Dr Scott Grattan
Position in Faculty
Senior Lecturer and Sub-Dean
Publications on RIS
Degrees Held
BA LLB (Hons) Macq, LLM British Col, PhD UNSW, Solicitor NSW.
Research Areas
Research Areas: Interaction between property rights theory
and property law doctrine; Choice of law in tort.
Publications and Journal Articles
- "Courting Councils and Counselling Courts: Subjectivity
and Objectivity in s88K cases" (2005) 12 Australian
Property Law Journal 126-156;
- "The Name(s) of the Rose: Personality, Preferences
and Court-Imposed Easements" (2004) 10 Canterbury Law
Review 329-345;
- "Proprietarian Conceptions of Statutory Access Rights"
in E Cooke, Modern Studies in Property Law Vol 2 (2003)
Hart Publishing, pp 353-374;
- (with Luke McNamara) "The Recognition of Indigenous
Land Rights as 'Native Title': Continuity And Transformation"
(1999) 3 Flinders Journal of Law Reform, 137-162;
- (with Luke McNamara) "The Common Law Construct of
Native Title: A 'Re-Feudalisation' of Australian Land Law"
- (1999) 8 Griffith Law Review 50 - 85
- "Judicial Reasoning and the Adjudication of Airspace
Trespass" (1996) 4 Australian Property Law Journal
128 - 145
Conference Papers/Presentations
- "The Names of the Rose: Personality, Preferences
and Court-Imposed Easements", paper presented at the
Australasian Real Property Teachers' Conference, University
of Canterbury, Christchurch, New Zealand, July 2004;
- "Proprietarian Conceptions of Statutory Access Rights",
paper presented at the 4th biennial conference of the Centre
for Property Law, University of Reading, Reading, United
Kingdom, March 2002;
- "The Logos of Land: Section s88K and Economic Theory,
paper presented at the Australasian Real Property Law Teachers'
Conference, Melbourne, February, 2001;
- "Conflicts and Platonic Allegory: Choice of Law in
the Shadows of the Cave", paper presented at Legal
Theory Seminar Series, Department of Law, Birkbeck College,
University of London, May 1999
- (with Luke McNamara) "The Recognition of Native Title:
Legal Pluralism or Legal Imperialism?", paper presented
at Law and History Conference, Melbourne, July 1998
- "The Concepts of 'People' and 'Place' in Tort Choice
of Law", paper presented at Law and Society Conference,
Southern Cross University, December 1995
- "Judicial Reasoning and the Adjudication of Airspace
Trespass", paper presented at Australian Real Property
Law Conference, Bond University, July 1995
Academic Theses
- "People and Place as Norms in Multistate Tort Adjudication",
LLM thesis, University of British Columbia, completed December
1996.
- "Assignments of Future Property as Illustrative of
the Maxim 'That Equity Regards as Done that Which Ought
to Be Done'", LLB Honours research project, Macquarie
University, completed 1988.
Teaching Commitments
Property and Trusts A and B (includes equity, trusts and
succession); Conflict of Laws.
Contact Details
Phone (02)4221 4423
Fax (02)4221 3188
Email: scott_grattan@uow.edu.au
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