Electronic conveyancing and incomplete gifts of Torrens land

Research output: Contribution to journalArticleResearchpeer-review

Abstract

With the imminent introduction of mandatory electronic conveyancing, it is important to consider how incomplete gifts of Torrens land will be treated under the electronic system. This article considers how standalone transfers (transfers without an underlying contract) are currently treated in PEXA, and how the process differs from paper-based transfers. The impact of the differences on whether a gift is complete in equity is then considered, both in relation to transfers where parties are separately represented, and transfers where the same solicitor or conveyancer acts for both parties. It is concluded that differences between a paper-based transaction and an electronic transaction will have a substantial impact upon the treatment of incomplete gifts.
Original languageEnglish
Pages (from-to)87-99
Number of pages13
JournalAustralian Property Law Journal
Volume27
Issue number1
Publication statusPublished - 2018

Cite this

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title = "Electronic conveyancing and incomplete gifts of Torrens land",
abstract = "With the imminent introduction of mandatory electronic conveyancing, it is important to consider how incomplete gifts of Torrens land will be treated under the electronic system. This article considers how standalone transfers (transfers without an underlying contract) are currently treated in PEXA, and how the process differs from paper-based transfers. The impact of the differences on whether a gift is complete in equity is then considered, both in relation to transfers where parties are separately represented, and transfers where the same solicitor or conveyancer acts for both parties. It is concluded that differences between a paper-based transaction and an electronic transaction will have a substantial impact upon the treatment of incomplete gifts.",
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Electronic conveyancing and incomplete gifts of Torrens land. / Barkehall Thomas, Susan.

In: Australian Property Law Journal, Vol. 27, No. 1, 2018, p. 87-99.

Research output: Contribution to journalArticleResearchpeer-review

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AB - With the imminent introduction of mandatory electronic conveyancing, it is important to consider how incomplete gifts of Torrens land will be treated under the electronic system. This article considers how standalone transfers (transfers without an underlying contract) are currently treated in PEXA, and how the process differs from paper-based transfers. The impact of the differences on whether a gift is complete in equity is then considered, both in relation to transfers where parties are separately represented, and transfers where the same solicitor or conveyancer acts for both parties. It is concluded that differences between a paper-based transaction and an electronic transaction will have a substantial impact upon the treatment of incomplete gifts.

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