Property and Security
Selected Essays
By: Lyria Bennett Moses, Brendan Edgeworth, Cathy Sherry
The link between the terms "property" and "security" raises both timeless, and timely, questions as to the relationship between these two concepts. Timeless, because security has always been seen as a core element of the institution of property; and timely, because exploring the ways in which property and security are related is more relevant than ever, at the end of a year when the entire edifice of the international financial system - grounded ultimately in property rights - has been threatened with collapse. Property and Security: Selected Essays is an edited compilation of papers presented by highly regarded Australian and international academics at the Property Law Teachers Association Conference 2009 covering the thematic issues of property and security. This collection is an important resource for both student and academic researchers, and is ideal for practitioners working in mortgages/securities law - currently a highly litigated area of practice. The papers explain the rapidly developing case law and complexities in the law, while making arguments for legal change. The reform recommendations make the publication highly relevant to policy makers within Australia, at both Federal and State level.
AI Overview
The book "Property and Security: Selected Essays" is a collection of essays edited by Lyria Bennett Moses, Brendan Edgeworth, and Cathy Sherry. Here is a comprehensive overview of the book:
Key Themes
- Property Law: The book delves into various aspects of property law, focusing on the relationship between property and security.
- Security Instruments: It explores the legal implications and challenges associated with security instruments, such as mortgages and easements.
- Torrens System: The book examines the limitations of the Torrens system, particularly in dealing with indefeasibility, including issues related to forged mortgages and statutory exceptions.
- Easements: It also discusses easements, a significant area of property law that deals with rights to use another person's land for specific purposes.
Plot Summary
The book is a compilation of essays that were originally presented at the 9th Australasian Law Teachers’ Conference held at the University of New South Wales in April 2009. The essays cover a range of topics within property and security law, including theoretical musings and black letter law discussions. The contributors include both academics and practitioners in the field, providing diverse perspectives on the subject matter.
Critical Reception
- Australian Law Journal Review: The book received a positive review from the Australian Law Journal. The reviewer noted that the collection contains a series of essays that are both informative and thought-provoking. The essays are described as making interesting reading, particularly due to the insights provided by contributors who are experts in their field.
- Editorial Insights: The editors, Lyria Bennett Moses, Brendan Edgeworth, and Cathy Sherry, have been recognized for their contributions to the field of property and security law. Their introduction to the book sets the stage for the discussions that follow, providing a comprehensive overview of the key themes and issues.
Contributors
- Professor Keith Mason: The first essay in the book is written by Professor Keith Mason, formerly the President of the New South Wales Court of Appeal. His essay offers unique insights into the law and court system, making it an interesting read.
- Patricia Lane: Another notable contributor is Patricia Lane, whose essay "Indefeasibility for What?" provides a balanced analysis of the problems arising in forged "all money" mortgage cases. She examines the extent of indefeasibility protection, what aspects are given indefeasibility, and contractual interpretation of secured moneys.
Availability
The book is available through various sources:
- Thomson Reuters: The book can be purchased from Thomson Reuters, which also provides editorial reviews and detailed information about the contents.
- Booktopia: It is also listed on Booktopia, where readers can find more details about the book and its contributors.
- National Library of Australia: The book is cataloged by the National Library of Australia, where it can be requested for borrowing.
Overall, "Property and Security: Selected Essays" is a valuable resource for both academic researchers and practitioners in the field of property and security law. It offers a comprehensive exploration of the complex relationships between property and security, making it an essential read for those interested in these areas of law.