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Seddon on Deeds eBook

2nd edition

Author

ISBN

9781760024123

Format

eBook

Publication date

22/09/2022

AUD $165.00 gst included

SKU: 9781760024123 Categories: , ,

This book is the definitive Australian text on the law applicable to the use of deeds by practitioners. It is about the technicalities of putting a deed together, determined by the ancient common law as modified by Australian legislation. Deeds are used by practitioners for a variety of purposes. This book focuses on the mechanics and not on the underlying law that is engaged by using a deed.  It is easy to get the mechanics wrong; there is advice to practitioners not to use deeds if a contract will suffice.  If a deed must be used, this book can steer the practitioner to a successful outcome, despite the difficulties generated by nine different statutory provisions, some of which are badly drafted and uncertain in application.

The COVID pandemic has stimulated changes to the law to enable electronic deeds. However, this has occurred in substantial and satisfactory legislation only under the Corporations Act and in Queensland. In New South Wales and Victoria electronic deeds have been enabled but otherwise the applicable law has not been changed. The federal problem thus remains, in particular for cross-border transactions.

Foreword by The Hon Michael Kirby AC CMG
Preface to first edition
Preface to current edition
Table of Cases
Table of Statutes

1. The Use of Deeds
2. Execution
3. Delivery and Escrow
4. Alteration and Variation
5. Interpretation
6. Enforcement and Remedies
7. Discharge

The author has prepared a table of Australian Deeds Legislation which acts as a handy summary of the key provisions of the relevant Acts in each of the Australian jurisdictions. It will be updated from time to time as new legislation is made. You can access and print the table from the following link:

Table of deeds legislation

For anyone whose work involves the enforcement of contracts, this usually means deeds, as well. Accordingly, I would recommend Seddon on Deeds to anyone with this type of practice. I have found this book very useful in my own work.

Robert Quirk, Hearsay, Issue 96: June 2024

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