Melbourne Law School - Research Publications

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    Vale Marvin Mitchelson (1928-2004): divorce lawyer to the stars
    Park, M. M. ( 2004)
    This item is an unpublished obituary noting the death of renowned publicity-seeking Hollywood celebrity divorce lawyer Marvin Mitchelson
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    Etymythology. [Review of the book Port out, starboard home and other language myths]
    Park, M. M. ( 2004)
    The book reviewed chases down the provenance of words and tackles spurious word origins — “etymythology” as coined by a fellow practitioner Laurence Horn. These are the lexicographical equivalents of urban legends.
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    Compulsory maintenance of the Land Register: an exception to the fundamental principle of a conclusive register underpinning the Land Registration Act 2002
    Park, M. M. ( 2004)
    The experience of the then Australian colonies in introducing land title registration in the nineteenth century provides a vantage point to observe and provide commentary on the recently enacted Land Registration Act 2002.The author offers the observation that the legislative draftsperson has, perhaps inadvertently, included an exception to what the Law Commission described as ‘the fundamental principle’ of a land registration system, that of the conclusive register wherein interests not recorded in the register have no legal effect. Thus, pursuant to the adverse possession provisions of the Act, it is possible for a trespasser or squatter to acquire an unassailable title to registered land without that title being disclosed on the register. The conclusion, based on the Australian experience, is that the advantages of registered title land are insufficient to overcome the inertia of interest holders and mandatory participation in the registered title system is essential for the integrity of the register.
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    The heirs of Howe and Hummel
    Park, M. M. (Victorian Bar, 2004)
    Those believing the practice of law to be a gentleman’s profession should be prepared to be disabused of that misapprehension.