The latest Part of the Australian Law Journal contains the following articles: “Recognition in Keeping with the Constitution” – The Hon Murray Gleeson AC; “Court-referred Alternative Dispute Resolution and Judicial Education in Australia: Perspectives from the Bench” – Nicky McWilliam, Jennifer Tridgell and Hannah Bell; and “Beware the Double-edged Sword: When Private Regulation (By-laws) Seeks to Limit Freehold Land Rights (Short-term Holiday Letting in Multi-owned Properties)” – Melissa Pocock. This Part also includes the following sections: Current Issues; Letter to the Editor; Conveyancing and Property; Constitutional Law; Around the Nation: Western Australia; Personalia; and Book Review.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged ALJ, Anne Twomey, Around the Nation: Western Australia, Body Corporate for Hilton Park CTS 27490 v Colin Robertson (Hilton Park v Robertson), book review, Brendan Edgeworth, Byrne v Owners of Ceresa River Apartments Strata Plan 55597 (Ceresa), CADR, Commonwealth Religious Freedom Legislation, Constitution, constitutional law, Conveyancing and property, Court-Referred Alternative Dispute Resolution, Current issues, DG Robertson QC, Eckart J Brödermann, Emily Vale, Equitable Easements, Fair Trading Amendment (Short-term Rental Accommodation) Act 2018 (NSW), Freehold Land Rights, Hannah Bell, Ideal Business Centres, In Personam Rights and Indefeasibility, Jeffery v Western Australia [2018] WASCA 219, Jennifer Tridgell, Justice Angus Stewart, Justice Darren Jackson, Justice François Kunc, Justice Kenneth Martin, Justice Mark Ierace, Justice Michael O’Bryan, Justice Thomas Bradley, Law Reporting in New South Wales, letter to the editor, Liability of the State, Melissa Pocock, Misconduct of Police Officers, MOP, multi-owned properties, Nicky McWilliam, O’Connor (Senior) v Proprietors, Owners Corporation PS 501391P v Balcombe, Owners Corporations Amendment (Shortstay Accommodation) Act 2018 (Vic), Personalia, Practical Legal Training Program, Private Regulation, prorogation, religious freedom, Robert Angyal SC, Senior Counsel Appointments, Sexual Assault Convictions, Simon Bronitt, South Australian Court of Appeal, Strata Plan No 51 (Pinnacle), The Curated Page, The Hon Murray Gleeson AC, Torrens system, UNIDROIT Principles of International Commercial Contracts, Unregistered Leases, Untenable Defence Case Theory, Violin Holdings, W(h)ither Law Reporting, Western Australia v Cunningham (No 3) [2018] WASCA 207 |
The latest Part of the Australian Law Journal contains the following articles: “Proportionate Liability in Commercial Cases: Principles and Practice” – Graeme S Clarke QC; “Barbaro in Queensland: Exceptionalism Again?” – H G Fryberg QC; and “Can Schools be Liable to their Staff and Students for Sun-Related Injury?” – David Hertzberg. This Part also includes the following sections: Current Issues; Conveyancing and Property; Environmental Law, Family Law, Technology and the Law; and Recent Cases.
Posted in Australian Law Journal, The (ALJ), Journals, Update Summaries | Tagged Alexie Glass-Kantor, ALJ, ALRC report on class actions, Anna Collyer, artificial intelligence tools to assist with administration of law, Artspace, Brendan Edgeworth, civil proceedings in State and territory courts, Commissioner Hayne's report, complaint against Magistrate Dominique Burns, Conveyancing and property, Current issues, David Hertzberg, Edwin Montoya Zorrilla, environmental law, family law, Graeme S Clarke QC, H G Fryberg QC, High Court in Barbaro v The Queen, Justice François Kunc, Justice Rachel Pepper, liability of schools for sun-related injuries, Lyria Bennet Moses, McFarland v Gertos, National Integrity Commission, Police Act 1892 (WA) s 137(5), proportionate liability in commercial cases, racial vilification, Recent cases, Richard Ingleby, Robert Angyal SC, Ruth C A Higgins SC, significant environmental decisions of the Federal Court, Technology and the Law, The Curated Page, Torrens system, ttorney-General v Trustees of National Art Gallery (NSW) (1944) 62 WN (NSW) 212, working reasonable additional hours |
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 [2014] 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.
Posted in Property Law Review (Prop L Rev), Update Summaries | Tagged "all-moneys" mortgage, Brett Harding, Cassegrain v Gerard Cassegrain & Co Pty Ltd, Corey Byrne, forgery, fraud, indefeasibility, Jennifer Stuckey-Clarke, joint tenancy, Kelvin Low, land transactions, Pamela O'Connor, Perpetual Trustees Victoria Ltd v Cox [2014] NSWCA 328, PJ Badenhorst, Prop L Rev, property law reform, proprietary estoppel, real and personal rights, residential tenancies, restrictive covenants, Rosalind Acland, Sharon Christensen, South African law, Thomas Gibbons, Torrens system, Westfield Management Ltd v Perpetual Trustee Company Ltd |
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 |
The latest Part of the Property Law Review includes four great articles on different aspects of property law. The first article comes from Michael Weir and Tina Hunter and discusses the structural conflict between the interests of landholders and titleholders in coal seam gas extraction. The second article is by Elizabeth Toomey and investigates the effect of the Canterbury Earthquake Recovery Act 2011 (NZ) on the established Torrens principles of land ownership. Next is the article by Richard Wu and Mohd Yazid Bin Zul Kepli which considers the global implementation of title registration systems, focusing on common law countries such as Australia, England and the United States. Finally the article by Madeline Gleeson the importance of property law, human rights and development in Cambodia.
Posted in Property Law Review (Prop L Rev), Update Summaries | Tagged Cambodia, Canterbury Earthquake Recovery Act 2011 (NZ), coal seam gas extraction, common law, development, Elizabeth Toomey, Hong Kong, human rights, Madeline Gleeson, Michael Weir, Mohd Yazid Bin Zul Kepli, private land ownership, Prop L Rev, property law, property rights, Richard Wu, Singapore, Tina Hunter, Torrens system |