This report offers proposals in the hope they may inform development of a more systematic and integrated approach to the creation, definition and recording of statutory rights, restrictions and obligations (‘RRR') affecting land parcels. While much progress has been made by Australia's land...

A number of regulatory statutes provide for agreements with landowners which are given extended effect, that is, are binding upon the landowner’s successors (‘statutory agreements’). Several Queensland statutes require a project proponent to enter into a statutory agreement with a...

Biosequestration of carbon in trees, forests and vegetation is a key method for mitigating climate change in Australia. To facilitate this, all States have enacted legislation for carbon sequestration rights, separating commercial rights in carbon from ownership of the land, trees and vegetation...

This review addresses food as a topic of sociolegal studies. We show that the divide between production and consumption in law and social science is increasingly untenable in the context of contemporary globalizing, industrializing food chains underpinned by a productivist ideology and supported...

To understand the concept of equity of redemption it is necessary to understand the influences of equity upon money lending transactions involving the security of real property over many centuries. Under an old system mortgage, the legal title of the borrower was conveyed to the mortgagee and,...

The past two decades have seen a concerted attempt by landowner groups to shift the paradigm of property rights from a ‘discrete asset’ to a ‘bundle of rights’, and to characterise many restrictions on use rights as a taking of property. Evidence from two recent Commonwealth inquiries...

Since the global financial crisis of 2007, regulators and economists have analysed the moral hazards inherent in institutional arrangements which encouraged economic actors to act irresponsibly. The process of institutional reform must extend to review of legal rules which allow transacting...