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AI Overview

"Real Property Law in Queensland" by Anne Wallace, Les McCrimmon, and Michael Weir is a comprehensive legal textbook that provides a clear and concise account of the fundamental principles of real property law as applied in Queensland, Australia. Here is a detailed overview of the book:

Key Themes

  1. Real Property Case Law and Legislation:

    • The book covers the latest developments in real property case law and legislation in Queensland. It includes analyses of significant court decisions and legislative changes that impact real property law.

  2. Native Title Cases:

    • The authors provide an in-depth analysis of the latest native title cases in Australia, which is a critical aspect of real property law in Queensland.

  3. Land Act 1994 and Water Act 2000:

    • The book discusses amendments to the Land Act 1994 and the Water Act 2000, particularly those related to non-tidal rivers, which are significant for property transactions in Queensland.

  4. Land Title Act 1994:

    • It incorporates amendments made to the Land Title Act 1994, including the abolition of the paper certificate of title and the change in nomenclature for settlement notices to priority notices.

  5. Fraud Exception to Indefeasibility:

    • The authors discuss the High Court decisions in Cassegrain v Gerard Cassegrain (2015) CLR 425 and Boensch v Pascoe (2019) HCA 49, which are crucial for understanding the fraud exception to indefeasibility involving fraud by an agent and a joint tenant, respectively.

  6. Community Title and Retail Shop Leases:

    • The book includes a review of Community Title, including an analysis of the High Court decision in Ainsworth v Albrecht (2016) 261 CLR 167. It also updates the commentary on Retail Shop Leases and includes a treatment of Airbnb and Shared Accommodation.

  7. Electronic Conveyancing National Law (Queensland) Act 2013:

    • The authors discuss the amendments made to the Land Title Act 1994 arising from the enactment of the Electronic Conveyancing National Law (Queensland) Act 2013.

Plot Summary

The book does not have a narrative plot but rather provides a structured and comprehensive guide to real property law in Queensland. It is organized to cover various aspects of real property law, including case law, legislation, and practical applications.

Critical Reception

The book is highly regarded in the legal community for its clarity and comprehensiveness. It is considered an essential reference for researchers, students, and practitioners dealing with real property law in Queensland. The authors' updates ensure that the book remains relevant and useful despite changes in legislation and case law.

Editions

The book has been published in multiple editions, with the most recent being the fifth edition, which has been revised and updated to reflect the latest developments in real property law. The fourth edition, published in 2015, also received positive reviews for its comprehensive coverage of real property law in Queensland.

Publication Details

  • Authors: Anne Wallace, Les McCrimmon, Michael Weir
  • Publisher: Lawbook Co. (earlier editions) and Thomson Reuters (fifth edition)
  • Place of Publication: Pyrmont, Sydney
  • Editions: Multiple editions, with the most recent being the fifth edition
  • ISBN: 9780455233741 (fourth edition)

Overall, "Real Property Law in Queensland" by Anne Wallace, Les McCrimmon, and Michael Weir is a seminal work in the field of real property law, providing a thorough and up-to-date guide for legal professionals and students in Queensland.