Australian Property Law Principles to Practice

Any consideration of property law must begin with the nature of property and how we should understand its conceptual underpinning.

The law is primarily a practical and pragmatic science directed to confronting and responding to practical issues and challenges in human affairs, dealings, and transactions. Many existing approaches to property law begin with an attempt to explain the conceptual contours of property and property law and to lay out its philosophical basis, proceeding to analyse these conceptual components and the law’s part in constructing the mosaic of property and its legal underpinnings. In the modern Australian context, this necessarily involves a detailed investigation and analysis of both myriad legislation and caselaw. While this strategy has stood the test of time and is reflected in the following chapters, this book seeks to position the discussion, explanation, and analysis within a context of two overarching themes. First, to explain and systematically integrate the effects and implications of technology upon property and property law. Second, to present a narrative which moves readers from property law principles to the practice of property law in all its applications.