The King v Smail Golden Jubilee: The failure of the High Court 'to Develop and Clarify the Law' of the Torrens Volunteer Is No Cause for Jubilation
Australian Law Journal on 26 March, 2020
21 Pages Posted: 7 May 2021
Date Written: March 26, 2020
Abstract
The year 2008 marked the 150th and 50th anniversaries respectively of the original South Australian Torrens registered land title statute and the Victorian Supreme Court decision in King v Smail. The year before the High Court of Australia had rendered its unanimous decision in Farah Constructions. The King decision was bad law even though it was decided a decade before the Privy Council and the High Court pronounced upon the issue of immediate indefeasibility of registered title. It is now thirteen years since the High Court, in Farah, articulated upon the immediate indefeasibility of title of the registered volunteer. It is a cause for regret that the High Court in Farah and the later case of Cassegrain has not availed itself of the limited opportunity to expressly decide upon the indefeasibility (or otherwise) of the title of the registered volunteer throughout the Australian Torrens jurisdictions.
Keywords: Torrens – registered land title – registered volunteer’s title – fundamental principle – registration conferring title – title by registration – indefeasible title – immediate indefeasibility – deferred indefeasibility – High Court of Australia dictum
Suggested Citation: Suggested Citation