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
Thesis sponsors
Award date18 Aug 2018
DOIs
Publication statusUnpublished - 2018

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case law
uncertainty
Law
methodology

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title = "The Australian Torrens system principle of immediate indefeasibility: Is it 'fit for purpose' for the 21st century?",
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.",
keywords = "Land title registration, Exceptions to indefeasibility, Immediate indefeasibility, Deferred indefeasibility, Torrens system, Torrens fraud, omparative land title systems, Bijuralism rules",
author = "Penelope Carruthers",
year = "2018",
doi = "10.26182/5bb2ba8125b5b",
language = "English",
school = "The University of Western Australia",

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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.

KW - Land title registration

KW - Exceptions to indefeasibility

KW - Immediate indefeasibility

KW - Deferred indefeasibility

KW - Torrens system

KW - Torrens fraud

KW - omparative land title systems

KW - Bijuralism rules

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DO - 10.26182/5bb2ba8125b5b

M3 - Doctoral Thesis

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