in LAW3402

  • Also suitable as a teaching guide for tutors or academic support roles

You must log in and be a buyer of this download to submit a review.