The Australian Torrens system principle of immediate indefeasibility: Is it 'fit for purpose' for the 21st century?

Penelope Carruthers

Research output: Thesis › Doctoral Thesis

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Abstract

This doctoral thesis examines the Australian Torrens system principle of immediate indefeasibility. This principle ensures that a non-fraudulent registered proprietor of an interest in Torrens land obtains a title that is immune from challenge even though registration is based on a forgery or other defective instrument. Using doctrinal and comparative law methodologies this thesis critically analyses the immediate indefeasibility principle. The research demonstrates that, despite some uncertainty in the operation of the principle, the evolving case law and legislative developments ensure the principle of immediate indefeasibility is 'fit for purpose for the 21st century.
Original languageEnglish
QualificationDoctor of Philosophy
Awarding Institution
  • The University of Western Australia
Thesis sponsors
Award date18 Aug 2018
DOIs
Publication statusUnpublished - 2018

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case law
uncertainty
Law
methodology

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Carruthers, Penelope. / The Australian Torrens system principle of immediate indefeasibility: Is it 'fit for purpose' for the 21st century?. 2018.
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abstract = "This doctoral thesis examines the Australian Torrens system principle of immediate indefeasibility. This principle ensures that a non-fraudulent registered proprietor of an interest in Torrens land obtains a title that is immune from challenge even though registration is based on a forgery or other defective instrument. Using doctrinal and comparative law methodologies this thesis critically analyses the immediate indefeasibility principle. The research demonstrates that, despite some uncertainty in the operation of the principle, the evolving case law and legislative developments ensure the principle of immediate indefeasibility is 'fit for purpose for the 21st century.",
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Carruthers, P 2018, 'The Australian Torrens system principle of immediate indefeasibility: Is it 'fit for purpose' for the 21st century?', Doctor of Philosophy, The University of Western Australia. https://doi.org/10.26182/5bb2ba8125b5b

The Australian Torrens system principle of immediate indefeasibility: Is it 'fit for purpose' for the 21st century? / Carruthers, Penelope.

2018.

Research output: Thesis › Doctoral Thesis

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AB - This doctoral thesis examines the Australian Torrens system principle of immediate indefeasibility. This principle ensures that a non-fraudulent registered proprietor of an interest in Torrens land obtains a title that is immune from challenge even though registration is based on a forgery or other defective instrument. Using doctrinal and comparative law methodologies this thesis critically analyses the immediate indefeasibility principle. The research demonstrates that, despite some uncertainty in the operation of the principle, the evolving case law and legislative developments ensure the principle of immediate indefeasibility is 'fit for purpose for the 21st century.

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KW - Deferred indefeasibility

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KW - Torrens fraud

KW - omparative land title systems

KW - Bijuralism rules

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Carruthers P. The Australian Torrens system principle of immediate indefeasibility: Is it 'fit for purpose' for the 21st century?. 2018. https://doi.org/10.26182/5bb2ba8125b5b

Access to Document

  • THESIS - DOCTOR OF PHILOSOPHY - CARRUTHERS Penelope Jane - 2018

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