Electronic conveyancing in Australia : is anyone concerned about security?

Thomas, Rod, Griggs, Lynden, & Low, Rouhshi (2014) Electronic conveyancing in Australia : is anyone concerned about security? Australian Property Law Journal, 23(1), pp. 1-16.

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Abstract

We have previously suggested that three proof requirements are essential for a sustainable land registration system. These were proof of identity, proof of ownership and authority to deal. Our attention in this article is drawn to the security framework that surrounds these requirements. We will ask whether the introduction of the Property Exchange of Australia (PEXA), and its underpinning regulatory regime will meet the concerns that we have in relation to them. In drawing out some problems with PEXA, we then offer an innovative idea, sourced from the transfer of equities that could serve to generate discussion on how we can ensure the Torrens system of land registration is sustainable for another 160 years. We also canvass some more incremental suggestions that evolve out of what we currently do, as well as outlining some comparative externally sourced ideas as to how the transfer and ownership of land can be made safer for all citizens. Such a goal is imperative when land transfer and secure property ownership is a critical component of the economic infrastructure of a modern society.

Impact and interest:

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ID Code: 76313
Item Type: Journal Article
Refereed: Yes
Keywords: Electronic conveyancing, Security of title, Fraud, Indefeasibility, National Electronic Conveyancing System, Torrens system
ISSN: 1038-5959
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Divisions: Current > QUT Faculties and Divisions > QUT Business School
Past > Institutes > Information Security Institute
Current > Schools > School of Accountancy
Copyright Owner: Copyright 2014 LexisNexis
Deposited On: 28 Oct 2014 23:22
Last Modified: 14 Nov 2016 19:44

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