Property Law in Australian Society
Author | : University of Wollongong. Faculty of Law |
Publisher | : |
Total Pages | : |
Release | : 1992 |
Genre | : Property |
ISBN | : |
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Author | : University of Wollongong. Faculty of Law |
Publisher | : |
Total Pages | : |
Release | : 1992 |
Genre | : Property |
ISBN | : |
Author | : A. R. Buck |
Publisher | : Federation Press |
Total Pages | : 180 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9781862876347 |
In 1847, in one of the most important cases in Australian legal history, the Chief Justice of NSW, Sir Alfred Stephen, handed down a decision that would have profound implications for both the development of Australian property law and the property rights of the Aboriginal peoples of Australia. The case was Attorney General v Brown, and in his decision Stephen CJ ruled that the laws of property in Australia were governed by feudal principles. The shadow cast by Attorney General v Brown has been a long one, stretching down to the decision in Mabo and beyond. Judicial thinking and much legal scholarship continues to emphasise a connection between the feudal origins of the English law and the state of contemporary Australian property law, thereby perpetuating a "nostalgic" view of Australian property law. This book, in contrast, argues that the feudal imprint on property in Australia had been "washed away" by the early 1860s and that the decades of the early nineteenth century witnessed the making of a distinct Australian property law. Egalitarianism, rather than feudalism, this book argues, shaped the emergence of Australian property law. This book situates legal development in its social and political context, re-evaluating the relationship between political ideas, social values and law reform in early Australia.
Author | : Keiran Hardy |
Publisher | : Taylor & Francis |
Total Pages | : 270 |
Release | : 2024-10-15 |
Genre | : Business & Economics |
ISBN | : 104013310X |
What is the ‘rule of law'? How do laws get made? Does our legal and political system achieve justice for all Australians equally? Designed for beginners as well as non-law students, this textbook provides a comprehensive and accessible guide to understanding Australia's system of law and government. Law in Australian Society explains legislation and case law, courts, and the doctrine of precedent. Keiran Hardy examines the roles played by parliaments, politics, and the media. He explains founding principles, including democracy, liberalism, the separation of powers, and federalism. Human rights and justice are highlighted, with an emphasis on First Nations Peoples and the law. The book explains criminal responsibility and the justice system, including police powers and the criminal trial. It concludes with case studies of cybercrime and counterterrorism laws to illustrate law reform in action. This second edition has been fully updated throughout, including recent legislation, cases, and topical issues from Australian law and politics, including from the COVID-19 pandemic and the recent referendum on an Indigenous Voice to Parliament. Each chapter features practical examples, chapter summaries and review questions together with a glossary of key terms. Concise, accessible and up-to-the-minute, this is a vital guide for anyone seeking to understand Australian law and government.
Author | : Mark Davison |
Publisher | : Cambridge University Press |
Total Pages | : 807 |
Release | : 2016 |
Genre | : Law |
ISBN | : 1107472296 |
Updated to include recent important developments in Australian intellectual property law, this is an essential text for students and professionals.
Author | : Anthony P. Moore |
Publisher | : |
Total Pages | : 1361 |
Release | : 2016 |
Genre | : Real property |
ISBN | : 9780455237886 |
Australian Property Law: Cases and Materials, 5th Edition remains a comprehensive collection of statutes, cases and reference material on Australian real and personal property with notes and questions to provoke fuller understanding and matters for reconsideration.
Author | : Samantha J. Hepburn |
Publisher | : Psychology Press |
Total Pages | : 498 |
Release | : 2001 |
Genre | : Law |
ISBN | : 1876905085 |
This comprehensive text covers all of the materials relevant to property law in a detailed and thorough manner. The second edition examines the basic tenants of property law,as well as specific property interests such as land interests and the way in which these interests are conveyed, registered and co-ordinated.The book considers the development of native title as a legally recognised form of property in Australia and how such an interest sits within the common law and statutory infrastructure. Principles of Property Law is a vital book for students studying this complex area and is also a valuable addition to the library of academics and practitioners interested in this field.
Author | : Samantha Hepburn |
Publisher | : Cavendish Publishing |
Total Pages | : 497 |
Release | : 2006-02-28 |
Genre | : Law |
ISBN | : 1843142236 |
This text examines basic tenets of property law such as the doctrine of estates, legal and equitable interests, methods of registering and prioritising interests in property. It also examines specific property interests and the way in which interest is conveyed, registered and co-ordinated.
Author | : Hossein Esmaeili |
Publisher | : Cambridge University Press |
Total Pages | : 347 |
Release | : 2016-09-22 |
Genre | : Law |
ISBN | : 1316679519 |
The Boundaries of Australian Property Law offers a unique perspective on real property law in Australia. As the overwhelming majority of land interests in Australia now fall under the Torrens title system, this book's particular focus on the development and operation of the Torrens system in Australia is both timely and welcome. Addressing the prescribed Priestly 11 requirements for a property law subject in Australia, this informative and academically rigorous book includes carefully selected statutory material and case law from all Australian jurisdictions, as well as the United Kingdom. The general law system is also discussed and referred to where necessary, to give context and depth to the analysis of real property law. Written by prominent real property law academics from law schools around Australia, and edited by Hossein Esmaeili and Brendan Grigg, this text is a modern and much-needed addition to real property law literature.
Author | : University of Wollongong. Faculty of Law |
Publisher | : |
Total Pages | : |
Release | : 1993 |
Genre | : Property |
ISBN | : |
Author | : Michael Nancarrow |
Publisher | : Cambridge University Press |
Total Pages | : 1588 |
Release | : 2022-09-30 |
Genre | : Law |
ISBN | : 1009284509 |
Australian Property Law: Principles to Practice is an engaging introduction to property law in Australia. Covering substantive law and procedural matters, this textbook presents the law of personal and real property in a contemporary light. Australian Property Law details how property law practice is transformed by technology and provides insights into contemporary challenges and risks. Taking a thematic approach, the text covers possession of goods and land, land tenure, estates and future interests, property registration systems, Indigenous land rights and native title, social housing, Crown land and ethics. Complex concepts are contextualised by linking case law and legislation to practical applications. Each chapter is supported by digital tools including case and legislation boxes with links to the full source online, links to useful online resources, multiple-choice questions, review questions and longer narrative problems. Australian Property Law provides an essential introduction to the principles and practice of property law in an ever-changing technological environment.