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supported by evidence of the most clear & unequivocal character.Hobbes v NSW Trustee & GuardianoMade gifts to her which became effective on his death a bank credit balance, a fixed term deposit, and his unit (real property)o“when I go everything is yours” not inter vivosoHeld that he intended to give her the money in a bank account Delivery of the bank passbook was a sufficient deliveryof the indicia of title. Similarly a card, which evidenced a term deposit of $100,000 was sufficient to transfer titlemortis causa to her.
oNot possible to have a valid donationes mortis causaof real property in Australia(element 2)If it was, the delivery of the keys was not sufficient Would also need a transfer of the documents of titleMake sure you understand the principles3. Testamentary Gifts AFTER DEATHGift made by will not concerned with this in prop lawo4. Abandonment Leonard George Munday V. Australian Capital Territory(1998) Munday was tip scavengerTip owner could stop him – semi public placePosting of signs saying ACT intended to manifest control over them – they owned propJohnstone & Wilmot v Kaine “On the whole I think that I should adopt the rule that the intentional abandonment of a chattel by the owner of it does not divest him of his ownership.”o5. BarterInternational BarterIn 2004 the WTO estimated that 15% or $8.43b in international trade was conducted on a non cash basisAccording to the US Dept of Commerce barter accounts for nearly 30% of world businessExample:oPepsi Cola’s arrangement with Russia where Pepsi is sold in exchange for Russian vodka and Russian-built oil tankers The vodka is exported and sold for hard currencyThe tanker can either be sold or operate in international trade for hard currencyoThey do this because some currencies are worthless in international viewpointExtremely complex goes through many hands many transactions after initial exchange
Topic 11: Native Title Rights & Interests11.1 Brief History of Native Title + Landmark CasesSettled as terra nullius (land belonging to no one)1979 protests Noonkanbah drilling still went ahead (they found no oil but still destroyed the sacred site)Mabo v Queensland No 2 (1992) CLRoThat the Meriam or Murray Islanders people held traditional connection to their landoThere was a concept of native title at common lawoThe source of native title was the traditional connection to or occupation of landoNative title could be extinguishedby valid exercise of government powers1993 Native Title ActoThis preamble sets out considerations taken into account by the Parliament of Australia in enacting the law that follows. oThe people whose descendants are now known as Aboriginal peoples and Torres Strait Islanders were the inhabitants of Australia before European settlement.