Over the last year, significant developments in Australian real property law have emerged dealing with the nature and durability of title, at every judicial level. It will be important for South Australian practitioners to be aware of these developments; this seminar provides a practical overview.
The High Court dealt with the frailty of possessory and non-possessory titles in Willmott Growers Group v Willmott Forests, in which the Court held that the power of liquidators to disclaim leases would extinguish tenants’ proprietary rights; and in Castle Constructions v Sahab Holdings, the Court held that an easement deliberately deleted, even if wrongfully, from a land register could not be ordered to be reinstated to a land register because such a deletion does not constitute an ‘omission’ within the statutory exception to indefeasibility.
Title can of course be lost by adverse possession, but in Payne v Dwyer, the West Australian Supreme Court dealt with the operation of this doctrine in the context of the co-ownership of mineral rights held under a separate title to the land.
And in South Australia, the South Australian District Court, in Le Cornu and Kurda v Place on Brougham, considered whether, pursuant to the right to cool off in the event of a defective Vendor’s Statement, the property concerned must be extant at the time the Statement is given.
Presenter: Associate Professor Paul Babie
Paul Babie is Associate Professor, Associate Dean of Law (Research), Adelaide Law School, and Associate Dean (Research), Faculty of the Professions, at the University of Adelaide. His primary research areas are legal theory, especially the nature and concept of property; he has published widely in this field. He is a Barrister and Solicitor (Inactive) of the Court of Queen’s Bench of Alberta (Canada), and an Associate Member and a Member of the Property Law Committee of the Law Society of South Australia.
Presenter: Lachlan Andrews – Partner, Grope Hamilton Lawyers
Lachlan Andrews is a leading property lawyer in South Australia with over 30 years’ experience. He graduated from the University of Adelaide in 1983 and became a partner of Kelly & Co. Lawyers in 1986. He is now a partner at Grope Hamilton Lawyers and practices in all areas of real estate law including acquisitions and disposals covering due diligence investigations and advices, property developments such as joint ventures, syndicates, development and land use agreements and community title developments, leasing matters (retail, commercial and industrial) and property financing including project structuring, property and construction finance and security documentation.
Date: Thursday, 21 August 2014
Time: 7.30am – 8.40am
Breakfast: A buffet continental breakfast will be served, accompanied by tea, coffee and juice
Venue: National Wine Centre (Corner North Terrace and Hackney Road)
Parking: Parking is available along Hackney Road and Plane Tree Drive after the first Parking Bay. Charges will apply.
$130 – Standard ticket
$110 – Alumni ticket
$75 – Young lawyers discount ticket (for those who have been admitted for less than 3 years)
$40 – Adelaide GDLP Students
RSVP: Click here to RSVP by 18 August
This session attracts one CPD point.
Information about other CPD events in the Adelaide Law School Breakfast Seminar Series is available here.