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Where am I now? Lawlink > Law Reform Commission > Publications > Report 76 (1996) - Torrens Title: Compensation for loss
Report 76 (1996) - Torrens Title: Compensation for loss Table of Contents
The reference Terms of reference Co-operation with Victoria Publications and consultations OUTLINE OF THE TORRENS TITLE SYSTEM The introduction of the Torrens system The purpose of the compensation provisions THE MAIN FEATURES OF THE CURRENT COMPENSATION SCHEME The problem of inaccessibility Grounds for recovery of damages and compensation OPTIONS FOR REFORM IN THE CONSULTATION PAPERS PRIMARY RECOMMENDATION OUTLINE OF REPORT
2. THE TORRENS SYSTEM COMPENSATION AND INSURANCE PRINCIPLES INTRODUCTION Title by registration Compensation principle Insurance principle THE LIMITED SCOPE OF THE COMPENSATION AND INSURANCE PRINCIPLES Compensation scheme: A fund of last resort Primary right to compensation: section 126
Loss through registration of any other person as proprietor In consequence of any error, omission or misdescription in the Register Termination of liability for some defendants Conclusions on defendant to be sued under section 126 Actions against the Registrar-General as nominal defendant: section 127 Claims against the Assurance Fund Barring of actions against the Registrar-General: section 130 Bona fide purchasers and mortgagees protected: section 135 APPROACH OF THE LAND TITLES OFFICE Compensation denied for a valid claim Delay in paying compensation claims Ex gratia compensation NARROW BASES FOR CLAIMING UNDER SECTIONS 126 AND 127 Limitations of recovery in section 127 Compensation said to be available only if deprivation of land occurs The distinction between "barred" and "inapplicable" in section 127 Section 127 reduced in scope by Court's interpretation of error Narrowness of "error" and the problem of overriding statutes Summary CONCLUSION
3. RECENT REFORMS AND SHORTCOMINGS OF THE CURRENT SYSTEM INTRODUCTION RECENT CHANGES TO THE LAW Recent case law on the Assurance Fund provisions
Statutory reform
Subrogation rights against the Registrar-General General impact of immediate indefeasibility on Assurance Fund The strengthened position of volunteers: Bogdanovic v Koteff RELEVANCE OF DEVELOPMENTS TO REFORM CONCLUSION
INTRODUCTION ABOLITION OF STATE GUARANTEE OF TITLE No longer any need for compensation
Technological and other changes Tort remedies are inadequate No compensation for unregistered titles Purchaser of Torrens title land more vulnerable than purchaser of Old System land Absence of guarantee in personal property registration systems STATE GUARANTEE PROVIDED BY PRIVATE INSURER TITLE INSURANCE ARRANGED BY REGISTERED PROPRIETOR ELIMINATION OF EXISTING LEGISLATIVE DEFICIENCIES Torrens system losses Reliance on the Register
The Central Register of Restrictions Resumptions Documents signed under the influence of fraud Negligence of a claimant's solicitor or agent Contributory negligence of a claimant Exhaustion of other remedies Exceptions from recovery
Unauthorised use of company seals Other exceptions to recovery Assessment of compensation Time for making claims
STATE GUARANTEE OF TITLE BASIS OF RECOVERY AGAINST REGISTRAR-GENERAL RESPONSIBILITY FOR LOSS Claimants' responsibility for losses attributable to themselves or their agents
Negligence RIGHTS OF ACTION Right of claimant to bring action against Registrar-General Right of plaintiff to bring action against third party
Where other issues need determination first Proceedings against company officers
RECOVERY Amount Apportionment LIMITATION PERIOD OTHER RECOMMENDATIONS
APPENDIX A: Submissions received APPENDIX B: Statistical information on nature of claims from Land Titles Office of New South Wales
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