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When is property inherently defeasible for the purposes of s 51(xxxi)?

Brock, Margaret 2012, When is property inherently defeasible for the purposes of s 51(xxxi)?, Australian property law journal, vol. 21, no. 2, pp. 180-192.

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Title When is property inherently defeasible for the purposes of s 51(xxxi)?
Author(s) Brock, Margaret
Journal name Australian property law journal
Volume number 21
Issue number 2
Start page 180
End page 192
Total pages 13
Publisher LexisNexis Butterworths
Place of publication Chatswood, N. S. W.
Publication date 2012
ISSN 1038-5959
Summary This article traces the development of the jurisprudence surrounding compulsory acquisition of property with a particular focus on the application of s 51(xxxi) of the Australian Constitution to statutory property. The examination reveals a clearly articulated methodology developed by the High Court that is principled, transparent and logically consistent with the purpose of the provision. This is contrasted with two recent decisions of the High Court, ICM Agriculture Pty Ltd v Commonwealth and Phonographic Performance Company of Australia Ltd v Commonwealth which indicate a concerning development to move away from such methodology and introduce new factors for consideration. It is argued that such development threatens to undermine the principled and transparent application of s 51(xxxi) and may reintroduce unnecessary methodological uncertainty.
Language eng
Field of Research 180108 Constitutional Law
Socio Economic Objective 949999 Law, Politics and Community Services not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
HERDC collection year 2012
Persistent URL http://hdl.handle.net/10536/DRO/DU:30049924

Document type: Journal Article
Collections: Faculty of Business and Law
Law
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Created: Tue, 18 Dec 2012, 14:06:21 EST by Beatrice Fitzgerald

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