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Identity fraud and land registration systems : an Australian perspective

Griggs, Lynden & Low, Rouhshi (2011) Identity fraud and land registration systems : an Australian perspective. The Conveyancer and Property Lawyer, -(4), pp. 285-308.

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Abstract

There is no doubt that fraud in relation to land transactions is a problem that resonates amongst land academics, practitioners, and stakeholders involved in conveyancing. As each land registration and conveyancing process increasingly moves towards a fully electronic environment, we need to make sure that we understand and guard against the frauds that can occur. What this paper does is examine the types of fraud that have occurred in paper-based conveyancing systems in Australia and considers how they might be undertaken in the National Electronic Conveyancing System (NECS) that is currently under development. Whilst no system can ever be infallible, it is suggested that by correctly imposing the responsibility for identity verification on the appropriate individual, the conveyancing system adopted can achieve the optimum level of fairness in terms of allocation of responsibility and loss. As we sit on the cusp of a new era of electronic conveyancing, the framework suggested here provides a model for minimising the risks of forged mortgages and appropriately allocating the loss. Importantly it also recognises that the electronic environment will see new opportunities for those with criminal intent to undermine the integrity of land transactions. An appreciation of this now, can see the appropriate measures put in place to minimise the risk.

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ID Code: 46059
Item Type: Journal Article
Keywords: Apportionment, Australia, Disposition of property, Electronic conveyancing, Identity fraud, Land Registration, Mortgage fraud, Risk Assessment, Accountability
ISSN: 0010-8200
Subjects: Australian and New Zealand Standard Research Classification > COMMERCE MANAGEMENT TOURISM AND SERVICES (150000) > ACCOUNTING AUDITING AND ACCOUNTABILITY (150100)
Divisions: Current > QUT Faculties and Divisions > QUT Business School
Current > Schools > School of Accountancy
Copyright Owner: Copyright 2011 Sweet & Maxwell
Deposited On: 21 Sep 2011 09:14
Last Modified: 10 Oct 2011 04:28

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