The latest Part of the Australian Law Journal contains the following articles: “Dixonian Legalism and its Adherents: Assessing the Place for Policy Choices under “Strict and Complete Legalism” in Theory and Practice” – Ned Hirst; “Discrimination Against Employees of Religious Schools in Australia, US and the EU – A Comparison in Light of Human Rights and Deliberative Democracy” – Robert Mężyk; and “Resolving Conflicts at the Interface of Public and Private Law” – Ellen Roc. This Part also includes the following sections: Current Issues; Conveyancing and Property; Environmental Law; International Focus; and Obituary: The Hon John Cain.
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.
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: “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 EPLJ includes the following articles: “The adequacy of the law in satisfying society’s expectations for major projects” – The Hon Justice Brian J Preston; “Striving for best practice in environmental governance and justice: Reporting on the inaugural Environmental Democracy Index for Australia” – Guy J Dwyer and Judith A Preston; “Practical precautions, reasonable responses: How South Australia’s planning regime adapts to the coastal impacts of climate change” – John Watson; and “Ecuador’s Yasuní-ITT initiative for mitigating the impact of climate change” – Tammy Vallejo Silva and Martin Calisto Friant. There is also a review of the following book: Climate Change and Coastal Development Law in Australia by Justine Bell.
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.
The last Part for Volume 19 of the Local Government Law Journal publishes an article by Hanna Jaireth and Madeleine Figg which sketches the context for the enactment of the EPBC Act and explains that intergovernmental arrangements have been contentious since its passage, outlining the nature and purpose of bilateral assessment and approval agreements, stakeholders’ responses to the Australian Government’s One-Stop-Shop policy, and recent reviews of the Act. Also in this Part is a Digest of Cases and a Local Government and Planning Law Guide Cases section.
Thomson Reuters is pleased to announce the appointment of Professor Paul Babie as the Section Editor for a brand new South Australia Section in Property Law Review. As part of an ongoing enhancement project, we are commissioning a range of new sections to bring subscribers property law insights from academics and practitioners around Australia and internationally. ...more
The latest Part of EPLJ publishes the following articles: “Is the fox still guarding the henhouse? Mining and environmental protection in South Australia” – Paul Leadbeter and Dr Alexandra Wawryk; “Deliberative participation, environmental law and collaborative governance: Insights from surface and groundwater studies” – Cameron Holley and Darren Sinclair; “The silence of the plan: Will the Convention on Biological Diversity and the Ramsar Convention be implemented in the Murray-Darling Basin?” – Emma Carmody; and “Culpability versus liability: Is the polluter ultimately liable for cleaning up groundwater contamination in Victoria?” – Mia Louise Livingstone.