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

Research output: ThesisDoctoral 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
Supervisors/Advisors
  • Skead, Natalie, Supervisor
  • Carroll, Robyn, Supervisor
Thesis sponsors
Award date18 Aug 2018
DOIs
Publication statusUnpublished - 2018

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