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.
Professor Brendan Edgeworth teaches at the University of New South Wales. Professor Edgeworth’s teaching and research interests span property law, housing law, law and social theory, and legal history. He is actively involved in the reform of property law and housing law.
Dr Cathy Sherry is a Senior Lecturer in the Faculty of Law at the University of New South Wales. She researches and teaches in the rapidly growing area of strata and community title. Her research covers the technical, theoretical and comparative aspects of urban development and has been published in Australian and international journals.
Dr Pamela O’Connor is a Professor of Law at the University of the Sunshine Coast. She teaches and researches in property law. Her research interests include issues in registered title systems, new property, comparative property law, law and economics, and regulatory aspects of property law. She has served with the Victorian Law Reform Commission as Commissioner with primary responsibility for two reports and remains involved in property law reform.
Associate Professor Paul Babie, University of Adelaide
Associate Professor Pieter Badenhorst, Deakin University
Professor Sharon Christensen, Queensland University of Technology
Mr Thomas Gibbons, McCaw Lewis, New Zealand
Mr Lynden Griggs, University of Tasmania
Professor Samantha Hepburn, Deakin University
Mr Michael Kleinschmidt, Stratum Legal, Queensland
Associate Professor Kelvin Low, Singapore Management University
Professor Pamela O’Connor, University of the Sunshine Coast
Ms Jennifer Stuckey-Clarke, Barrister-at-Law, 15 Wardell Chambers Sydney
Dr Eileen Webb, Curtin University
Professor Gregory Alexander, Cornell University
Professor Susan Bright, University of Oxford
Professor Roger Cotterrell, Queen Mary, University of London
Professor Susan Fletcher French, University of California, Los Angeles
Professor SH Goo, University of Hong Kong
Professor Kevin Gray, University of Cambridge
Associate Professor Larissa Katz, Queens University, Canada
Dr Christopher Rossiter, formerly Professor of Law, University of New South Wales
Professor Joseph William Singer, Harvard University
Mr Jeremy Stoljar SC
The Honourable Justice Margaret Stone, Federal Court of Australia
Professor Andre van der Walt, Stellenbosch University
Dr Eileen Webb, Curtin University
Professor Michael Weir, Bond University
Dr Lyria Bennett Moses, University of New South Wales
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For the individual contents pages for each Part, click here.
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.
Property Law Review Vol 4 Pt 1 (November 2014) is available online now. Topical section notes authored by professional and academic experts in a broad range of property law related subject areas and jurisdictions have been introduced into the Property Law Review journal, including Strata and Community Title, Consumer Issues, New Zealand, Singapore, South Africa, New South Wales, and Queensland.