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Australia · Year 2 · Property

Property Concepts & Torrens II

Ownership, indefeasibility and native title.

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  1. 1.Victoria Park Racing v Taylor (1937) — held?

    There is no property in a spectacle; broadcasting races viewed from a neighbouring platform was not actionable.

    (1937) 58 CLR 479

  2. 2.Yanner v Eaton (1999) — on "property"?

    "Property" describes a legal relationship with a thing (a bundle of rights), not the thing itself; statutory "property" in fauna did not extinguish native title hunting rights.

    (1999) 201 CLR 351

  3. 3.Frazer v Walker (1967) — principle?

    Immediate indefeasibility: a registered proprietor who takes under a void instrument (e.g. a forgery), without fraud, gets indefeasible title on registration.

    [1967] 1 AC 569 (PC)

  4. 4.Which Act followed Mabo (No 2)?

    The Native Title Act 1993 (Cth).

    Native Title Act 1993 (Cth)

  5. 5.Members of the Yorta Yorta Aboriginal Community v Victoria (2002) — held?

    Native title requires continuous acknowledgment and observance of traditional laws and customs since sovereignty; the claim failed.

    (2002) 214 CLR 422