Queensland

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

Australian Law Journal update: Vol 92 Pt 5

By Journal Alerts on July 17, 2018

The latest Part of the Australian Law Journal contains the following articles: “Young’s ‘Fact finding made easy’ in Refugee Law: A Former Practitioner’s Perspective” – Douglas McDonald-Norman; “Hear No Evil, See No Evil, Speak No Evil … and, Read No Evil: Confiscation of Literary Proceeds under Australian Criminal Property Confiscation Legislation” – Dr Natalie Skead; and “Aggravating and Mitigating Factors in Sentencing: Comparing the Views of Judges and Jurors” – Kate Warner, Julia Davis, Arie Freiberg, Caroline Spiranovic and Helen Cockburn. This Part also includes the following sections: Current Issues; Conveyancing and Property; Around the Nation: Northern Territory; Personalia; Recent Cases; and Books.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged “Fact finding made easy” (2006) 80 ALJ 454, “Justice State of the Nation” Address, #MeToo, aggravating and mitigating factors in sentencing, ALJ, Angelina Gomez, Appointment of Queen's Counsel, Arie Freiberg, Around the Nation: Northern Territory, book review, Brendan Edgeworth, Can You See the Mountain? A Legal Journey with a Few Diversions, Caroline Spiranovic, Cheryle King, Commonwealth, Conveyancing and property, criminal property confiscation legislation, Current issues, Douglas McDonald-Norman, Dr Natalie Skead, Ellis v Pell, Emily Vale, Helen Cockburn, Hon Dean Mildren AM RFD QC, Julia Davis, Justice François Kunc, Justice Gregory Geason, Justice Kim Hargrave, Justice Michael Baumann AM, Justice Peter Davis, Justice Sarah Derrington, Justice Shan Tennent, Kate Warner, literary proceeds of crime, Personalia, Peter Heerey, Queensland, Recent cases, refugee status determination (RSD), Robert Angyal SC, Ruth CA Higgins SC, Solicitor-General Kristen Walker QC, Susan Milne, Tasmania, Victoria | Leave a response

Australian Law Journal update: Vol 92 Pt 2

By Journal Alerts on April 20, 2018

The latest Part of the Australian Law Journal contains the following articles: “Security for Costs in Unfunded Federal Class Actions: Back to the Future” – Vince Morabito and Naomi Hatcher; and “The Unresolved Problem of Expert Evidence” – Thomas Kearney. This Part also includes the following sections: Current Issues; Conveyancing and Property; Statutory Interpretation; The Legal Observer; Personalia; Family Law; and Recent Cases.

Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Australian Law Reform Commission, Brendan Edgeworth, Chief Justice Marilyn Warren, class actions without commercial litigation funders support, constructional choice, Conveyancing and property, costs of expert evidence, Current issues, Emily Vale, excessive costs and inappropriate correspondence, executive policies on entry of foreign nationals, expert evidence, Fair Work (Registered Organisations) Act 2009 (Cth), family law, Hate Speech Law reform, High Court Judge James Edelman, increasing the minimum age of criminal responsibility, Industrial Relations: Fair Work Act 2009 (Cth), institutional responses to child sexual abuse, Justice François Kunc, Justice John Byrne AO RFD, leases and certainty of duration requirement, McNab v Graham [2017] VSCA 352, Michael Pelly, migration: protection visas, Modern Slavery Law reform, Naomi Hatcher, new Commonwealth Attorney-General, OPCAT ratified, Personalia, potential for expert bias, Queensland, Recent cases, relief for proprietary estoppel, Richard Ingleby, Robert Angyal SC, Ruth C A Higgins SC, Statutory interpretation, The Hon John Basten, The Legal Observer, third party litigation funding in class actions, Thomas Kearney, Victoria, Vince Morabito | 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

Environmental and Planning Law Journal update: Vol 34 Pt 3

By Journal Alerts on May 8, 2017

This Part of the Environmental and Planning Law Journal includes the following articles: “Environmental decision-making in the Anthropocene: Challenges for ecologically sustainable development and the case for systems thinking” – Laura Schuijers; “Should a general ‘duty of care’ for the environment become a centerpiece of a ‘next generation’ environment protection statute?” – Neil Gunningham; “Victorian ecologically sustainable forest management: Pt III – Regulatory theory and modality” – Rhett Martin; “Anything goes? Performance-based planning and the slippery slope in Queensland planning law” – Philippa England and Amy McInerney; “REDD+ and forest fires: Implications for the legal and policy forest fire management framework in Indonesia” – Laely Nurhidayah, Zada Lipman and Shawkat Alam.

Posted in Environmental and Planning Law Journal (EPLJ), Journals, Update Summaries | Tagged Amy McInerney, climate change, duty of care for the environment, ecologically sustainable forest management, environmental impact assessment law, EPLJ, forest fire management framework, Indonesia, Integrated Planning Act 1997 (Qld), Laely Nurhidayah, Laura Schuijers, Neil Gunningham, performance-based planning, Philippa England, Queensland, REDD+, Rhett Martin, Shawkat Alam, sustainability goals, Victoria, Zada Lipman | 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: 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: 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

Invitation for Submissions – The Queensland Lawyer

By Rachael Lane on July 2, 2014

What is The Queensland Lawyer? The Queensland Lawyer is a high quality refereed journal which has, for over 30 years, provided coverage of the latest legal developments in Queensland. Both intellectual and practical, The Queensland Lawyer publishes topical articles, comments, reviews and notes, as well as selected cases from the District Court, appeals from the Magistrates ...more

Posted in News & Insight, Queensland Lawyer, The (Qld Lawyer) | Tagged Andrew West, case notes, journals, Qld, Queensland, Queensland Lawyer, Sections, submissions, Submit an article | Leave a response

Australian Law Journal update: May 2014

By journals team on May 5, 2014

The latest Part of the Australian Law Journal includes the following articles: “A response to Professor Finn’s “Fiduciary reflections”” – Andrew Eastwood and Luke Hastings; “The principle in Suttor v Gundowda Pty Ltd: Back to the drawing board” – Paul A Walker; and “Under the oak tree: Institutional reform in the deep north” – Andrew Trotter and Harry Hobbs. Also in this Part are the following sections: Current Issues, Conveyancing and Property, Overseas Law, International Focus and Recent Cases.

Posted in Australian Law Journal, The (ALJ), Update Summaries | Tagged Acting Justice Peter W Young AO, ALJ, Andrew Eastwood, Andrew Trotter, Colin Picker, Conveyancing and property, Current issues, fiduciary law, Harry Hobbs, institutional reform, International focus, Luke Hastings, Overseas law, Paul A Walker, Peter Butt, Professor Paul Finn, Queensland, Recent cases, Ryszard Piotrowicz, Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 | Leave a response

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