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Immediate indefeasibility : is it under threat?

Low, Rouhshi & Griggs, Lynden (2011) Immediate indefeasibility : is it under threat? Australian Property Law Journal, 19(2), pp. 222-230.

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Abstract

Immediate indefeasibility has been adopted in Australia for close to 40 years. Recently however, and against the backdrop of economic fragility and global deregulation, there has been a polite questioning of its place. In Australia, some may argue that case law developments and legislative reform have placed indefeasibility under the microscope — in New Zealand, a similar telescoping by the respected views of their Law Commission. This note examines these reforms. It concludes that these reforms do not place immediate indefeasibility under threat. Rather, they modify and adapt the doctrine to fit within the context of contemporary financial instruments. Nevertheless, changes have so far been piecemeal, and its time for a consistent and logical examination of this issue to occur on the national, rather than the stage of each state.

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ID Code: 41094
Item Type: Journal Article
Keywords: Immediate indefeasibility, Identity fraud, Torrens system
ISSN: 1038-5959
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)
Divisions: Current > QUT Faculties and Divisions > QUT Business School
Current > QUT Faculties and Divisions > Faculty of Law
Past > Institutes > Information Security Institute
Current > Schools > School of Law
Current > Schools > School of Accountancy
Copyright Owner: Copyright 2011 LexisNexis
Deposited On: 16 Jun 2011 16:18
Last Modified: 13 Aug 2011 00:04

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