Blog 50. My Papers and Articles since 1981.

This is not a Blog about caveats but is a list of what I have written over 40 years, some of which I had lost track of.

Over the Summer of 1979–80 I did the Monash LLM subject “Company Liquidations” for which I wrote an essay.  Professor Baxt called me to his office and asked if it could be published, hence: “The law relating to disputed indebtedness where the winding–up of a company is sought on the ground of inability to pay debts”: Australian Business Law Review Volume 9 p. 94 (1981).

Then in 1984 I saw a notice on the Bar Notice Board that the University of Melbourne was offering $2,500 for someone to write a paper on property law.  This was the Pinkerton Scholarship.  No one at the University seemed to know the origin of this scholarship but I gathered that someone of that surname in Ballarat had left a capital sum to establish the scholarship a long time ago – I think I have since seen art in the Ballarat Art Gallery donated by someone of that surname.  And in preparing this Blog I have googled “Pinkerton Ballarat” and see this was Frank Pinkerton born 1858.  I asked my old College Tutor Ross Sundberg for a good topic, he supplied it, I got the scholarship, wrote the paper, and, I am sure through Ross’ good offices, it was published in the Australian Law Journal: “The applicability of Section 62 of the Property Law Act  1958 (Vic.) to the transfer of Torrens System land”: (1987) 61 ALJ 215.

Next was “Compensation for loss due to town planning restriction under Part 5 of the Planning and Environment Act 1987”: The Valuer and Land Economist Volume 33 p. 239 (1994).   Then from 1995 were Law Institute Journal articles.  Then compulsory CPD arrived for legal profession giving further opportunities.  This list will be updated from time to time.


Recent decisions on Mortgagee/Lessee disputes.  LIJ March.


Testator’s family maintenance – the new regime.  LIJ February.

Town planning: social and economic considerations.  LIJ May.

Town planning – the medium density maelstrom (with David Whitney).  LIJ October.


Urgent injunctions.  LIJ March.

Injunctions & Interlocutory Relief in Proceedings related to Property.  LAAMS Seminar Paper


Which court? Choices in Victorian civil litigation (with Alan Vassie). LIJ June.


Defeating Testator’s Family Maintenance claims.  LIJ January – February.


Modifying and Extinguishing Restrictive Covenants in Victoria. Television Education Network Seminar Paper, October.


Modifying and discharging restrictive covenants in Victoria.  LIJ January – February.


Amendment and Cancellation of Planning Permits.  Victorian Bar Seminar Paper, May.


Rolling out the plans – Amendment and Cancellation of Planning Permits.  LIJ January – February.

The Rule in Saunders v Vautier.  Wills and Probate Bulletin, February.

Land protection – Caveats related to Unit Trusts.  LIJ July.


Lease Terminations, Repairs and Make Good.  Television Education Network Seminar Paper, February.

Be aware – Caveats related to Constructive Trusts.  LIJ April.

Caveats and Trusts.  Southern Solicitors Group Seminar Paper, July.


Costs Orders in Testator’s Family Maintenance proceedings.  LIJ December.


Caveats – When and when not to lodge and recent developments.  Leo Cussen Seminar Paper, June.

Modifying and discharging restrictive covenants: an update.  LIJ December.


The effect of Pre-Contractual Representations.  Legalwise Seminar Paper, March.

Wills and Probate Refresher.  CPDS Seminar Paper, March.

The effect of Pre-Contractual Representations.  Business Law Study Group Paper, May.

Interpretation of restrictive covenants.  LIJ October.


Property Law Case Updates.  Legalwise Seminar Paper, March.

Sale of Land – Enforcing Rights and Remedies.  Foleys List Seminar Paper, July.

Sale of Land – Enforcing Rights and Remedies.  Foleys List Seminar Paper, November.

Testator’s Family Maintenance Legislative Changes and Update.  Foleys List Seminar Paper, November.


New form of contract for sale of land and its impact on your practice.  Legalwise Seminar Paper, March.

Restrictive covenants and section 173 agreements.  Television Education Network Seminar Paper, May.

Malleability of a doctrine (proprietary estoppel).  LIJ May.

Proprietary estoppel – An oasis without palm trees or even water? (with Jim Mellas). Television Education Network Seminar Paper, August.


Testator’s Family Maintenance Cases over the last two years – The rise of ancillary matters.  Foleys List Seminar Paper, February.

The Contract of Sale: Getting it right from the beginning.  Legalwise Seminar Paper, March.

Residential Tenancy Eviction.  Foleys List Seminar Paper, June.


Issues arising at the end of a Retail Lease (Victoria).  Television Education Network Seminar Paper, March.

Property Law Case Law Update. Legalwise Seminar Paper, March.

Property Law Recent Developments. Leo Cussen Paper, April.

Ancillary issues in testator’s family maintenance litigation.  LIJ June p42.

Questionable Caveats – to lodge or not to lodge?  Leo Cussen Seminar Paper, July

VCAT Property Case Update.  Leo Cussen Seminar Paper, August.

Lease termination: where do disputes arise? – Legalwise Seminar Paper, November.


Restrictive Covenants: Interpretation and Removal – Legalwise Seminar Paper, March 2018

Caveats (with Mark McKillop).  Foleys List Seminar Paper, March.

Electronic transactions involving property – signing on the digital line (with Emma Duke). Television Education Network Seminar Paper and Webinar, March.

Informal Wills. LIJ May.

Caveats – An Update.  UNSW Law Continuing Legal Seminar Paper, July.

Co-ownership disputes. LIJ August.

Electronic Contracts in Victoria (with Emma Duke). LIJ September.

Leases – Damages and Compensation.  Legalwise Seminar Paper, November.


Co-ownership Disputes.  Legalwise Seminar Paper, March.

Lease Termination – Where do Disputes Arise? Legalwise Seminar Paper, June.

Eviction Notice!  Terminating the Commercial Lease – Leo Cussen Seminar Paper, August.

Sale of Land Amendment Act 2019.  Law Institute of Victoria (LIV) Seminar Paper, October.

Caveats and Contracts of Sale.  LIJ November (p 42).


Caveats under the Transfer of Land Act.  Foleys List Podcast (February) and Paper (April).

Co-ownership Disputes.  Foleys List Podcast (May) and Paper (July).

Exclusion Clauses (with Sahrah Hogan).  Leo Cussen Seminar Powerpoint, June.

Concealment and Sale of Land.  LIJ October.

Recent Cases on Formation of Contracts of Sale of Land.  Foleys List Paper, Podcast, and Video November.


Non-Disclosure, Sale of Land and Litigation.  Leo Cussen Seminar Paper, February.

Recent Cases on Performance and Breach of Contracts of Sale of Land.  Foleys List Paper and Podcast, March.

Co-ownership Disputes – Update.  LIJ April.

Insights into Co-ownership Disputes.  LIV Seminar Paper, August.

The Odd Couple: Caveat Update & Exclusion Clauses.  Commercial Litigation Specialist Study Group Powerpoint, September.

Victorian Cases on Contracts of Sale of Land and on Forged Mortgages in 2021.  Foleys List Paper and Podcast, December.


       Philip H. Barton

          Owen Dixon Chambers West

        Tuesday, October 19, 2021

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