Survey and Engineering Law

University of Newcastle

Course Description

  • Course Name

    Survey and Engineering Law

  • Host University

    University of Newcastle

  • Location

    Newcastle, Australia

  • Area of Study

    Engineering Science, Legal Studies, Pre-Law

  • Language Level

    Taught In English

  • Course Level Recommendations

    Upper

    ISA offers course level recommendations in an effort to facilitate the determination of course levels by credential evaluators.We advice each institution to have their own credentials evaluator make the final decision regrading course levels.

    Hours & Credits

  • Host University Units

    10
  • Recommended U.S. Semester Credits
    3 - 4
  • Recommended U.S. Quarter Units
    4 - 6
  • Overview

    The course introduces students to the Australian legal system, including aspects of the Constitution and basic legal research. It has a focus on legal issues arising in the profession and practice of engineering, with special emphasis on surveying. In particular it has a strong emphasis on the concepts and classification of real property as they relate to boundary surveyors. It also deals with statutory control of land use, with reference to the Environmental Planning and Assessment Act 1979, and the regulation and legal liability of engineers and surveyors.
    LEARNING OUTCOMES
    1. Understand: a. the constitutional framework of Australia as a federation; b. the sources of Australian law in statute and case law, and techniques for finding and interpreting the law; c. basic principles underlying the key areas of contract and tort; d. the land title and planning system in NSW, and in particular the law as it affects boundary determination;
    2. State the legal issues that arise in the practice of engineering and surveying, and to apply the law to solve problems in specific fact situations involving professional liability and real property;
    3. in relation to those issues, gain access to relevant and up-to-date information about the law, at an appropriate level, and to communicate the results of their knowledge clearly;
    4. Identify and avoid areas of potential legal liability or difficulty in practice
    5. Know when to seek specialist legal advice about a particular area.
    CONTENT
    THE AUSTRALIAN LEGAL SYSTEM
    The nature of law, and of Australia as a federation
    The sources of Australian law
    case law
    the Australian court system
    the doctrine of precedent
    statute law
    Parliamentary process and the enactment of legislation
    subordinate legislation
    statutory interpretation
    LIABILITY
    Contract
    Torts (including Negligence, Nuisance and Trespass)
    PROPERTY LAW
    Introduction to Property Law
    General Principles of Property
    Interests in Real Property: what is "land"?; the doctrines of estates & tenure, native title, fixtures, equitable vs legal rights
    Dealings with Land
    Acquisition, Disposal
    Title: General Law (Old System); Torrens System; Strata & Community Titles
    Boundaries
    Legal Principles of Boundary Determination
    Encroachment
    Fences
    Private Regulation of Land Use
    Easements
    Restrictive Covenants
    Public Regulation of Land Use
    Subdivision of Land
    Building Approvals
    Planning & Environment Legislation
    Development Approvals
    ASSESSMENT ITEMS
    In Term Test: Class Test 1
    Written Assignment: Tort and Contract Problem Question 1
    In Term Test: Class Test 2
    In Term Test: Class Test 3
    Written Assignment: Take Home Exam 3 Problem Questions

Course Disclaimer

Courses and course hours of instruction are subject to change.

Credits earned vary according to the policies of the students' home institutions. According to ISA policy and possible visa requirements, students must maintain full-time enrollment status, as determined by their home institutions, for the duration of the program.