Lawlink NSW: Discussion Paper 19 (1989) - Torrens Title: Compensation for Loss

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Discussion Paper 19 (1989) - Torrens Title: Compensation for Loss

How to obtain a copy of this Discussion Paper.

History of this Reference (Digest)

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Table of Contents

Participants

I. INTRODUCTION
The reference
The Torrens system and the compensation scheme

II. THE PRESENT SYSTEMS
Nature of fund
What claims are covered?

New South Wales

Victoria

Fraud
What exceptions are there?
Claims procedures
Time limit for making claims
Measure of damages

New South Wales

Victoria

Types and numbers of claims

New South Wales

Victoria

III. SHOULD THE COMPENSATION SCHEME BE RETAINED?
Arguments for abolition of Compensation Scheme
Arguments for retention of Compensation Scheme

IV. IF THE COMPENSATION SCHEME IS RETAINED, HOW SHOULD IT BE IMPROVED?
What are the principles of compensation?

Reliance on the Register

Deprivation of interests in land

Negligence of claimant’ solicitor or agent
Contributory negligence of claimant
Exhaustion of other remedies
Administrative procedures
Assessment of compensation
Time for making claims

V. RISK MANAGEMENT

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