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The laws of England had evolved over centuries, with the common law emerging following the 1200s. This law was introduced to Australia through the colonisation of Australia by the British. By 1824, a court system based on the English model had been established through Acts of the British Parliament. [8]
Australian property law, or property law in Australia, are laws that regulate and prioritise the rights, interests and responsibilities of individuals in relation to "things" (property). These things are forms of "property" or "rights" to possession or ownership of an object.
The Australia Act effectively terminated the ability of the British Parliament or Government to make laws for Australia or its States, even at their request; and provided that any law which was previously required to be passed by the British Parliament on behalf of Australia could now be passed by Australia and its States by themselves.
Property legislation in all states is grounded upon the Torrens principle of registration of title. [1] This posits that each state has a central register of all land in the state and that the register also shows the 'owner' of the land. This system was devised to reduce the amount of fraud relating to land due to the falsification of title deeds.
Constitutional law in the Commonwealth of Australia consists mostly of that body of doctrine which interprets the Commonwealth Constitution. The Constitution itself is embodied in clause 9 of the Commonwealth of Australia Constitution Act, which was passed by the British Parliament in 1900 after its text had been negotiated in Australian Constitutional Conventions in the 1890s and approved by ...
The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia. It is a written constitution , that establishes the country as a federation under a constitutional monarchy governed with a parliamentary system .
In South Australia, the act was substantially revised in 1886, and this version remains in force in South Australia. The Real Property Act 1886, updated 3 October 2019, has a long title "An Act to consolidate and amend the Real Property Act 1861, the Real Property Act Amendment Act 1878 and the Rights-of-Way Act 1881, and for other purposes".
The first official local government in Australia was the Perth Town Trust, established in 1838, only three years after British settlement. [2] The Adelaide Corporation followed, created by the province of South Australia in October 1840. The City of Melbourne and the Sydney Corporation followed, both in 1842.