DESCRIPTION

The course introduces students to the Fijian 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
A.

THE FIJIAN LEGAL SYSTEM

1.

The nature of law, and of Australia as a federation

2.

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

B.

LIABILITY

1.

Contract

2.

Torts (including Negligence, Nuisance and Trespass)

C.

PROPERTY LAW

1.

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
2.

Dealings with Land

Acquisition, Disposal

Title: General Law (Old System); Torrens System; Strata & Community Titles
3.

Boundaries

Legal Principles of Boundary Determination

Encroachment

Fences
4.

Private Regulation of Land Use

Easements

Restrictive Covenants
5.

Public Regulation of Land Use

Subdivision of Land

Building Approvals

Planning & Environment Legislation

Development Approvals

D.

REGULATION OF THE PROFESSION OF SURVEYING

1.

The Surveying Act 2002