The Law of Real Property Mortgages

This book examines the principles and practice of real estate mortgages in an easily accessible text referenced to all the Australian States. It specifically deals with the major theoretical and practical aspects of the land mortgage including vitiating factors in formation, mortgagees powers and duties and mortgagors’ rights both statutory and other, assignment, insurance and discharge. As a successor to Mortgages Law in Australia, this book adopts an exclusive focus on real estate mortgages in Australia and provides a thorough account of the law through analysis of the plethora of court decisions and statutory provisions in this area. Duncan and Dixon analyse the substance of the mortgage transaction from creation through to rights of enforcement. This analysis includes detailed consideration of the rights and obligations of both mortgagors and mortgagees covering topics such as priorities and tacking, insurance, variation and assignment, rights of discharge, entry into possession, foreclosure and power of sale. In addition, the book contains a separate chapter on factors that may affect the validity and enforcement of a mortgage together with separate consideration of a mortgagee’s right to enforce a guarantee provided on behalf of a mortgagor and the rights and liabilities associated with a receivership regime initiated by a mortgagee. Written for the national market, the book is one of the few substantial works on this subject for practitioners throughout Australia. It is a very accessible text which enables readers to decide whether or not they have a problem and provides primary guidance to its solution. The book has been deliberately, heavily referenced to incorporate statutory references from across Australia and contains extensive case analysis in order to satisfy both these objectives.

Revisioning the self : self-portraiture as educator professional development

This paper focuses on a series of self-portraits I created between 2003 and 2009. Each portrait holds a series of layered images that the final layer conceals. As I created the self-portraits I also created written thinking in the form of a research journal. This a/r/tographic (Irwin & Springgay, 2008) research activity investigates the acquiring and accruing of visual art teaching knowledges and practices. I use as a premise, an opinion that the information acquired on an Education Degree slowly fades over time so, what is ‘information’ becomes ‘memory’. Memory is eventually what informs teaching, if further professional development is not undertaken.

Elasto-plastic stress analysis of an insulated rail joint (IRJ) with a loading below shakedown limit

A finite element numerical simulation is carried out to examine stress distributions on railhead in the vicinity of the endpost of a insulated rail joint. The contact patch and pressure distribution are considered using modified Hertzian formulation. A combined elasto-plastic material modelling available in Abaqus is employed in the simulation. A dynamic load factor of 1.21 is considered in modelling for the wheel load based on a previous study as part of this on going research. Shakedown theorem is employed in this study. A peak pressure load which is above the shakedown limit is determined as input load. As a result, a progressive damage in the railhead has been captured as depicted in the equivalent plastic strain plot.

The meaning of 'material prejudice'

As dictated by s 213 of the Body Corporate and Community Management Act 1997 (Qld), the seller of a proposed lot is required to provide the buyer with a disclosure statement before the contract is entered into. Where the seller subsequently becomes aware that information contained in the disclosure statement was inaccurate when the contract was entered into or the disclosure statement would not be accurate if now given as a disclosure statement, the seller must, within 14 days, give the buyer a further statement rectifying the inaccuracies in the disclosure statement. Provided the contract has not been settled, where a further statement varies the disclosure statement to such a degree that the buyer would be materially prejudiced if compelled to complete the contract, the buyer may cancel the contract by written notice given to the seller within 14 days, or a longer period as agreed between the parties, after the seller gives the buyer the further statement. The term ‘material prejudice’ was considered by Wilson J in Wilson v Mirvac Queensland Pty Ltd.