Sackville & Neave Australian Property Law provides a comprehensive review of property law covering the creation, transfer and enforceability of interests in real and personal property in all Australian jurisdictions. The opening chapters clearly explain the conceptual issues that underpin and define the ambit of property law to provide a sound foundation for understanding this complex area. The book then examines four broad issues with which the law of property is concerned: the fragmentation of proprietary interests, the acquisition and transfer of proprietary interests, the enforceability of proprietary interests, and related priority issues. The rules regulating the creation and enforcement of particular interests in land, including leases, easements, restrictive covenants and mortgages, are also analysed and explained.
The twelfth edition has been fully revised and updated with important recent developments in case law and legislation. It details the changes to be introduced by the Property Law Act 2023 Qld. It also updates the coverage of the Torrens System to take account of fundamental changes in conveyancing practice. There are new sections on electronic conveyancing, digital assets, compensation for the extinguishment of native title, and future acts on native title land. New cases include:
Northern Territory v Griffiths (quantifying native title compensation)
Yunupingu v Commonwealth (native title and just terms compensation)
Gomeroi People v Santos (future acts)
Deguisa v Lynn (indefeasibility and covenants in registered instruments)
MAPA Pearls Pty Ltd v Haliotis Fisheries Pty Ltd (limits of in personam exception)
Price v Spoor (scope of extinguishment of property rights by the Limitation Acts upon the expiry of an accrued cause of action)
Queensland v Morecroft (doctrine of conversion; statutory compensation to mortgagees and purchasers under void mortgages)
Bosanac v Commissioner of Taxation (resulting trusts)
Features
Covers key cases and legislation and emerging issues in real and personal property law
Comprehensive analysis enables in-depth understanding of the subject area
Fully revised and updated to align with Property Law course work
Clear and accessible format is easy to navigate
Related Titles
Anderson, Property Law: Concepts and Doctrine, 2021
Andrew Godwin is an Associate Professor, Director of Transactional Law and Director of the Graduate Program in Banking and Finance Law at Melbourne Law School.
Leon Terrill is a Senior Lecturer in the University of New South Wales law school. He formerly worked as a senior lawyer with the Central Land Council, Alice Springs.
William Rimmer is a Barrister-at-Law at the Victorian Bar and a former lecturer in Property Law at Melbourne Law School and the Australian Catholic University.