Order Description

‘When subjected to close analysis the concept of “property” vanishes into thin air … In the end, the “property” notion, in all its conceptual fragility, is but a shadow of the individual and
collective human response to a world of limited resources and attenuated altruism.’ Kevin Gray, ‘Property in Thin Air’ (1991) 50 Cambridge Law Journal 252, 306-307.

What does Professor Gray mean by this? Do you agree with him? How would you describe the notion of ‘property’ as it is understood in Australian law? Discuss using illustrations, especially, decided
cases (Australian and other jurisdictions) and legislation. With respect to legislation, prima facie, reference must be to Western Australian legislation; and to other Australian legislation where
there is no equivalent WA legislation or for comparison.