Property Law Review (Prop L Rev)
Multiple perspectives on the law of real and personal property
About the Journal
Property Law Review is a peer-reviewed journal exploring important questions of real and personal property with national or international implications.
This high calibre journal publishes articles, notes, comments and reviews dealing with fundamental questions in property law, other than in relation to intellectual property. It welcomes multiple perspectives, ranging across analytical, theoretical, empirical and comparative approaches, analysis of recent developments, exploration of issues of policy and proposals for law reform.
Property Law Review offers a unique combination of intellectual rigour and commercial relevance to academics researching and teaching the law of property in its many and varied manifestations. It is also of value to commercial litigators and advisors involved in large-scale commercial transactions that can be caught up in litigation arising from the complexity of property law.
Paul Babie holds a Personal Chair of Law in the Adelaide Law School of The University of Adelaide and is Associate Dean of Law (International) of the Adelaide Law School and Associate Dean (International) of the Faculty of the Professions. He was elected a Fellow of the Australian Academy of Law in 2017. He holds a BA in sociology from the University of Calgary, a BThSt from Flinders University, a LLB from the University of Alberta, a LLM from the University of Melbourne, and a DPhil in law from the University of Oxford. Following law school he was an Associate with Howard, Mackie (now Borden Ladner Gervais (BLG)) in Calgary, Canada. He is a Barrister and Solicitor of the Court of Queen’s Bench of Alberta (Canada), and an Associate Member of the Law Society of South Australia (of which he is a Member of the Property Law Committee). His primary research interests include private law theory; property theory; and, property law; he has published and spoken extensively in these fields. He is Editor in Chief and South Australia Editor of the Property Law Review (Thomson Reuters) and an Editorial Board Member of the Journal of Law and Religion (Cambridge University Press), the Routledge Research Series in Law and Religion, the Springer Research Series in Law and Religion, and of the Forum on Religion & Ecology (FORE) @ Australia (affiliated with FORE, Yale University (USA). He teaches property law, property theory, law and religion, and Roman law.
Professor Sharon Christensen, Queensland University of Technology
Thomas Gibbons, McCaw Lewis Lawyers, New Zealand
Dr Lynden Griggs, University of Tasmania
Dr Vanessa Johnston, Monash University
Michael Kleinschmidt, Stratum Legal, Australia
Professor Kelvin Low, City University of Hong Kong
Professor John Orth, The University of North Carolina at Chapel Hill
Assistant Professor Alvin See Wei Liang, Singapore Management University
Jennifer Stuckey-Clarke, Sixth Floor Windeyer Chambers, Australia
Associate Professor Eileen Webb, Curtin University
Professor Gregory Alexander, Cornell University
Associate Professor Lyria Bennett Moses, The University of New South Wales
Professor Susan Bright, New College, University of Oxford
Professor Roger Cotterrell, Queen Mary, University of London
Professor Brendan Edgeworth, The University of New South Wales (Foundation General Editor)
Professor Emerita Susan Fletcher French, University of California, Los Angeles
Professor Say Goo, The University of Hong Kong
Emeritus Professor Kevin Gray, Trinity College, University of Cambridge
Associate Professor Larissa Katz, University of Toronto
Professor Pamela O’Connor, University of the Sunshine Coast (Foundation General Editor)
Professor John Orth, The University of North Carolina at Chapel Hill
Dr Christopher Rossiter, formerly Professor, The University of New South Wales
Associate Professor Cathy Sherry, The University of New South Wales (Foundation General Editor)
Professor Joseph William Singer, Harvard University
Jeremy Stoljar, Eight Selborne Chambers, Australia
The Honourable Margaret Stone, Inspector-General of Intelligence and Security, Australia
Associate Professor Eileen Webb, Curtin University
Professor Michael Weir, Bond University
Professor Bruce Ziff, University of Alberta
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For the individual contents pages for each Part, click here.
The latest Part of the Property Law Review includes the following content: “A Law for Modern Times: The Electronic Conveyancing National Law, Forged Mortgages and Immediate Indefeasibility” – Penny Carruthers and Natalie Skead; “‘A Grade Below Them All’: Real Property Interests on the Reservation of the Eastern Band of Cherokee Indians” – Jason Jones; “The Troubled Borderlands of Torrens Indefeasibility: Lessons from Australia and the United States” – Paul Babie and John Orth; Singapore: “Recent Developments: Fiduciary Duties of Resulting Trustees; Joint Tenancies and the Enforcement of Judgment Debts; Developments in the Doctrine of Part Performance” – Kelvin Low; Queensland: “Instalment Contracts and the Unwary Seller – A Case for Reform” – W D Duncan and Sharon Christensen; Western Australia: “Property Law Issues in Western Australia” – Eileen Webb. This issue also includes the following sections: Editorial; General Editor and South Australia Editor – Paul Babie; and Book Review.
We are pleased to announce that Professor Paul Babie has been appointed as the new General Editor of the Property Law Review. Professor Babie will replace Professor Brendan Edgeworth, Professor Pamela O’Connor and Dr Cathy Sherry who recently stepped down as General Editors. We would like to thank the outgoing General Editors for their contribution ...more
The latest Part of the Property Law Review includes the following content: “Completing the painting: Legislative innovation and the ‘Australianness’ of Australian real property law” – Paul Babie; “Blockchains, trust and land administration: The return of historical provenance” – Lynden Griggs, Rod Thomas, Rouhshi Low and James Scheibner; “Verification of identity: As simple as it seems?” – Brett Harding; “Compulsory acquisition without compensation and the Nigerian Land Use Act” – Akintunde Otubu; New Zealand: “Unit titles and bodies corporate: Simple questions and difficult answers” – Thomas Gibbons; Queensland: “Enforcing obligations in development conditions against successors in title: Heaven’s door remains closed” – Sharon Christensen; South Australia: “A never-ending story: Torrens title in South Australia and the 2015-2016 Amendments to the Real Property Act 1886 (SA)” – Paul Babie; and Book Review.
The latest Part of the Property Law Review includes the following content: “Licensee versus trespasser: Hill v Tupper resuscitated” – Oscar S Han; “Regulation and private property: The cautionary tale of Ukraine” – Paul Babie; Consumer Issues: “It’s a new day, it’s a new dawn, it’s a new life … : PEXA, electronic conveyancing, and consumers” – Lynden Griggs; Strata and Community Title: “Tragedy of the anticommons?” – Michael Kleinschmidt; New Zealand: “Are resource consents property? – Ongoing issues” – Thomas Gibbons; Singapore: “Recent developments: Resulting trusts, common intention constructive trusts, proprietary estoppel and equitable accounting” – Kelvin Low; Queensland: “Sharing your home in Queensland: Host, landlord or innkeeper?” – Sharon Christensen and WD Duncan; South Australia: “The meaning of ‘residential tenancy agreement’ in South Australia: Schaffer v Usca” – Paul Babie; Western Australia: “Recent developments: Boarders and lodgers; real estate agents code of conduct; priority between unregistered interests; the Oswal saga” – Eileen Webb.
The latest Part of the Property Law Review includes the following content: “The doctrine of extinguishment: And then there was Congoo” – MA Stephenson; “Section 51(xxxi): A ‘constitutional guarantee’ to disappoint property owners” – Paulina Fishman; “The Crown and possessory title of Torrens land in South Australia” – Paul Babie; Singapore: “Recent developments: Islamic charitable trusts, implied easements, compulsory acquisition, and laches as a defence to an action for an account” – Kelvin Low; Queensland: “Taking reasonable steps to verify identity – When are further inquiries necessary to meet the standard?” – Sharon Christensen; “Changes to the Retail Shop Leases Act 1994 (Qld)” – Bill Dixon.
The latest Part of the Property Law Review includes the following content: “Developing the ultimate cadastre: Using indefeasibility to guarantee geodetic defined land boundaries” – Lynden Griggs; “Towards women’s equal right to property: Recent judicial developments in India” – Archana Mishra; “Succession and inheritance law in Nigeria: Resolving the discriminatory proprietary rights of widows and children” – T Kehinde Adekunle; New Zealand: “Developments in easements – or easements in development?” – Thomas Gibbons; Singapore: “Recent developments: Leases, interests of specific legatees, indefeasibility and collective sales” – Kelvin Low; South Australia: “Is native title a defence to a mortgagee’s right to possession?” – Paul Babie; Western Australia: “Legislation and case law developments: Strata title; residential parks; rent review provisions and uncertainty” – Eileen Webb.
The latest Part of the Property Law Review includes the following content: “Contracts and conduct: Using tenancy law to govern crime and disorder in public housing in New South Wales” – Chris Martin; “Where property meets unjust enrichment: Subrogation to extinguished security interests” – Hin Ting Liu; Consumer Issues: “The changing face of conveyancing responsibility” – Lynden Griggs, Rouhshi Low and Rod Thomas; New Zealand: “Land covenants: Challenges and opportunities” – Thomas Gibbons; South Africa: “The South African doctrine of notice: A comparative law perspective” – PJ Badenhorst; Queensland: “Identifying statutory encumbrances for seller disclosure” – Sharon Christensen; South Australia: “Inference of an express trust on grounds of commercial necessity: Clarification by High Court” – Paul Babie; Western Australia: “Recent developments: Relief against lease forfeiture; priority of interests and electronic signatures” – Eileen Webb.
The latest Part of the Property Law Review includes the following content: “Strata scheme termination reforms and compulsory acquisition” – Cassandra Campbell; “Contractual damages and post-Sidhu proprietary estoppel: A further blow to the Statute of Frauds?” – Wei Wen; Consumer Issues: “The evolving discourse as to whether animals are property” – Lynden Griggs; Singapore: “Recent developments: Subterranean and cyber space” – Kelvin Low; South Africa: “Extinction of a praedial servitude of light” – PJ Badenhorst; New South Wales: “The omitted easement exception to indefeasiblity: Registrar-General of New South Wales v Jea Holdings (Aust) Pty Ltd” – Ken Kanjian; Queensland: “Email negotiations form a binding land contract without a “signature”” – Sharon Christensen; “Compulsory acquisition and a survey plan: Tenants must protect their rights” – Sebastian Greenway; South Australia: “Caveats and competing equitable mortgages: Commonwealth Bank of Australia v Psevdos” – Paul Babie.
The latest Part of the Property Law Review includes the following articles: “To the Register and beyond? Restrictive covenants after Westfield Management Ltd v Perpetual Trustee Company Ltd” – Corey Byrne; “Joint tenancy, fraud, agency and volunteers under the Torrens system: Cassegrain v Gerard Cassegrain & Co Pty Ltd” – Rosalind Acland; and “New real rights to land in South Africa: A twofold test” – PJ Badenhorst; and the following sections: New Zealand: “Developments in residential tenancies” – Thomas Gibbons; Singapore: “Recent developments: Sale of land, trusts and proprietary estoppel, conversion” – Kelvin Low; New South Wales: “Forgery, mortgages and indefeasibility: Perpetual Trustees Victoria Ltd v Cox  NSWCA 328” – Jennifer Stuckey-Clarke; Victoria: “Indefeasibility and the forged “all-moneys” mortgage” – Brett Harding; and Queensland: “Property law reforms in Queensland: Is the regulatory burden on land transactions reduced?” – Sharon Christensen.
The latest Part of the Property Law Review includes the following articles: “A cadastral system approach to environmental protection: A focus on Australia” – Melkamu B Moges; and “Old meets new: The rule in Shropshire’s case and the Torrens system” – Glen Anderson. Also included in this Part are the following sections: Strata and Community Title: “Equitable jurisdiction of body corporate adjudicators” – Michael Kleinschmid; Consumer Issues: ” My home is my castle: Does this principle yield when I block your view or shade the sun’s rays from you?” – Lynden Griggs; Singapore: “Recent developments around leases: Non-derogation and quiet enjoyment; Evidence Act and tenancy by estoppel; remedy of distress” – Kelvin Low; South Africa: “The South African land registration system: A case involving fraud” – PJ Badenhorst; Queensland: “Modifying easements: Living in the past” – Stephen Lumb; South Australia: “Vendors’ statements, the right to cool off and remedies: Le Cornu and Kurda v Place on Brougham Pty Ltd” – Paul Babie; and Western Australia: “Recent developments: Selling off the plan (a warning for developers); Retirement Villages Act amendments; adverse possession” – Eileen Webb and Pnina Levine.