Professor Sharon Christensen - Gadens Professor in Property Law

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Gadens Professor in Property Law

LLB (Hons), LLM (QUT)
Legal Practitioner, Queensland

Contact:

Room C718 (Gardens Point campus)
Tel: (07) 313 85204
Fax: (07) 313 82121
Email: s.christensen@qut.edu.au

Select Publications

Book, Reports and Book Chapters

Books

• Professional Liability in Property Transactions , Federation Press 2004, co-authored with W Duncan , ISBN 1 86287 5111, Published June 2004
• Land Contracts in Queensland , Federation Press, 2004, co-authored with W Dixon, W Duncan and S Jones, ISBN 1 86287 488 3, published February 2004.
• Contract Law, Oxford University Press, Melbourne, 2001, co-authored with L Willmott and D Butler. (pp v-lvi and pp 1- 836) (ISBN: 0 19 551006 2) Published in July 2001.
• Body Corporate Law and Practice, Law Book Co, Sydney 1999 co-authored with A Wallace (pp 1 - 14,841) (1300 pages) (ISBN: 0 455 215219
• Sale of Businesses in Australia, Federation Press, Sydney, 1997, (co-authored with WD Duncan). (pp 1-316) (110 pages) (ISBN: 1 86287 273 2)
• Land Titles Law and Practice, LBC Information Services Sydney 1997, (co-authored with A Wallace and W Dixon). (pp 1 - 10,092) (1000 pages) (ISBN: 0 455 21521 9)
• Conveyancing in Queensland, LBC Information Services Sydney 1996. (1100 pages) (ISBN: 0 455 21436 0)
• Butterworths Tutorial Series - Contracts Butterworths (1^st ed 1996, 2^nd ed 1999) (coauthored with L Wiseman and S Cusumano) 353 pages (ISBN 0 409 31548 6)

Reports

• Moving Queensland Property Transactions to the Digital Age: Can writing and signature requirements be fulfilled electronically? (co-authored with Prof WD Duncan and R Low) 96 pages [pdf file 1.2Mb]
• Graduate Capabilities in Law (co-author N Cuffe) 180 pages (ISBN 1 74107 005 8).
• Review of the Body Corporate and Community Management Act (co-authored with A Wallace) 263 pages - prepared for the Department of Natural Resources, Qld.

Chapters in books

• "Joint Ventures with Government "in Joint Ventures Law in Australia, W.D. Duncan (ed) The Federation Press Sydney 1994.(ISBN: 1 86287 126 4) (chapter 13 pp 394-425)
• "Landlord and Tenant" in Fisher, S (ed), The Law of Commercial and Professional Relationships, FT Law and Tax (Pearson Professional (Australia) Pty Ltd), 1996. (ISBN: 0 86453 000 5) (Chapter 17, pp 439-466)
• "The Effect of the Trade Practices Act 1974 (Cth) on Non-disclosure in Commercial Relationships" in Cockburn and Wiseman (ed) Disclosure in Business Relationships Federation Press, 1996. (ISBN 1 86287 235X) chapter 5, pp 92-116.
• "Consumer Protection" Queensland Court Forms and Precedents Butterworths, Sydney (with SR Lumb). (ISBN: 0 409 30088 8) (pp 17001-17241)

Articles

Major Refereed Articles

• "Assignment of Guarantees in Commercial Leases" (1992) 22 Queensland Law Society Journal 509-523
• "Recovery for Work performed in Anticipation of Contract: Is Reliance an Element of Benefit?" (1993) 11 Australian Bar Review 144-162
• "Can a Supplier of Goods Obtain a Proprietary Interest in Goods Attached to Personalty or Realty: Is a Romalpa Clause Effective" (1993) 4 Journal of Banking and Finance Law and Practice 264-280
• "The Role of due diligence in the exculpation of directors for environmental offences" (1993) 11 Company and Securities Law Journal 340-361
• "The Discretion to Grant Third Party Applications in the Planning and Environment Court: Is the Chancellor's Foot Still the measure?" (1994) 24 Queensland Law Society Journal 319-333
• "Vicarious and Ancilliary Liability for Misleading Conduct under the Trade Practices Act 1974 (Cth)" (1996) Current Commercial Law 99-109 (with Prof S Corones)
• "Unconscionability in Leasing Transactions" (1999) 27 Australian Business Law Review 280 - 299 (with Prof WD Duncan)
• "Retail Tenancy Disputes: Better the Tribunal or the Courts?" (1999) National Law Review 8 (with SR Lumb) (approx 30 A4 pages) (electronic journal)
• "Electronic Title in the Next Millenium" (2000) Flinders Journal of Law Reform 209-234 (with A Stickley)
• "Overcoming the Problems of Showing and Making Cyber Title" (2000) Aust Property Law Journal 38-48.(with Prof WD Duncan)
• "Graduate Attributes and Legal Skills: Integration or Disintegration" (2000) 11 Legal Education Review 207 - 237 (with S. Kift).
• "Safety in numbers? Not really; limits of joint action by retail lessees against a common lessor" (2001) Australian Property Law Journal 255 - 269 (with Prof WD Duncan)
• "Formation of Contracts by Email: Is it just the same as the post?" (2001) Vol 1 Queensland University of Technology Law and Justice Journal 22-38
• The Requirements of Writing for Electronic Land Contracts - The Queensland Experience Compared with Other Jurisdictions - (2003) E-law Journal, Murdoch University (September 2003) (with Prof WD Duncan and R Low)
• The Requirements of Signature for Electronic Land Contracts - The Queensland Experience Compared with Other Jurisdictions - (2003) E-law Journal, Murdoch University (December 2003) (with Prof WD Duncan and R Low)
• Exemptions from a Tenant's Express Obligation to Repair - Is the Landlord Responsible by Implication? (2004) Deakin Law Review 1-21 (with WD Duncan)
• Electronic Land Dealings in Canada , New Zealand and the United Kingdom : Lessons for Australia (2004) E-Law Journal, Murdoch University (December 2004)
• Electronic Signatures and PKI Frameworks in Australia (2004) 1(2) E-Signature Law Journal 56-59 (with R Low)
• Is Indefeasibility of Title a Bar to Restitution after Reversal of a Judgment on Appeal (2005) Australian Property Law Journal 81-89 (with WD Duncan)
• Ascertaining when loss is first suffered by misleading conduct: the relevance of contingencies, future predictions and concealment? (2005) Trade Practices Law Journal (September in press) (With SR Lumb)

Minor Refereed Articles

• "When will time of the essence be implied" (1991) 6 Australian Property Law Bulletin 47
• "Extinguishment of Easements" (1991) 6 Australian Property Law Bulletin 37 -38
• "Effect on a Solicitors Lien of a Failure to Deliver a Bill of Costs" (1992) 22 Queensland Law Society Journal 65-67
• "Attestation pursuant to the Real Property Act 1861" (1992) 22 Queensland Law Society Journal 69 - 71
• "Withdrawal of Caveat - Can a purchaser object" (1992) 22 Queensland Law Society Journal 247 - 250
• "Mortgagees in Possession Beware: The Right of the Lessee to Set-offs" (1993) 7 Australian Property Law Bulletin 81-83
• "Is failure to Register A Lease an "Insuperable Obstacle" to its Validity?" (1992) 22 Queensland Law Society Journal 341 - 346 (with D Skennar)
• "When is a Memorandum of Sale not an "Instrument" under the Land Sales Act 1984?" (1993) 14 Queensland Lawyer 10-11
• "Can Non-Disclosure of a Defect in Quality of Title Entitle a Purchaser to Rescind?" (1993) 23 Queensland Law Society Journal 311-315 (with SR Lumb)
• "Are Long Term Leases not in Registrable Form Void at Law and in Equity?" (1994) 14 Queensland Lawyer 227-231
• "Queensland's New Land Title Act" (1994) 8 Australian Property Law Bulletin 113-114
• "Waiver of Third Party Consents in Contracts of Sale" (1995) 9 Australian Property Law Bulletin 192-193.
• "When Does An Extension of Time Create An Instalment Contract" (1995) 9 Australian Property Law Bulletin 201-202
• "Update: Instalment Contracts and Extensions of Time" (1995) 10 Australian Property Law Bulletin 39-40
• "Premiums Paid to Bodies Corporate for Transfer of Management Agreements: Are they Recoverable? (1995) 16 Queensland Lawyer 43- 44
• "Special Conditions: For Whose Benefit Do They Enure?" (1995) 16 Queensland Lawyer 9-11
• "Mortgage Introduction Services and Solicitors - Are the Rewards Worth the Risk?" (1996) 17 Queensland Lawyer 47-50
• "Advertising on the common property - is it always an exclusive use?" (1997) 18 Queensland Lawyer 43-45
• "REIQ Contract for the Sale of Lots in a Community Titles Scheme" (1998) 18 Proctor 24
• "A Return to Chan v Cresdon: post the Land Title Act 1994 (Qld)" (1998) 13 Australian Property Law Bulletin 41
• "Finance Clauses - When is an approval not an approval?" (1999) 19 Proctor 29-30 (Queensland Law society frequently refers solicitors to this article in relation to finance clauses).
• "Court Adjustment of Lot Entitlements" (2000) 14 Australian Property Law Bulletin 91-93
• "Adjustment of Lot Entitlements: Is the Court Approach Just and Equitable" (2000) 20 Queensland Lawyer 226-229
• "Property Agents and Motor Dealers Act: Disclosure, Cooling-Off and Marketeers" (2001) (Findlaw Australia) (with W.Dixon)
• "Property Agents and Motor Dealers Act Take Two" (2001) 11 Proctor
• "Marketeers Beware!" (2001)16(3) APLB 25 (with W.Dixon)
• "Property Agents and Motor Dealers Act: Strike Three" (2002) 6 Proctor 14-17. (with W.Dixon)
• "Safety Switches - What are your obligations" (2002) Sept Proctor
• "Finance Approval: when is waiver of cl 3 required?" (2002) 23 Queensland Lawyer 5-6
• "What Lawyers need to know v what lawyers need to do" (2002) 1 Proctor 18-19 (with N Cuffe)
• "Safety Switches in Queensland" (2002) 17 (5) Australian Property Law Bulletin 35-37 (with W Dixon).
• "When is a Warning Statement Attached to a Contract?" (2003) 23 (1) Proctor 23 (with W Dixon)
• "Can Changing the Date of Contract Create a Counter offer" (2003) 17 (7) Australian Property Law Bulletin 53-55 (with WD Duncan)
• "Amendments to Body Corporate and Community Management Act - a Snapshot" (2003) 23(3) Proctor 20-22 (with A Wallace)
• "Moving the Statute of Frauds to the Digital Age" (2003) 77 Australian Law Journal 416 (with R Low)
• Vexed Question of Landlord Liability (2003) 18 Australian Property Law Bulletin 15-17 (with WD Duncan)
• Revised Body Corporate and Community Management Act - A six month review (2003) 18 Australian Property Law Bulletin 25-31 (with A Wallace)
• Reliance on Essential Time Provisions is not Unconscientious Conduct (2003) 18 APLB 49-51
• Termination clauses in land contracts: can a failure to act reasonably entitle a buyer to relief against forfeiture? (2004) 18 APLB 73-75
• Adjustment of lot entitlements in a community title scheme: rebutting the presumption of equality (2004) APLB 75-77
• Property Transactions, misleading conduct and loss - extending the limitation period for contingencies (2004) 18 APLB 81-83
• When can a body corporate enter a lot for the purpose of cleaning common property? (2004) 18 APLB 89-91
• Creating an instalment contract through discounts and rebates (2004) 18 APLB 101 -102
• Sharing Responsibility for misleading conduct: Is Professional liability no longer 'all or nothing"? (2004) 19 APLB 37-42
• Marketeers, market value and misleading conduct - can the ACCC protect consumers? (2004) 14 APLB 25-29
• Relevance of subsequent events to an assessment of compensation for misleading valuations: 'market value' or 'real value'? (2004) 19 APLB 61-64
• Can a warning statement be 'attached' to a residential contract sent by fax? (2005) 19 APLB 97-98
• PAMDA Warning Statements and Faxes: Consumer Protection to have Primacy over Commercial Convenience (2005) 20 APLB (in press)

Conference Papers

Published Conference Papers (International)

• (1995)"Impact of the Building Units and Group Titles Legislation in Queensland" Australasian Law Teachers Association Conference, Melbourne, September 1995 (with A Wallace).
• (1996) "Ancillary Liability of Directors and Agents under the Trade Practices Act" , Australasian Law Teachers Association Conference, Adelaide, July 1996 (with Prof S Corones)
• (2000)"Legal Skills and Ethics:" Integration or Disintegration?" Commonwealth Legal Education Association Adelaide April 2000 (30 A4 pages) (with S Kift)
• (2000) "Embedding Graduate Attributes and Skills: Trick or Treat - Tips and Traps" Australasian Law Teaching Association Conference Canberra 4 July 2000 (28 A4 pages) (with S Kift)
• (2001) "A new Legislative Framework for Electronic Contracts in Australia: Promises and Pitfalls"Australasian Law Teachers Association Conference, Vanautu, July 2001 (presented by L Willmott)
• (2002)"Embedding Graduate Attributes in Law - Why, How and is it working" ILE Conference Yeppoon June 2002 (with N Cuffe) (refereed)
• (2002)"Aiming the Consumer Protection Arrow at Marketeers" Real Property Teachers Conference 2002 Brisbane October 2002

Published Conference Papers (National)

• (1999) "A New First Year for a New Millennium: Curing the First Year Virus in Y2K" presented at 5^th Annual Legal Education Day, Southern Cross University Byron Bay, 6 Dec 1999 (25 A4 pages) (with S Kift)
• (2000) " Developing the Transference of Generic Comprehension Skills to Legal Analysis within First Year Law" 6^th Annual Legal Education Day, QUT, Brisbane 2000 (23 A4 pages) (with S Kift)
• (2000) " Curriculum Review for Generic Competency: The Faculty of Law as a Case Study" 6^th Annual Legal Education Day, QUT, Brisbane 2000 (18 A4 pages) (with S Kift)