The Essential Guide to Mortgage Law in Australia
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By: Matthew Bransgrove, Marcus Young
Topics that dominate mortgage enforcement, such as statutory unjustness defences and External Dispute Resolution complaints are given extensive treatment. The contents have been revised and updated to take into account the legislative and case law developments since the first edition was published in 2008.
AI Overview
"The Essential Guide to Mortgage Law in Australia" by Matthew Bransgrove and Marcus Young is a comprehensive legal text that provides an in-depth exploration of mortgage law in Australia. Here is a detailed overview of the book, including its key themes, plot summary, and critical reception:
Key Themes
- Mortgage Law Basics: The book covers the fundamental principles of mortgage law, including the creation, registration, and enforcement of mortgages.
- Statutory Framework: It delves into the statutory framework governing mortgages, including the various state and territory laws that regulate this area of law.
- Case Law: The authors extensively reference case law to illustrate key concepts and provide practical examples.
- Practical Applications: The guide includes practical advice and scenarios to help practitioners navigate the complexities of mortgage law.
- Reform and Updates: The book discusses potential reforms and updates in the mortgage law landscape, reflecting on the need for change and proposing options for improvement.
Plot Summary
The book is structured to provide a clear and structured approach to understanding mortgage law. It begins with an introduction to the basics of mortgages, including the types of mortgages and their registration. The authors then delve into the statutory framework, examining the relevant legislation and regulations across different jurisdictions in Australia.
The guide covers various aspects of mortgage law, including:
- Creation and Registration: The process of creating and registering a mortgage, including the role of the Torrens system.
- Enforcement: The procedures for enforcing a mortgage, including foreclosure and redemption.
- Variation: The rules governing the variation of mortgage terms.
- Inspection and Production: The provisions related to the inspection and production of mortgage instruments.
- Tacking and Further Advances: The rules regarding tacking and further advances.
Throughout the book, the authors use case studies and hypothetical scenarios to illustrate how these concepts apply in real-world situations.
Critical Reception
The book has received positive reviews from legal professionals and scholars. Here are some excerpts from available reviews:
- Law Society of South Australia: The book is described as "an essential guide" that provides "a comprehensive introduction to mortgage law in Australia." It is praised for its structured approach and practical examples.
- Property Law Review: The guide is mentioned as a valuable resource in the context of property law, particularly in discussions about mortgage law and its application in different jurisdictions.
Edition and Publication
The book is published by LexisNexis and has been updated to its second edition in 2014. The second edition reflects changes in the legal landscape and includes new case law and legislative updates.
In summary, "The Essential Guide to Mortgage Law in Australia" by Matthew Bransgrove and Marcus Young is a definitive resource for understanding mortgage law in Australia. Its comprehensive coverage, practical examples, and structured approach make it an invaluable tool for legal practitioners and students alike.