Personal
- Name
- Professor Bill Duncan
- Position(s)
- Professor
Faculty of Law,
Law School - Discipline *
- Law
- Phone
- +61 7 3138 4643
- Fax
- +61 7 3138 1161
- w.duncan@qut.edu.au
- Location
- View location details (QUT staff and student access only)
- Qualifications
-
LLM (University of London), LLB (University of Queensland)
- Keywords
-
Commercial leasing, Land Transactions, Mortgages, Property law
Biography
Background Professor Duncan, who was admitted as a solicitor in 1970, has been a member of the Law Faculty staff since 1986, and was from 1990 to 2000, the Feez Ruthning Professor of Property Law (later known as Allen Allen & Hemsley Professor of Property Law). He was a Director of the Centre for Commercial and Property Law within the Faculty from 1990-2002 inclusive. Prior to joining the Faculty he practised as a solicitor in Queensland from 1978 to 1985, and from 1973 to 1978 was a lecturer in law at the University of Queensland. Since July 1989 he has been a specialist consultant in property law matters at Feez Ruthning, Allen Allen & Hemsley and presently, Allens Linklaters, Solicitors. Professor Duncan’s main research interests include Property Law, particularly Land Contracts, Commercial Leases, Real Property Mortgages and Real Estate Agency Law. He was a member of the Queensland Law Society Property Law and Practice Committee from 1979 to 1997 and participated actively during that time in the development of three editions of the Standard Land Contract in Queensland. He consulted on the 1996 REIQ contract for Houses and Land Conveyancing. He was in 1999 a specialist consultant to the Queensland Office of Fair Trading on real estate marketing practices and in 2002 in respect of the regulation of body corporate managers for the Department of Natural Resources and Mines.He is currently (2013),with other Faculty colleagues, undertaking a research consultancy to update Queensland property laws. He was a part-time member of the Queensland Law Reform Commission for three years from September 1997 until September 2000. With Professor Sharon Christensen, he has been retained to review the Conveyancing Protocol for Queensland since 2006.He has been an Academic Fellow of the Australian College of Community Assocaition Lawyers since 2008 and a Member of the National Community Titles Institute.He was elected as a Fellow of the Australian Academy of Law in 2012. Professor Duncan’s books include Land Contracts in Queensland (with S Christensen, WM Dixon and SE Jones (3rd ed, 2011), Professional Liability and Property Transactions (with S Christensen, 2004), The Standard Land Contract in Queensland (with SE Jones, 4th ed, 1996), Commercial Leases (6th ed, 2011), The Law of Real Property Mortgages (with WM Dixon, 2nd ed.2013), Due Diligence (with S Traves, 1995), Sale of Businesses in Australia (with S Christensen, 2nd ed, 2009) and Real Estate Agency Law in Queensland (4th ed, 2006). He has also co-authored the books Foreign Investment Law in Australia and edited the books Planning and Environment Law in Queensland (1993) and Joint Ventures Law in Australia (3rd ed, 2012). He co-authored the major loose-leaf service Property Law and Practice (with Anne Wallace) since 1982. and from 2012 co-authored the on line service Commercial and Retail Leases in Australia for Thomson Reuters.Professor Duncan has also published over 50 major journal articles and 80 notes on Real Estate Law and Transactions and related matters since 1974. Research Interests
- Property Law
- Land Sale Contracts
- Commercial Leases
- Real Estate Mortgages
- Real Estate Agency Law
Teaching
Units Currently Taught
- LWB 497 Advanced Research Project
- LWB312 Real Estate Transactions
- LWN122 Commercial Leases
- LWB 244 Property B
- LWN 203 Commercial Contracts Construction and Enforcement
Publications
- Christensen SA, Duncan BD, (2010) Green Leases- Becoming a Reality, Australian Property Law Journal p1-11
- Christensen SA, Duncan BD, (2010) Estoppel in the face of consumer protection in land transactions- judicial reasoning or judicial intuition, Australian Property Law Journal p113-131
- O'Connor PA, Christensen SA, Duncan BD, (2009) Legislating for sustainability: a framework for managing statutory rights obligations and restrictions affecting private land, Monash University Law Review p233-261
- Christensen SA, Duncan BD, Stickley AP, (2009) Behavioural biases and information disclosure laws relating to residential property sales: narrowing the gap between existing laws and calls for future reforms., Queensland University of Technology Law and Justice Journal p251-279
- Christensen SA, O'Connor PA, Duncan BD, Ashcroft RI, (2008) Early land grants and reservations: Any lessons from the Queensland experience for the sustainability challenge to land ownership, James Cook University Law Review p42-66
- Christensen SA, Duncan BD, Stickley AP, (2008) Shifting paradigms of government liability for inaccurate information, ELaw Journal p185-211
- Christensen SA, Duncan BD, Stickley AP, (2008) Avoiding responsibility for misleading brochures - Is it simply a matter of disclaimers?, Australian Property Law Journal p24-50
- Christensen SA, Duncan WD, (2007) Green Leases - A New Era in Landlord and Tenant Co-operation?, Australian Property Law Journal p54-65
- Christensen SA, Duncan BD, (2006) Breaches of Lease 'Capable of Remedy': A Technical or Practical Approach?, Australian Property Law Journal p204-216
- Christensen SA, Duncan BD, (2005) Unconsciousability in Commercial Leasing - Distinguishing a Hard Bargain from Unfair Tactics? , Competition and Consumer Law Journal p158-175
For more publications by this staff member, visit QUT ePrints, the University's research repository.
Research projects
Grants and projects (Category 1: Australian Competitive Grants only)
- Title
- An Integrated Legal Regime for a Sustainable Carbon Cycle
- Primary fund type
- CAT 1 - Australian Competitive Grant
- Project ID
- DP1094061
- Start year
- 2010
- Keywords
- Sustainable Development, Property Rights, Natural Resources Law, Climate Change Regulation, Environmental Law
- Title
- An Institutional Framework to Facilitate Sustainable and Integrated Natural, Cultural and Built Resources Governance
- Primary fund type
- CAT 1 - Australian Competitive Grant
- Project ID
- DP0771825
- Start year
- 2007
- Keywords
- land ownership, land use, sustainable development, natural and cultural resources, property rights, governance,