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LAW SEMINAR SERIES INVITATION

Law Discipline, School of Business and Law, Edith Cowan University

Thursday, 18 May 2017 from 10:00 am to 11:00 am

LAW SEMINAR SERIES INVITATION

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RSVP 2d 7h 51m Free  

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Event Details

PRIVATE PROPERTY RIGHTS IN WESTERN AUSTRALIA 1829-1929: LAYING THE FOUNDATIONS OF STATE REGARD AND DISREGARD

 

Speaker: Mr Rupert Johnson          

                Associate Dean (Law) &

                Associate Professor,

                School of Business and Law, ECU

 

 

 

 

 

Abstract: Crown land grants formed the underpinnings of the establishment of the Swan River Colony. Based upon imperial foundations and common law traditions, settlers brought with them high expectations of state regard for their real property rights. However, despite the generous treatment of conditions attaching to the Crown’s alienation of land by successive Governors against the not uncommon disapproval of Imperial authorities, and some forbearance with respect to the performance of location duties, settlers’ dissatisfaction with the colony’s land policies remained a hallmark of much of this early period.

Following the grant of responsible government which vested the state with the management and control of waste lands, public dissatisfaction with land policy was abating, and the State’s subsequent centenary recorded local land regulations to be judged most generously. Paradoxically, however, it was only during this later period that the fragility of the security of land tenure became most evident. The Supreme Court revealed that property rights might be displaced by the Crown’s subsequent exercise of powers undiscoverable at the time of the land grant. The Government retrospectively expropriated various property rights attaching to land ownership such as property in watercourses, precious metals, and the ability to subdivide land, although an attempt to shift freehold tenure to leasehold in 1912 failed.

This paper considers the State’s regard for settlers’ private property rights during the first hundred years of land settlement, through a study of selected local and imperial legislation, case law and contemporary accounts. Recent perspectives that have sought to characterise colonial land tenure as evidence of the qualification of a landowner’s property rights by community obligations are questioned. Public sentiments of the day are contrasted with the content and application of local land laws.

Speaker: Rupert Johnson joined Edith Cowan University in December 2004, after having practised law in Perth for nearly 10 years, including four years running his own legal practice in property law. Rupert is a law and arts (history) graduate from Murdoch University, and has recently had his thesis Private Property Rights and the State: A Study of Regard and Increasing Disregard in WA: 1829-2016 examined as part of his doctor of juridical science candidature at the University of Western Australia. Rupert is admitted as a barrister and solicitor of the Supreme Court of Western Australia and the High Court of Australia.

RSVP: Please register on Eventbrite by 15 May 2017. Contact Dr Tanzim Afroz (t.afroz@ecu.edu.au) for any query.

Have questions about LAW SEMINAR SERIES INVITATION? Contact Law Discipline, School of Business and Law, Edith Cowan University

When & Where


ECU Moot Court
JO 31.454
270 Joondalup Dr
Joondalup, WA 6027
Australia

Thursday, 18 May 2017 from 10:00 am to 11:00 am


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Law Discipline, School of Business and Law, Edith Cowan University


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