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Automated Torrens Registration: An Australian and New Zealand experience
conference contribution
posted on 2023-05-24, 11:35 authored by Thomas, R, Low, R, Lynden GriggsThe thesis presented in this paper is that the land fraud committed by Matthew Perrin in Queensland and inflicted upon Roger Mildenhall in Western Australia demonstrates the need for urgent procedural reform to the conveyancing process. Should this not occur, then calls to reform the substantive principles of the Torrens system will be heard throughout the jurisdictions that adopt title by registration, particularly in those places where immediate indefeasibility is still the norm. This paper closely examines the factual matrix behind both of these frauds, and asks what steps should have been taken to prevent them occurring. With 2012 bringing us Australian legislation embedding a national e-conveyancing system and a new Land Transfer Act for New Zealand we ask what legislative measures should be introduced to minimise the potential for such fraud. In undertaking this study, we reflect on whether the activities of Perrin and the criminals responsible for stealing Mildenhall's land would have succeeded under the present system for automated registration utilised in New Zealand.
History
Publication title
11TH APLT CONFERENCE 2012 Abstracts and BiographiesEditors
Dr. Tang Hang WuDepartment/School
Faculty of LawPublisher
Faculty of Law, National University of SingaporePlace of publication
onlineEvent title
11TH AUSTRALASIAN PROPERTY LAW TEACHERS CONFERENCE 2012Event Venue
Faculty of Law, National University of SingaporeDate of Event (Start Date)
2012-07-12Date of Event (End Date)
2012-07-13Repository Status
- Restricted