Australian property law : cases, materials and analysis / Samantha Hepburn.

St. Leonards, N.S.W. : LexisNexis Australia, 2026.

7th edition

203471

Real property -- Australia.

1. Concepts of property

2. Possession, title and personal property

3. Fixtures, encroachment and boundaries

4. Adverse possession

5. The doctrine of tenure and estates

6. Restraints on alienation and the rule against perpetuities

7. Leases

8. Native title

9. Equitable interests

10. Priority rules

11. The torrens system

12. Electronic conveyancing

13. Unregistered interests

14. Easements

15. Restrictive covenants

16. Mortgages

17. Co-ownership.

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 seventh edition has been fully revised to incorporate recent developments in case law and legislation, including recent decisions concerning the nature of native title; evaluating the nature of statutory property; and concerning the application of just terms compensation for native title. Legislative updates in electronic conveyancing and the scope and nature of indefeasibility are discussed. New case extracts and commentary include: Hocking v Director-General of the National Archives of Australia (2020) 271 CLR 1 (assessing whether a statutory reference to property is a reference to the common law definition of property) ; Stuart v Commonwealth; Stuart v South Australia [2025] HCA 12 (a connection with the land for the purposes of native title is not restricted to a physical connection and can include a spiritual or cultural connection.) ; Commonwealth v Yunupingu [2025] HCA 6 (native title rights are property capable of being protected under s 51(xxxi) of the Commonwealth Constitution) ;Nyangbul v New South Wales [2025] NSWCA 119 (indefeasibility is the bedrock of the Torrens system and was not displaced by the recognition of native title) ; McMillan v Coolah Home Base Pty Ltd [2024] NSWCA 138 (approving the concept of immediate indefeasibility) ; An outline of the latest iteration of the model operation rules for electronic conveyancing ; Updates relating to the Property Law Act 2023 (Qld). - Publisher's website.

Includes bibliographical references and index.

9780409363142

xc, 1188 pages ; 25 cm