Australian property law
Australian property law the australian property law group of the legal practice section of the law council of australia provides a forum for lawyers who work with real property to discuss issues at a national level, and reflects the interests of practitioners in major areas of property law. Australia: property rights index a subcomponent of the index of economic freedom, the property rights index measures the degree to which a countrys laws protect private property rights, and the degree to which its government enforces those laws. Australasian legal information institute (austlii), a joint facility of uts and unsw faculties of law. Following are links to the official version of selected key commonwealth property and land law legislation to access commonwealth legislation databases and research tools go to the subject guide for australian legislation commonwealth.
Australia's landlord and tenant laws are judged by the global property guide to be neutral between landlord and tenant both parties' rights are well-protected by each states' residential tenancy act. Australian laws relating to personal property securities (“pps”) have been messy for years, based on often incomplete state records which have never been centralised the major rationales for the reforms are that the previous laws were inflexible, outdated, and prevent product innovation[1. The uts intellectual property program is the first at an australian university that fulfils the entire educational requirements for registration as a registered trans-tasman patent attorney in australia and new zealand under the trans-tasman ip attorneys board, as well as registration as an australian trade marks attorney.
The boundaries of australian property law offers a unique perspective on real property law in australia as the overwhelming majority of land interests in australia now fall under the torrens title system, this book's particular focus on the development and operation of the torrens system in australia is both timely and welcome. The australian property law bulletin combines the currency and accessibility of online legal news sources with the expertise and discernment of our general editor and editorial board members, making it the ideal choice for a quality current awareness subscription in the property law field. Australian property legislation refers to the different schemes of regulating property rights between each jurisdiction of the states and territories in australia combining legislation and receptive of common lawdespite differing statutes, the substantive effect in each jurisdiction is quite similarthe reason there is no unified national system for regulating property is the reservation of.
Here you will find summarised property law notes for the entire monash university topic (both property a and property b) the summary notes are an excellent exam help, with steps to work out whether a particular issue is found in a problem question, and relevant precedent and case citations for that hd answer. The book retains the structure adopted in the ninth edition and incorporates various innovations, including an increased focus on the transactional context within which the substantive law operates chapter 1 deals with conceptual issues that underpin and define the ambit of property law later chapters examine four broad issues with which the law of property is concerned: the fragmentation of. The intellectual property laws amendment 24 september 2018 ip australia system upgrade ip australia is undergoing a large technology upgrade for trade marks, taking place from friday 9 november to tuesday 13 november 2018 (aedt) as part of our commitment to improving our agency and the australian intellectual property system, we.
Australian property lawyers is the leading the specialist in all property transactions from conveyancing to wills and powers of attorney call us & we will take care of the legal side of your properties. Low, rouhshi (2005) maintaining the integrity of the torrens system in a digital environment: a comparative overview of the safeguards used within the electronic land systems in canada, new zealand, united kingdom and singapore australian property law journal, 11(2), pp 155-178. For close to 25 years, australian real property law has been a preeminent land law text for students within university property law units and the practising professionthe 6 th edition continues to provide coverage of all states and territories and remains a first point of reference for any person with a land law problem this latest edition continues the chapter order of earlier editions. This report was soon followed by an in-depth examination of matrimonial property law by the australian law reform commission this report (matrimonial property, 1987) recommended the retention of the separate property regime with a starting point of equal sharing in the value of the property of the marriage. The focus of this unit is the concept and characteristics of rights and interests in land: their creation, acquisition, enjoyment and disposal, specifically in the torrens title registration system in victoria this unit covers the real property component of the priestley 11 area real and personal property under the legal profession uniform admission rules 2015.
Australian property law
Past and future operation the legislative history at the back of the act provides detail about the past and future operation of the act. Property your home is generally exempt from tax but if you have an investment property, build or renovate for profit (for example, through 'property flipping'), deal in land, or use a property in running a business, there may be implications for income tax, capital gains tax (cgt) and goods and services tax (gst. Australian property law from wikibooks, open books for an open world jump to navigation jump to search property law in australia concept of property introduction what is property contract and property shelf:property law/all books department:humanities/all books shelf:law/all books.
The australian journal of property law provides a comprehensive and analytical coverage of the law and practice relating to real and personal property and conveyancing, treated under the following broad headings: real property and conveyancing, leases, mortgages, personal property, special types of title relating to land (including strata and cluster titles, or types of titles) and trusts and. Australian property law cases, materials and analysis, 4th edition 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 are highlighted. The australian property law journal provides a comprehensive and analytical coverage of the law and practice relating to real and personal property featuring in-depth articles, commentary, notes and reviews, the journal seeks to address matters of national interest as well as key international developments.
In broad terms, if the property can be easily moved without causing too much damage to the land or property in which it is affixed, then an argument can be made that it is a chattel however, if removal of the property can cause damage, then it can be argued that it is a fixture. In family law property is widely defined it includes all assets of either or both the parties, such as real estate, shares, cars, jewellery, savings, furniture and effects and usually superannuationproperty settlements between separated spouses (de facto or married) can be resolved by agreement. Australian property law - cases, materials and analysis by samantha hepburn is an p-to-date analysis of property and land law for students, academics and practitioners australian property law introduces the conceptual framework of interests in real and personal property.