Australian Property Law

This important book introduces the conceptual framework of interests in real and personal property. Carefully selected case and legislation extracts from across Australian jurisdictions are discussed in detail, and relevant principles highlighted. The commentary evaluates the area of law, status and effect of key decisions, and subsequent judicial and legislative developments. References to further secondary materials are provided. Each chapter contains review questions and answer guides, outlining how to approach questions and apply relevant case law and legislation. The sixth edition has been fully revised to incorporate recent developments in case law and legislation, including:

• Bosanac v Commissioner of Taxation (HCA, 2022): resulting trust and presumption of advancement
• Price v Spoor (HCA, 2021): adverse possession
• SPIC Pacific Hydro Pty Ltd v Chief Commissioner of Taxation (2021, SCNSW); Valuer General v AWF Prop Co 2 Pty Ltd (2021, VSCA): wind turbines as fixtures
• Canary Wharf (BP4) T1 Ltd v European Medicines Agency (2019, EWHC): frustration of a lease
• Sidoti v Hardy (2021, NSWCA): wrong description of registered land
• Huang v 18 Woodville Holding Pty Ltd (2023, NSWCA): tenancy at will; RPA 1900 (NSW) s 42(1)(d)
• Aussie Skips Recycling Pty Ltd v Strathfield Municipal Council (2020, NSWCA): easements
• Carey-Evans & Quist as Executors Estate of Carey-Evans v Wenhao Wu (2022, NSWLEC): easements
• updated commentary on:

• electronic execution of deeds
• electronic conveyancing and the National Electronic Conveyancing Law
• priority notices, electronic registration and electronic certificates of title in Qld, NSW and SA
• registration of profits à prendre under the Torrens system
• limits on compensation for deprivation of an interest from registration under the Torrens system: RPA 1900 (NSW) s 129(2(a)–(p)

Features

• Clear explanatory writing style
• Case centred approach
• Plentiful examples of difficult issues
• Review questions throughout to consolidate learning

Related Titles

• Cameron-Dow & Cantatore, LexisNexis Questions and Answers: Property Law, 4th ed, 2020
• Edgeworth, Quick Reference Card: Property Law, 3rd ed, 2020
• Jackman & Werren, LexisNexis Study Guide: Property Law, 2nd ed, 2015
• Viglianti-Northway, Understanding Real Property Law, 2015
• Webb & Stephenson, Focus: Land Law, 5th ed, 2020

About the Author

Samantha Hepburn is one of Australia’s preeminent legal scholars. Her research involves the examination of a range of different property, land and natural resource issues.

Samantha is a Professor in the law school at Deakin University. Her books on land and property law, mining and energy law, and equity and trusts have been prescribed and referred to throughout Australia, New Zealand, Asia and the Pacific. Her research and publications have focused upon a range of areas including the regulation of natural resource interests, climate and environmental law, land law, native title jurisprudence, trusts, water law, the scope and nature of equitable property interests.