The sixth edition of this work provides an update on some significant reforms in real property in Queensland since the fifth edition published in 2020. The authors have attempted to maintain the focus on the text being a concise discussion of significant areas of law. Although the entire text has been revised, some significant highlights of the legislative reforms and new case law relate to the following areas:
- Chapters 6-9 Torrens Title – These chapters have been revised to include amendments made to the Land Title Act 1994 (Qld), particularly those relating to Titles Queensland taking over the functions of the Registry. Other changes have been made to incorporate new case law, notably the Supreme Court and Court of Appeal decisions of Issa v Owens [2023] QSC 4; Issa v Owens [No 2] [2023] QSC 6; Queensland v Morecroft [2024] QCA 11 (dealing with fraud by an agent and a joint tenant) and (compensation for an improper caveat). Commentary on the compensation provisions in the Land Title Act 1994 (Qld) has been revised to include the new express exclusion of compensation under the Land Act 1994 (Qld) for any loss or deprivation of an interest in land caused by a lot being declared a beach area.
- Chapters 10-16 Ownership of Land, Co-Ownership, Community Titles, Mortgages, Leases, Easements and Profits, and Freehold Covenants – These chapters have undergone significant amendment, primarily to reflect the legislative changes brought about by the commencement of the Property Law Act 2023 (Qld) on 1 August 2025. Where suitable, examples and diagrams have now been incorporated to provide additional context and assist with understanding of certain key principles.
Chapter 17 Native Title – This chapter incorporates an analysis of the latest case law in native title law in Australia, including the landmark 2025 High Court decision in Commonwealth of Australia v Yunupingu (on behalf of the Gumatj Clan or Estate Group) [2025] HCA 6, which held that the Commonwealth’s Territories power is constrained by the just‑terms requirement in s 51(xxxi), that pre‑Native Title Act extinguishment of native title by or under Commonwealth law constituted an acquisition of property requiring just terms, and that a 1903 pastoral lease did not extinguish non‑exclusive native title rights to minerals on the land.
Property