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Abstract

The purpose of this paper is to ascertain the present behavioural boundaries beyond which a purchaser of an interest in land with knowledge of an equitable interest must not step, if he is to be able to acquire an indefeasible title by registration under the Real Property Act (1861) (Qld), and then to determine whether or not section 115(3)(a) of the proposed draft Real Property Act (1991) (Qld) has the potential to, and if so is likely to, significantly alter those boundaries. This will be achieved by an examination of the present Australian interpretation of the general concept of fraud under the Torrens system as defined by Gibbs J, and McDermid J, and by an examination of the recent attitude of the High Court of Australia and the Supreme Court of Queensland to claims in personam, founded in equity, under the Torrens system. Both examinations will consider the possible effect that section 115(3)(a) of the proposed draft Real Property Act (1991) (Qld) will have on the attitude of the courts.

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