Property Law
Added on 2022-12-21
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Running head: PROPERTY LAW
PROPERTY LAW
Name of Student
Name of University
Author Note
PROPERTY LAW
Name of Student
Name of University
Author Note
1PROPERTY LAW
Question 1
Past Acts
For claiming compensation for the effect of invalidity of the native title under the
provision of section 61 of the Native Title Act 19931, the range of acts that can be seen affecting
the native titles between the periods from 31st October 1975 to 31st December 1993 have been
defined as the ‘past acts’ under the provisions of section 228 Native Title Act2. By way of this
Act the invalidated acts are also seen as to be validated.
Intermediate Period Acts
The class of acts that were seen to be occurring between 1st January 1994 and 23rd
December 1996 has been termed as ‘intermediate period acts’ under section 232A of the Native
Title Act3. These acts can be described as the grants and public works affecting the native titles
during a time when it had been presumed by the Australian government that the pastoral leases
and all other leasehold grants were the reason for extinguishing native titles. This assumption of
the government in relation to the native titles was seen to be corrected by the judgment of High
Court in the case Wik Peoples v Queensland [1996]4.
Future Acts
Any act taking place after the 1st January 1994, of public work or lease grant or any other
title that could be seen as affecting the native title has generally been defined as ‘future acts’
1 Native Title Act 1993, s.61
2 Ibid, s.228
3 Ibid, s.232A
4 Wik Peoples v Queeensland [1996] HCA 40; (1996) 187 CLR 1
Question 1
Past Acts
For claiming compensation for the effect of invalidity of the native title under the
provision of section 61 of the Native Title Act 19931, the range of acts that can be seen affecting
the native titles between the periods from 31st October 1975 to 31st December 1993 have been
defined as the ‘past acts’ under the provisions of section 228 Native Title Act2. By way of this
Act the invalidated acts are also seen as to be validated.
Intermediate Period Acts
The class of acts that were seen to be occurring between 1st January 1994 and 23rd
December 1996 has been termed as ‘intermediate period acts’ under section 232A of the Native
Title Act3. These acts can be described as the grants and public works affecting the native titles
during a time when it had been presumed by the Australian government that the pastoral leases
and all other leasehold grants were the reason for extinguishing native titles. This assumption of
the government in relation to the native titles was seen to be corrected by the judgment of High
Court in the case Wik Peoples v Queensland [1996]4.
Future Acts
Any act taking place after the 1st January 1994, of public work or lease grant or any other
title that could be seen as affecting the native title has generally been defined as ‘future acts’
1 Native Title Act 1993, s.61
2 Ibid, s.228
3 Ibid, s.232A
4 Wik Peoples v Queeensland [1996] HCA 40; (1996) 187 CLR 1
2PROPERTY LAW
under section 233 of the Act5. Unless any future is in compliance with the provisions of the
Native Title Act they would be considered as invalid in extent of affecting the native title.
Question 2
Process of Registration of Indefeasibility Title
For the determination of the ownership or the priority interest on the title of any real
property that has been registered the term ‘indefeasibility of title’. In Australian colonies the
Torrens system had been introduced in which the states are seen as maintaining a register for the
titles of the land. The Torrens title under the Torrens system can be seen to act as the in
defeasibility of the title of land. The operations of the Torrens system in Australia can be seen as
requiring registration of lands. For transferring any property only the contract of sale would not
be sufficient. After the contract had been signed the dealings that happened between the parties
are required to be registered in the office of land title of the particular state in which the property
is present.’
Consequences of Registration of the Title
As the Torrens system relies upon the concept of indefeasibility of title, it can be seen as
simplifying the process of the land dealings. In this system the registered interest of a party is
prioritized over any other interest in the land, therefore, for the determination of interest or
ownership in the property the buyers of the property can be relying solely on the registration title
and do not require to be investigating if the transfer of the land prior to this was valid.
5 Native Title Act 1993, s.233
under section 233 of the Act5. Unless any future is in compliance with the provisions of the
Native Title Act they would be considered as invalid in extent of affecting the native title.
Question 2
Process of Registration of Indefeasibility Title
For the determination of the ownership or the priority interest on the title of any real
property that has been registered the term ‘indefeasibility of title’. In Australian colonies the
Torrens system had been introduced in which the states are seen as maintaining a register for the
titles of the land. The Torrens title under the Torrens system can be seen to act as the in
defeasibility of the title of land. The operations of the Torrens system in Australia can be seen as
requiring registration of lands. For transferring any property only the contract of sale would not
be sufficient. After the contract had been signed the dealings that happened between the parties
are required to be registered in the office of land title of the particular state in which the property
is present.’
Consequences of Registration of the Title
As the Torrens system relies upon the concept of indefeasibility of title, it can be seen as
simplifying the process of the land dealings. In this system the registered interest of a party is
prioritized over any other interest in the land, therefore, for the determination of interest or
ownership in the property the buyers of the property can be relying solely on the registration title
and do not require to be investigating if the transfer of the land prior to this was valid.
5 Native Title Act 1993, s.233
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