Australasian Torrens Automation, Its Integrity, and the Three Proof Requirements

New Zealand Law Review 715 [2013]

23 Pages Posted: 6 Feb 2019 Last revised: 8 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

Rouhshi Low

Queensland University of Technology

Lynden Griggs

University of Tasmania

Date Written: January 30, 2013

Abstract

New Zealand and Australia are leading the world in terms of automated land registry systems. Landonline was introduced some ten years ago for New Zealand, and the Electronic Conveyancing National Law (ECNL) is to be released over the next few years in support of a national electronic conveyancing system to be used throughout Australia. With the assistance of three proof requirements, developed for this purpose, this article measures the integrity of both systems as against the old, manual Torrens system. The authors take the position that any introduced system should at least have the same level of integrity and safety as the originally conceived manual system. The authors argue both Landonline and ECNL, as presently set up, have less credibility than the manual system as it was designed to operate, leading to the possibility of increased fraud or misuse.

Keywords: Automation of Registries, Proof Requirements of Automated System for Credibility, Australasian Automation of Registries Progress

Suggested Citation

Thomas, Rod and Low, Rouhshi and Griggs, Lynden, Australasian Torrens Automation, Its Integrity, and the Three Proof Requirements (January 30, 2013). New Zealand Law Review 715 [2013]. Available at SSRN: https://ssrn.com/abstract=3325585 or http://dx.doi.org/10.2139/ssrn.3325585

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 )

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European Law Institute ( email )

European Law Institute Secretariat Schottenring 1
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Austria

IPRA-CINDER ( email )

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Madrid, 28006
Spain
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Australian College of Strata Lawyers ( email )

PO Box 182
Moorooka
Moorooka, Qld
Australia

Rouhshi Low

Queensland University of Technology ( email )

2 George Street
Brisbane, Queensland 4000
Australia

Lynden Griggs

University of Tasmania ( email )

Private Bag 89
Hobart
Tasmania, 7001
Australia

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