Faculty of Law

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

 

 

Last reviewed: 25 October, 2011