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Infrastructure Engineering - Research Publications
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ItemAdverse possession of Torrens land: Parliamentary inquiry strays out of boundsPARK, MALCOLM ; TING, LISA ; WILLIAMSON, IAN ( 1998-12)Current Australasian (including Victorian and NSW) schemes regarding adverse possession of land are reviewed in light of a Victorian Parliamentary committee Fences Act inquiry report, due shortly, which may recommend adoption of NSW practice with respect to adverse possession.
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ItemAn Englishman looks at the Torrens System - another look 50 years onPark, M. M ; Williamson, I. P. ( 2003)In the 50 years since this journal published Ruoff's widely cited four part article there has been much incremental change to the different Australian Torrens systems of registered land title in addition to some radical re-interpretation of title registration basics. Further, the basis for Ruoffs observations on the Australian systems has been wholly replaced by the Land Registration Act 2002 passed in early 2002. It is an opportune time to update "An Englishman..".
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ItemExposing the failings of our betters: bad laws don't improve with agePark, M. M. ( 2003)There exists a divergence in the Australian States registered land title("Torrens") systems and their approach to the indefeasibility of the titleof the registered proprietor who has gained registration other than as abona fide purchaser for value. The Victorian approach following a 1958Supreme Court (King v Smail) decision is that such a registered proprietoronly acquires "deferred" indefeasibility. This article seeks to explainthe error associated with this decision and argues that a registered titlesystem requires that upon registration the registered proprietor acquiresan absolute title whether or not the registered proprietor was a bona fidepurchaser for value without notice. Except in cases involving fraud, thereis no scope for degrees of title in a registered land title system.Consequently the Victorian system should be brought into line with themodern approach as exemplified by statute in Queensland and the NorthernTerritory and caselaw in New South Wales and Western Australia.
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ItemTechnical note: a review of the Victoria-New South Wales borderPark, M. M. ( 2005-12)A review of the NSW Solicitor-General's 1912 opinion on the validity of the claim by the State of Victoria that the territory lying between the Murrumbidgee and MurrayRivers (and known as the Riverina) rightfully lies within the jurisdiction of Victoria (and not within that of NSW).