Australian Property Law: Cases and Materials, 5th Edition remains a comprehensive collection of statutes, cases and reference material on Australian real and personal property with notes and questions to provoke fuller understanding and matters for reconsideration.

Focussing on the Torrens title system, this text offers students and practitioners a unique perspective on Australian real property law.

Designed to help the reader gain a deeper understanding of property law by explaining (in plain language) the analytical framework of the subject.

In 1847, in one of the most important cases in Australian legal history, the Chief Justice of NSW, Sir Alfred Stephen, handed down a decision that would have profound implications for both the development of Australian property law and the property rights of the Aboriginal peoples of Australia. The case was Attorney General v Brown, and in his decision Stephen CJ ruled that the laws of property in Australia were governed by feudal principles. The shadow cast by Attorney General v Brown has been a long one, stretching down to the decision in Mabo and beyond. Judicial thinking and much legal scholarship continues to emphasise a connection between the feudal origins of the English law and the state of contemporary Australian property law, thereby perpetuating a "nostalgic" view of Australian property law. This book, in contrast, argues that the feudal imprint on property in Australia had been "washed away" by the early 1860s and that the decades of the early nineteenth century witnessed the making of a distinct Australian property law. Egalitarianism, rather than feudalism, this book argues, shaped the emergence of Australian property law. This book situates legal development in its social and political context, re-evaluating the relationship between political ideas, social values and law reform in early Australia.

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 proprietary interests (Ch 2, 3 & 6); the acquisition and transfer of proprietary interests (Ch 4); and the enforceability of proprietary interests and related priority issues (Ch 4 & 5). The book also examines the rules regulating the creation and enforcement of particular interests in land, including leases, easements, restrictive covenants and mortgages.Important recent appellate court cases and statutes covered include:· Cassegrain· Akiba· Brown· Congoo· Sidhu· Jea Holdings· SogutluStudent learning support for this book is available on Campus. An exciting range of lecturer support (developed by the authors and lecturers) is available for lecturers who prescribe this book to their students. FeaturesElearning resources containing maps, legislation, video-material and a test bank engage and support the students in their understanding of the subject. Related TitlesCameron-Dow, LexisNexis Questions & Answers Property Law, 3rd ed, 2016Edgeworth, Quick Reference Card Real Property Law, 2015Hepburn, Quick Reference Card Personal Property Law, 2014Jackman & Werren, LexisNexis Study Guide Property Law, 2nd ed, 2014Newton & Chung, LexisNexis Case Summaries Real Property Law, 4th ed, 2015

This text provides a succinct but comprehensive account of Australian real property law & considers all Australian jurisdictions. While the analysis is organised under traditional categories the principles of the Torrens System are outlined at an early stage & referenced in all subsequent discussions.