Paul Babie

Property Law Review update: Vol 7 Pt 3

By Journal Alerts on November 26, 2018

The latest Part of the Property Law Review includes the following content: “Asset Protection and NSW Stamp Duty: A Symbiosis” – Rebecca Barbou; “Overriding Statutes and Torrens – Developing a Response to Torrens’s ‘Greatest Legal Enemy'” – Lynden Griggs; “Improving Housing Security through Tenancy Law Reform: Alternatives to Long Fixed Term Agreements” – Chris Martin; “Public Nuisance Claims in Climate Change Litigation: How Useful Are They?” – Jana Norman; “Sharing Property: Multi-owned Property Workshop – Sarah Blandy, Clare Mouat and Cathy Sherry; Queensland: “The Human Body and Private Property: Sperm Harvesting” – Sharon Christensen; New Zealand: “The Land Transfer Act 2017 – Part 1” – Thomas Gibbons; and United States: “Joint Bank Account Held by Husband and Wife – Presumption of Tenancy by the Entirety – Severance on Withdrawal by One” – John Orth. This issue also includes the following section: Editorial; and Book Reviews.

Posted in Journals, Property Law Review (Prop L Rev), Update Summaries | Tagged asset protection and NSW stamp duty, Book reviews, Cathy Sherry, Chris Martin, City of New York v BP plc, City of Oakland v BP, Clare Mouat, David Brown, Editorial, improving housing security, Jana Norman, John Orth, joint bank account held by husband and wife, Law of Personal Property, Lynden Griggs, multi-owned property workshop, New Zealand, overriding legislation and the Torrens system, Paul Babie, Peter Burdon, presumption of tenancy, Prop L Rev, public nuisance claims in climate change litigation, Queensland, Rebecca Barbour, Sarah Blandy, severance on withdrawal, Sharon Christensen, sperm harvesting, Sunburnt Country, tenancy law reform, The Land Transfer Act 2017 Part 1, Thomas Gibbons, United States | Leave a response

Property Law Review update: Vol 7 Pt 2

By Journal Alerts on June 6, 2018

The latest Part of the Property Law Review includes the following content: “Migratory Boundaries of Coastal Properties in Cases of Artificially Caused Erosion” – Brent Michael; “Better Protecting Native Title and Indigenous Land Use Agreements in Queensland: A New Class of Easement?” – Tim Wishart and Margaret Stephenson; “Up in the Air(bnb): Can Short-term Rentals Be Tamed?” – Laura Schatz and Rebecca Leshinsky; Essay: “Baseball, Friendship, Law and Property” – Paul Babie; Consumer Issues: “A Law of Neighbours: Views, Sunlight, and Intervention” – Lynden Griggs; Singapore and Hong Kong: “Recent Developments: Presumed Resulting Trusts, Vitiating Factors for Trusts, Interrupting Adverse Possession, and Abandonment of Leasehold Covenants” – Kelvin Low and Alvin See; United States: “Joint Tenancy – Severance – Unilateral Severance without Notice to Other Joint Tenant” – John Orth; South Australia: “The Annual Rent Threshold Triggering the Application of the Retail and Commercial Leases Act 1995 (SA)” – Paul Babie; and Victoria: “Part Performance: When It Is the Context that Counts” – Vanessa Johnston. This issue also includes the following section: Editorial; General Editor and South Australia Editor – Paul Babie.

Posted in Journals, Property Law Review (Prop L Rev), Update Summaries | Tagged abandonment of leasehold covenants, Airbnb, Alvin See, artificially caused erosion, Baseball Friendship Law and Property, Brent Michael, Consumer Issues, doctrine of accretion and erosion, Editorial, Essay, Indigenous Land Use Agreements ("ILUAs"), John Orth, joint tenancy severance, Kelvin Low, Laura Schatz, littoral boundaries to coastal properties, Lynden Griggs, Margaret Stephenson, movement of mean high-water mark, Native Title Act 1993 (Cth), neighbourhood disputes relating to plants, Paul Babie, Prop L Rev, Rebecca Leshinsky, Retail and Commercial Leases Act 1995 (SA), short-term rentals (STRs), Singapore and Hong Kong, South Australia, Tim Wishart, United States, Vanessa Johnston, Victoria, Vlahos Pty Ltd v Vlahos [2017] VSCA 166 | Leave a response

Property Law Review update: Vol 7 Pt 1

By Journal Alerts on February 9, 2018

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.

Posted in Journals, Property Law Review (Prop L Rev), Update Summaries | Tagged "careless mortgagee" provisions, book review, developments in the doctrine of part performance, Div 4 of Pt 6 of the Property Law Act 1974 (Qld), Editorial, Eileen Webb, Electronic Conveyancing National Law, Electronic Conveyancing National Law (ECNL), fiduciary duties of trustees, forged mortgages, indefeasibility, instalment contracts for sale of land, intertribal common law, intratribal common law, Jason Jones, John Orth, John Watson, joint tenancies and judgment debts, Kelvin Low, MSD Securities Pty Ltd v MFB Properties (NQ) Pty Ltd (No 2), Natalie Skead, Paul Babie, Penny Carruthers, Prop L Rev, property law issues in Western Australia, Property Rights and Climate Change: Land Use Under Changing Environmental Conditions, Queensland, real property laws of the Eastern Band of Cherokee Indians, Sharon Christensen, Singapore, Torrens indefeasibility, Transfer of Land Act 1893 s 105(3)–(5), verification of identity, VOI, W D Duncan, Western Australia | Leave a response

Property Law Review update: Vol 6 Pt 3

By Journal Alerts on July 19, 2017

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.

Posted in Journals, Property Law Review (Prop L Rev), Update Summaries | Tagged Akintunde Otubu, Axel Timpe, blockchains, bodies corporate, book review, Brett Harding, Cathy Sherry, compulsory acquisition without compensation, electronic conveyancing, electronic transactions, Frank Lohrberg, fraudulent dealings in land, James Scheibner, land administration, Land Use Act 2004 (Nigeria), legislative innovation in Australian real property law, Lilli Lika, Lionella Scazzosi, Lynden Griggs, New Zealand, Paul Babie, positive covenants, priority notices, Prop L Rev, Real Property (Electronic Conveyancing) Amendment Act 2016 (SA), Real Property (Priority Notices and Other Measures) Amendment Act 2015 (SA), Rod Thomas, Rouhshi Low, Sharon Christensen, South Australia Torrens titles, successors in title, Thomas Gibbons, Tighe v Pike [2016] QCA 353, unit titles, Unit Titles Act 2010 (NZ), Urban Agriculture Europe, verification of identity | Leave a response

Property Law Review update: Vol 6 Pt 2

By Journal Alerts on December 12, 2016

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.

Posted in Journals, Property Law Review (Prop L Rev), Update Summaries | Tagged action in private nuisance, action in trespass to land, Airbnb, boarders and lodgers, body corporate decisions, common intention constructive trusts, Consumer Issues, contractual licensee, Eileen Webb, electronic conveyancing, equitable accounting, exclusive use of common property air space, Federal Commissioner of Taxation v Oswal (No 6), former Soviet Union, Hill v Tupper, indefeasibility of mortgages, Kelvin Low, landlord and tenant, Lynden Griggs, Michael Kleinschmidt, natural resource consents, New Zealand, numerus clausus principle, Oscar S Han, Paul Babie, priority between unregistered interests, Prop L Rev, Property Exchange Australia (PEXA), proprietary estoppel, PSAL Pty Ltd v Raja, Queensland, real estate agents code of conduct, regulation of private property, residential tenancy agreement, resulting trusts, sharing economy, Sharon Christensen, Singapore, South Australia, Strata and Community Title, Thomas Gibbons, Ukraine, unreasonable opposition by lot owner, WD Duncan, Western Australia | Leave a response

Property Law Review update: Vol 6 Pt 1

By Journal Alerts on October 6, 2016

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.

Posted in Journals, Property Law Review (Prop L Rev), Update Summaries | Tagged "constitutional guarantee", “safe harbour” requirements, action for account, adverse possession, Bill Dixon, bona vacantia, Carey Gulley Squatter, common law extinguishment, compulsory acquisition of property, defence of laches, environmental protection, escheat, fair compensation, implied easements, Islamic charitable trusts, Jennifer Stuckey-Clarke, Kelvin Low, MA Stephenson, Mabo v Queensland (No 2), native title, New South Wales Land and Environment Court (NSWLEC), Paul Babie, Paulina Fishman, possessory title, Prop L Rev, public trust, Queensland Land Registry, Queensland v Congoo (2015) 256 CLR 239; 89 ALJR 538; [2015] HCA 17, reasonable steps to verify identity, Retail Shop Leases Act 1994 (Qld), Retail Shop Leases Amendment Act 2016 (Qld), section 51(xxxi) of the Australian Constitution, Sharon Christensen, Singapore, South Australian Torrens land, Torrens indefeasibility, trustee duty to account, Upper Mooki Landcare Inc v Shenhua Watermark Coal Pty Ltd (2016) 216 LGERA 40; [2016] NSWLEC 6, VOI Standard, wakafs | Leave a response

Property Law Review update: June 2016

By Journal Alerts on June 30, 2016

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.

Posted in Journals, Property Law Review (Prop L Rev), Update Summaries | Tagged Archana Mishra, boundary disputes, Cadastre 2034, collective sales, coparcenary claims, developments, digital cadastre, easements, Eileen Web, geodetic defined land boundaries, Hindu inheritance law, Hindu Succession (Amendment) Act 2005 (IND), indefeasibility, India, Kelvin Low, leases, Lynden Griggs, mortgagee’s right to possession, native title, New Zealand, Nigerian inheritance law, Paul Babie, Prop L Rev, proprietary rights of widows and children, rent review provisions, residential parks, Singapore Torrens system, South Australia, specific legatees, succession, T Kehinde Adekunle, Thomas Gibbons, tribal women, uncertainty, Western Australia, Westpac Banking Corporation v Chamberlain, women’s equal right to property | Leave a response

Property Law Review update: December 2015

By Journal Alerts on December 11, 2015

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.

Posted in Journals, Property Law Review (Prop L Rev), Update Summaries | Tagged Chris Martin, Claremont 24-7 Pty Ltd v Invox Pty Ltd (No 2), Cohen v Shires, commercial necessity, contracts, conveyancing, covenants, Crime, defect, doctrine of notice, Eileen Webb, electronic signatures, Electronic Transactions Act 2011 (WA), encumbrancers, extinguished security interests, FACS Housing, High Court of Australia, Hin Ting Liu, inference of express trust, Kingsway Finance v Wang Qingyi [2015] 1 HKLRD 260, Korda v Australian Executor Trustees (SA) Limited, Lynden Griggs, Mchattie and King, Meridian Bay Restaurant (Pty) Ltd v Mitchell 2011 (4) SA 1, New Zealand, Paul Babie, PJ Badenhorst, prior personal right, priority of interests, Prop L Rev, public housing (NSW), Queen Elizabeth the Second National Trust Act 1977 (NZ), Queensland, relief against lease forfeiture, Rod Thomas, Rouhshi Low, seller disclosure, Sharon Christensen, South Australia, statutory encumbrances, subrogation, tenancy law, Thomas Gibbons, unjust enrichment, Western Choice Pty Ltd v Lenz Corp Pty Ltd | Leave a response

Property Law Review update: September 2015

By journals team on September 21, 2015

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.

Posted in Property Law Review (Prop L Rev), Update Summaries | Tagged animals as property, Cassandra Campbell, caveats, Commonwealth Bank of Australia v Psevdos, compulsory acquisition, Consumer Issues, contractual damages, equitable mortgages, indefeasibility, Kelvin Low, Ken Kanjian, land contract, Lynden Griggs, online ownership rights, Paul Babie, PJ Badenhorst, praedial servitude, Prop L Rev, proprietary estoppel, Registrar-General of New South Wales v Jea Holdings (Aust) Pty Ltd, Sebastian Greenway, Sharon Christensen, strata scheme termination, subterranean space, Wei Wen | Leave a response

Property Law Review update: December 2014

By journals team on December 18, 2014

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.

Posted in Property Law Review (Prop L Rev), Update Summaries | Tagged body corporate adjudicators, cadastral system, caveat, Consumer Issues, deeds registration system, developers, Eileen Webb, environmental protection, equitable jurisdiction, Glen Anderson, Kelvin Low, Le Cornu and Kurda v Place on Brougham Pty Ltd [2013] SADC 32, leases, Lynden Griggs, Melkamu B Moges, Michael Kleinschmidt, Paul Babie, PJ Badenhorst, Pnina Levine, Prop L Rev, Queensland, Sharon Christensen, Shropshire’s case, Singapore, South Africa, South Australia, Stephen Lumb, Strata and Community Title, Tasmanian Law Reform Institute, Torrens system, Western Australia | Leave a response

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