Land fraud and inappropriate dealings in an electronic environment : An Australian and New Zealand perspective

Thomas, Rod, Low, Rouhshi, & Griggs, Lynden (2012) Land fraud and inappropriate dealings in an electronic environment : An Australian and New Zealand perspective. In The 11th Australasian Property Law Teachers Conference, 12-13 July 2012, National University of Singapore, Singapore. (Unpublished)

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The thesis presented in this paper is that the land fraud committed by Matthew Perrin in Queensland and inflicted upon Roger Mildenhall in Western Australia demonstrates the need for urgent procedural reform to the conveyancing process. Should this not occur, then calls to reform the substantive principles of the Torrens system will be heard throughout the jurisdictions that adopt title by registration, particularly in those places where immediate indefeasibility is still the norm. This paper closely examines the factual matrix behind both of these frauds, and asks what steps should have been taken to prevent them occurring. With 2012 bringing us Australian legislation embedding a national e-conveyancing system and a new Land Transfer Act for New Zealand we ask what legislative measures should be introduced to minimise the potential for such fraud. In undertaking this study, we reflect on whether the activities of Perrin and the criminals responsible for stealing Mildenhall's land would have succeeded under the present system for automated registration utilised in New Zealand.

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ID Code: 51014
Item Type: Conference Paper
Refereed: No
Keywords: Land fraud, Torrens system, Electronic conveyancing, Identity fraud, Identity verification
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
Past > Institutes > Information Security Institute
Current > Schools > School of Accountancy
Copyright Owner: Copyright 2011 The Authors
Deposited On: 08 Aug 2012 22:55
Last Modified: 25 Nov 2016 05:36

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