Darryl Kerrigan’s “law of common sense” is becoming an increasingly rare commodity in Australia when it comes to dealing with property rights. In recent years there has been “a gradual, but significant, erosion of traditional protections for private property rights”. The disregard for and lack of interest that is shown in property rights is somewhat unusual given the highly fashionable status within some Australian circles of the idea of a National Bill of Rights and enhanced protections for individual human rights more generally. As Chris Berg from the Institute of Public Affairs has observed:\ud \ud … in the late 20th century, the right to property became the mistreated stepchild of human rights law. Related, but unloved
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