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Electronic conveyancing in Australia is anyone concerned about security?


Thomas, R and Griggs, LD and Low, R, Electronic conveyancing in Australia is anyone concerned about security?, Australian Property Law Journal, 23 pp. 1-16. ISSN 1038-5959 (2014) [Refereed Article]

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Copyright 2014 LexisNexis Butterworths


We have previously suggested that three proof requirements are essential for a sustainable land registration system. These were proof of identity, proof of ownership and authority to deal. Our attention in this article is drawn to the security framework that surrounds these requirements. We will ask whether the introduction of the Property Exchange of Australia (PEXA), and its underpinning regulatory regime will meet the concerns that we have in relation to them. In drawing out some problems with PEXA, we then offer an innovative idea, sourced from the transfer of equities that could serve to generate discussion on how we can ensure the Torrens system of land registration is sustainable for another 160 years. We also canvass some more incremental suggestions that evolve out of what we currently do, as well as outlining some comparative externally sourced ideas as to how the transfer and ownership of land can be made safer for all citizens. Such a goal is imperative when land transfer and secure property ownership is a critical component of the economic infrastructure of a modern society.

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Private law and civil obligations
Research Field:Property law (excl. intellectual property law)
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Justice and the law not elsewhere classified
UTAS Author:Griggs, LD (Mr Lynden Griggs)
ID Code:96351
Year Published:2014
Deposited By:Faculty of Law
Deposited On:2014-10-31
Last Modified:2015-05-05

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