Electronic Conveyancing in Australia – Is Anyone Concerned About Security?

Rod Thomas, Rouhshi Low and Lynden Griggs “Electronic Conveyancing in Australia – is anyone concerned about security?” [2014] Australian Property Law Journal 1

20 Pages Posted: 13 Feb 2019

See all articles by Rod Thomas

Rod Thomas

Auckland University of Technology - Faculty of Business & Law; University of Cambridge - Cambridge Centre for Property Law; European Law Institute; IPRA-CINDER; Australian College of Strata Lawyers

Lynden Griggs

University of Tasmania

Rouhshi Low

Queensland University of Technology

Date Written: January 30, 2014

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.

Keywords: Risks on Automation of Land Registries, PEXA Principles for Land Registration Security, Need to Comprehend Risks with Automation

Suggested Citation

Thomas, Rod and Griggs, Lynden and Low, Rouhshi, Electronic Conveyancing in Australia – Is Anyone Concerned About Security? (January 30, 2014). Rod Thomas, Rouhshi Low and Lynden Griggs “Electronic Conveyancing in Australia – is anyone concerned about security?” [2014] Australian Property Law Journal 1. Available at SSRN: https://ssrn.com/abstract=3325570 or http://dx.doi.org/10.2139/ssrn.3325570

Rod Thomas (Contact Author)

Auckland University of Technology - Faculty of Business & Law ( email )

3 Wakefield Street
Private Bag 92006
Auckland Central 1020
New Zealand

University of Cambridge - Cambridge Centre for Property Law ( email )

Trinity Ln
Cambridge, CB2 1TN
United Kingdom

European Law Institute ( email )

European Law Institute Secretariat Schottenring 1
Vienna, 1010 Vienn
Austria

IPRA-CINDER ( email )

Diego de León
21, 5ª planta
Madrid, 28006
Spain
+34 91 270 17 90 (Phone)

Australian College of Strata Lawyers ( email )

PO Box 182
Moorooka
Moorooka, Qld
Australia

Lynden Griggs

University of Tasmania ( email )

Private Bag 89
Hobart
Tasmania, 7001
Australia

Rouhshi Low

Queensland University of Technology ( email )

2 George Street
Brisbane, Queensland 4000
Australia

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