
Real Property Law in Queensland
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By: ANNE & WEIR WALLACE (MICHAEL & MCCRIMMON, LES.), Les McCrimmon, Michael Weir
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AI Overview
"Real Property Law in Queensland" by Anne Wallace, Michael Weir, and Les McCrimmon is a comprehensive legal text 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
Real Property Case Law and Legislation:
- The book covers significant developments in real property case law and legislation since the last edition. It includes analyses of the latest native title cases in Australia and amendments to key acts such as the Land Act 1994 and the Water Act 2000 relating to non-tidal rivers.
Fraud Exception to Indefeasibility:
- The text incorporates High Court decisions, including Cassegrain v Gerard Cassegrain (2015) CLR 425 and Boensch v Pascoe (2019) HCA 49, which deal with the fraud exception to indefeasibility involving fraud by an agent and a joint tenant, respectively.
Community Title and Retail Shop Leases:
- The book includes a review of Community Title, with an analysis of the High Court decision in Ainsworth v Albrecht (2016) 261 CLR 167. It also provides updated commentary on Retail Shop Leases and includes a treatment of Airbnb and Shared Accommodation.
Electronic Conveyancing and Land Title Act:
- The fourth edition includes amendments made to the Land Title Act 1994, particularly arising from the enactment of the Electronic Conveyancing National Law (Queensland) Act 2013. This includes the abolition of the paper certificate of title and the change in nomenclature for settlement notices to priority notices.
Critical Reception
Essential Reference: The book is highly regarded as an essential reference for issues relevant to real property law in Queensland. It is recommended for researchers, students, and practitioners alike.
Comprehensive Coverage: The text is praised for its comprehensive coverage of real property law in Queensland, ensuring that it remains a valuable resource for those dealing with real estate matters in the state.
Editions and Updates
Fifth Edition: The most recent edition (fifth) has been revised and updated to reflect the latest developments in real property law. This edition includes significant changes and analyses that are crucial for understanding contemporary real property law in Queensland.
Fourth Edition: The fourth edition, while not the most recent, still provides a detailed account of real property law in Queensland. It includes updates on fraud exceptions, electronic conveyancing, and community title, among other topics.
In summary, "Real Property Law in Queensland" by Anne Wallace, Michael Weir, and Les McCrimmon is a seminal work in the field of real property law in Queensland. It offers a comprehensive and up-to-date analysis of the key principles and developments in the field, making it an indispensable resource for legal professionals, researchers, and students.