Australian Property Legislation

Australian Property Legislation

Australian Property Legislation varies between each jurisdiction in every State of Australia there is a different scheme of regulating property rights that combines legislation but is also receptive of the common law. Despite differing statutes, the substantive effect in each jurisdiction is quite similar. The reason there is no unified national system for regulating property is the reservation of this power to the states in the constitution. There have been discussions about a co-operative system of regulation to be implemented between the states, conferring jurisdiction on the federal commonwealth in a similar manner done in "The Corporations Act 2001".

Property Legislation in all states is grounded upon the Torrens principle of registration of title. This posits that each state have a central register of all land in the state and that the register also show the 'owner' of the land. This system was devised to reduce the amount of fraud relating to land due to falsification of title deeds. The system also provides for registration of other entitlements to land such as a mortgage, by which land is used to secure a loan. Another major principle of this system is 'indefeasibility' of title - where a right has been entered on the register, it cannot be defeated by later rights except in certain circumstances.

List of Legislation by State or Territory

*"Real Property Act 1900" (NSW)
*"Transfer of Land Act 1958" (VIC)
*"Real Property Act 1925" (ACT)
*"Property Law Act 1974" (QLD)
*"Law of Property Act" (NT)
*"Real Property Act 1886" (SA)
*"Real Property Act 1862" (TAS)
*"Property Law Act 1969" (WA)

Wikimedia Foundation. 2010.

Игры ⚽ Поможем сделать НИР

Look at other dictionaries:

  • Australian property law — is the term that collectively refers to the system of laws regulating and prioritising the rights, interests and responsibilities of individuals in relation to things . These things are a form of property or right to possession or ownership of an …   Wikipedia

  • Australian copyright law — emerged from British and colonial models of the early 20th Century. It reflects international standards found in the Berne Convention for the Protection of Literary and Artistic Works, other multilateral treaties, and more recently, the U.S.… …   Wikipedia

  • Property tax — Taxation An aspect of fiscal policy …   Wikipedia

  • Australian constitutional law — is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Several major doctrines of Australian constitutional law have developed.For the story of how Australia evolved from a set of… …   Wikipedia

  • Australian sedition law — is the area of the criminal law of Australia relating to the crime of sedition.Effectively defunct for nearly half a century, these laws returned to public notice in 2005 when changes were included in an Anti terrorism Bill announced by Prime… …   Wikipedia

  • Australian administrative law — define the extent of the powers and responsibilities held by administrative agencies of the Australian government. It is a common law system, with a highly significant statutory overlay that has shifted focus to generalist tribunals and codified… …   Wikipedia

  • Australian criminal law — refers to the criminal laws of the several jurisdictions in the Commonwealth of Australia. These jurisdictions include the six states, the Commonwealth, and the self governing territories. It is in large part a matter for the states, with only a… …   Wikipedia

  • Australian Koala Foundation — Founder(s) Steve Brown Barry Scott Founded 17 January 1986 Location Brisbane, Australia …   Wikipedia

  • Australian contract law — is based on the inherited English common law regarding contract, with specific statutory modifications of principles in some areas. Australian law has developed through the decisions of Australian courts, especially since the 1980s, and various… …   Wikipedia

  • Australian trade mark law — is based on the Trade Marks Act 1995 (Cth), which is administered by IP Australia, an Australian government agency within the Department of Industry, Tourism and Resources.Amongst other things, the Trade Marks Act defines trade marks (including… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”