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Electronic conveyancing in Australia — is anyone concerned about security?

journal contribution
posted on 2023-05-18, 04:53 authored by Thomas, R, Lynden Griggs, Low, R
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.

History

Publication title

Australian Property Law Journal

Volume

23

Pagination

1-16

ISSN

1038-5959

Department/School

Faculty of Law

Publisher

LexisNexis Butterworths

Place of publication

Australia

Rights statement

Copyright 2014 LexisNexis Butterworths

Repository Status

  • Restricted

Socio-economic Objectives

Justice and the law not elsewhere classified

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