Course overview
The course explores the nature and rationale of proprietary interests in personal property, including security interests. It also challenges students to consider how the law is addressing and adapting to changes in technology and business models that affect how personal property is created and subsequent transactions associated with these newer forms of property. Topics in the course include the taxonomy of property law; ownership, acquisition and disposition of personal property; the Personal Property Securities Act 2009 (Cth); the gap between persons and property - human tissue, DNA; rights to intangible things including information and breach of confidence and intellectual property rights; collective property rights, eg geographical indicators, certification trade marks, access to resources; big data and the internet of things; bitcoin and cryptocurrencies; the Sharing Economy.
Course learning outcomes
- Apply the essential principles, and identify the legal issues that arise out of complex fact situations concerning rights affecting personal property
- Discuss and apply key features of the Personal Property Securities Act 2009 (Cth)
- Critically analyse and evaluate contemporary controversies and unresolved questions in personal property law and canvass proposals for reform