The book retains the structure adopted in the ninth edition and incorporates various innovations, including an increased focus on the transactional context within which the substantive law operates. Chapter 1 deals with conceptual issues that underpin and define the ambit of property law. Later chapters examine four broad issues with which the law of property is concerned: the fragmentation of proprietary interests (Ch 2, 3 & 6); the acquisition and transfer of proprietary interests (Ch 4); and the enforceability of proprietary interests and related priority issues (Ch 4 & 5). The book also examines the rules regulating the creation and enforcement of particular interests in land, including leases, easements, restrictive covenants and mortgages.Important recent appellate court cases and statutes covered include:· Cassegrain· Akiba· Brown· Congoo· Sidhu· Jea Holdings· SogutluStudent learning support for this book is available on Campus. An exciting range of lecturer support (developed by the authors and lecturers) is available for lecturers who prescribe this book to their students. FeaturesElearning resources containing maps, legislation, video-material and a test bank engage and support the students in their understanding of the subject. Related TitlesCameron-Dow, LexisNexis Questions & Answers Property Law, 3rd ed, 2016Edgeworth, Quick Reference Card Real Property Law, 2015Hepburn, Quick Reference Card Personal Property Law, 2014Jackman & Werren, LexisNexis Study Guide Property Law, 2nd ed, 2014Newton & Chung, LexisNexis Case Summaries Real Property Law, 4th ed, 2015

Recent years have seen a trend in many jurisdictions towards the adoption of short-form disclosure documents for retail financial products. This paper analyses the challenges and trends in relation to short-form disclosure documents from a comparative perspective. Developments in the following markets are examined for this purpose: Australia, New Zealand, the European Union ('EU'), Hong Kong, Singapore and Canada. The objectives of this paper are to review the international trend towards short-form disclosure documents and the policy reasons behind the trend; to examine the different approaches that have been adopted by the selected jurisdictions; and to identify the criteria and the factors that should be taken into account when jurisdictions consider which approach to adopt. In this way, the paper seeks to assist regulators in determining appropriate responses and strategies through a guide to the approaches in the selected jurisdictions, the legislative and policy underpinnings and the short-form disclosure documents themselves.

In April 2014, leading scholars came to China to deliver lectures addressing fundamental areas of the common law, including property law, agency law, equity, criminal law, and tax law. These lectures explore the development, features, and application of their respective areas of the common law. In addition, the lectures compare aspects of the common law with the approach in civil law jurisdictions and, in particular, in China. By examining the development of the common law and stare decisis, one may gain insights into common law concepts, many of which are similar to those in the Chinese legal system.

This article analyses the international trend towards the adoption of short-form disclosure documents for retail financial products through a comparison of six jurisdictions: the European Union, Australia, Hong Kong, Singapore, Canada and New Zealand. For the purposes of the analysis, 'short-form disclosure documents' are defined to mean disclosure documents in respect of which the maximum page length is prescribed, either on a mandatory or recommended basis. The comparative analysis suggests some important findings. These include the strong interrelationship between factors such as purpose, length, liability and language and the extent to which each of these factors, particularly purpose, influences the other factors. Each choice or setting involves certain tradeoffs and achieving a comfortable balance is not an easy task for legislators and regulators. In addition, the findings reveal the challenges that all jurisdictions have encountered in terms of incorporating the key features and risks of complex products into a short-form disclosure document. Finally, there is widespread recognition of the need to treat disclosure as part of a broader range of measures, including measures to improve the quality of financial advice and to increase investor literacy.

In the wake of the global financial crisis of 2008, global and regional coordination has become increasingly important in cross-border financial regulation. In addition to dealing with the general aspects of regulatory supervision and enforcement, coordination now has to deal with the challenges that arise in a range of specific areas. These include crisis management, the regulation of hedge funds, shadow banking activities, over-the-counter derivatives, bank resolution, Basel compliance and financial inclusion, to name a few. The critical question is how coordination should best be achieved. Although there are existing mechanisms for achieving coordination and cooperation in the context of general enforcement and supervisory activity, these mechanisms become more problematic when applied to specific areas such as those identified above. This is because most (if not all) of these areas involve coordination and cooperation between multiple regulators, operating in both a global and regional context, and bring into play a number of dynamics that have their roots in economic, political, financial, legal and other considerations.The authors consider the challenges for regulatory coordination in relation to the proposed Asia Region Funds Passport (the 'ARFP'). The paper commences by providing background information on this initiative and the benefits that it is expected to achieve. Other regional initiatives are also discussed. Practical arrangements that are required to support the ARFP, including the need for coordination between the member economies are then discussed. The paper then explores the framework within which effective coordination might be achieved by reference to some of the literature in this field and also the issues and challenges that are specific to the ARFP. The paper concludes by discussing what effective coordination of this initiative might mean for regional coordination in the area of financial regulation generally.

The last two decades have seen an increasing number of jurisdictions adopting the 'twin peaks' model of financial regulation. Since it was pioneered in Australia, the model has been adopted by the Netherlands, Belgium, New Zealand and the United Kingdom. South Africa is currently in the process of changing its model, and it has also been considered by the US. This paper evaluates the twin peaks model as it has been adopted in these jurisdictions and investigates the extent to which there is uniformity in its design and implementation from a regulatory perspective. The comparative analysis indicates that there are many variations in the design of a twin peaks model and that there is no archetypal twin peaks model. In particular, choices need to be made around key elements in areas such as structural design, operational independence and regulatory coordination.

This paper is one of a series of working papers that explore various aspects of Australia's system of financial regulation and the relevance of its experience to reform in other countries. Adopting a broad perspective that outlines the context in which the system operates in Australia, it examines the anatomy of the 'twin peaks' model as it exists in Australia from a legal and regulatory perspective and how it deals with fundamental regulatory issues. The twin peaks system is functionally based. The functions for financial regulation are consolidated into two regulators: the Australian Securities and Investments Commission, which is responsible for the regulation of companies, market conduct and consumer protection, and the Australian Prudential Regulation Authority, which is responsible for prudential regulation. Under this model, the central bank, the Reserve Bank of Australia, remains responsible for monetary policy and financial stability, including ensuring a safe and reliable payments system. The two other models with which the twin peaks model is usually compared are the institutional model, under which the different sectors - namely, banking, insurance and securities - are supervised by different regulators, and the integrated model, under which supervision is consolidated in a single integrated regulator, or 'super-regulator', as was previously the case in the United Kingdom before it adopted the twin peaks model. The relevance of the twin peaks model is becoming greater as an increasing number of jurisdictions have adopted, or are considering adopting, this model. It has also been of recent interest in Australia in the context of the Financial System Inquiry of 2014, which reviewed Australia's financial system and examined many issues that are relevant to the ways in which the twin peaks model works in Australia.

Concerns arising out of the systemic risks associated with 'shadow banking' are inherently global in nature as a result of the interconnectedness of shadow banking activities across different jurisdictions and markets. Yet, despite ongoing efforts, it remains very difficult to achieve global coordination in the regulation and supervision of shadow banking. This paper examines the efforts that have been made, and the challenges that have been encountered, in achieving a coordinated response to shadow banking in Asia. The paper first provides an overview of shadow banking and the risks associated with it, canvassing some key responses proposed or taken with respect to shadow banking, including the work of the Financial Stability Board and the approaches in the European Union and the United States. It then focuses on the specific needs and risks inherent in the Asian region. The paper concludes by putting forward the case for a greater degree of regional coordination and makes a range of general and specific policy recommendations for this purpose, including the use of an existing regional body to drive coordination efforts and proposals.