The Making of Australian Property LawIn 1847, in one of the most important cases in Australian legal history, the Chief Justice of NSW, Sir Alfred Stephen, handed down a decision that would have profound implications for both the development of Australian property law and the property rights of the Aboriginal peoples of Australia. The case was Attorney General v Brown, and in his decision Stephen CJ ruled that the laws of property in Australia were governed by feudal principles. The shadow cast by Attorney General v Brown has been a long one, stretching down to the decision in Mabo and beyond. Judicial thinking and much legal scholarship continues to emphasise a connection between the feudal origins of the English law and the state of contemporary Australian property law, thereby perpetuating a "nostalgic" view of Australian property law. This book, in contrast, argues that the feudal imprint on property in Australia had been "washed away" by the early 1860s and that the decades of the early nineteenth century witnessed the making of a distinct Australian property law. Egalitarianism, rather than feudalism, this book argues, shaped the emergence of Australian property law. This book situates legal development in its social and political context, re-evaluating the relationship between political ideas, social values and law reform in early Australia. |
Common terms and phrases
19th century Aboriginal acres administration alienation argued argument aristocratic August Australian become Bill capitalism capitalist chapter claim coal colonial common concept of property Consequently conservative context conveyancing Council Court Crown Crown Lands deed defendant distinction dower early economic effect egalitarianism England English law evidence example existing fact feudal freehold grant hand held idea implications importance inheritance interest introduction issue judgment land law landed property law of real lease Legislative logic means moreover mortgage nature noted object occupation original owner ownership particular party political possession present principle Proceedings property law purchaser question Real Property reason reference reform regarded registration relations relationship reservation respect seen Select Committee settlement settler simple social society South Wales statute Stephen Sydney tenant tenure Torrens transfer whole
References to this book
The People's Choice: Electoral Politics in Twentieth Century ..., Volumes 1-3 Michael Hogan,David Clune No preview available - 2001 |