Land fraud and inappropriate dealings in an electronic environment : An Australian and New Zealand perspective

The thesis presented in this paper is that the land fraud committed by Matthew Perrin in Queensland and inflicted upon Roger Mildenhall in Western Australia demonstrates the need for urgent procedural reform to the conveyancing process. Should this not occur, then calls to reform the substantive principles of the Torrens system will be heard throughout the jurisdictions that adopt title by registration, particularly in those places where immediate indefeasibility is still the norm. This paper closely examines the factual matrix behind both of these frauds, and asks what steps should have been taken to prevent them occurring. With 2012 bringing us Australian legislation embedding a national e-conveyancing system and a new Land Transfer Act for New Zealand we ask what legislative measures should be introduced to minimise the potential for such fraud. In undertaking this study, we reflect on whether the activities of Perrin and the criminals responsible for stealing Mildenhall's land would have succeeded under the present system for automated registration utilised in New Zealand

Hot property investments, as safe as houses - dirty dealings and grubby grifters

Report of a titling fraud case in New South Wales

The Precautionary Principle in Australia: Policy, Law & Potential Precautionary EIAs

Dr. Gullet argues that environmental impact assessments are a logical vehicle for factoring the precautionary principle into large-project-approval processes

Protecting Religious Freedom and Places of Worship - The example of the Eruv

Under Jewish religious law, on the sabbath one does no work. The prohibition on work extends to moving or carrying objects across a public space. To meet the needs of the observant, the rabbis developed the idea of the Eruv; a “fence” inside which Jews can carry on certain activities during Shabbat. That “fence” often can be a simple, continuous wire which marks out an area. But the wire often traverses (and is held up by) poles on public property, and consequently, the Eruv triggers important policy questions, such as (i) should public property be used to enable a minority faith community to observe their beliefs? and (ii) how are religious and secular citizens to live side-by-side in a way enabling each to pursue and enjoy their respective rights? This article reviews the way in which these issues are addressed for Eruvs in the common-law world, giving examples from England, the United States, Canada and Australia. Too often, regulatory barriers are imposed selectively to hinder Jewish religious practice, even when visual amenity arguments fail. In jurisdictions other than the NSW Land and Environment Court, Eruv proponents have succeeded. The recent long-running battle to establish an Eruv for the St Ives Jewish community exemplified how a local government can utilise legal mechanisms to prefer freedom from religion over freedom for religion. Eventually, Kuringai Council backed down, but only after state members of parliament and local Catholic and Anglican religious leaders spoke up for their Jewish brethren, and, regrettably, only after much public money had been spent to delay and hinder religious freedom for the small, local Jewish community

The Role of Local Government in Crime Prevention: An Overview

In Australia local government has played a key role in pro-active crime reduction, with it since 1980s partnering with different organisations at both state and local levels to address causes of offending. Crime prevention policies developed by state and federal governments have relied heavily on local government to resource and implement local partnerships and crime prevention plans. Policies implemented in Victoria, NSW and Queensland have relied upon some level of local government participatio

The application of visualisation techniques for stratum and strata boundaries within the New South Wales digital cadastre

Population growth and trends towards urban consolidation have lead to a change in cadastral definition within the Greater Sydney area as high-density mixed-use buildings becoming more prominent. This has lead to increased potential of conflicts between end-users regarding boundary locations and the associated rights, restrictions and responsibilities and the vertical subdivisions are used to alleviate potential sources of conflict within developments in the form of stratum subdivisions, Torrens title lots with vertical restrictions, and strata subdivisions, strata lots existing within a scheme. However due to the complexity of these plans, specifically stratum subdivisions, the usability for the end-user is limited without access to surveying knowledge and practices. This dissertation sought to investigate the use of 3D visualisation within digital cadastral mapping to improve the end-users experience with understanding height limited boundaries and the relationship between lots within stratum subdivisions. Through the investigation of three case studies, each representing a different density of development with stratum subdivisions, and the modelling of the lots in Google Earth the research demonstrated how the use of 3D models improves the comprehension and ability to access spatial data through digital cadastral maps. The outcomes of this research suggest that the use of 3D models for height limited parcels can improve digital mapping and not to replace traditional surveying plans but provide a parallel format that is more user-friendly than the survey plan on its own

Governing the compact city: The role and effectiveness of strata management

This research charts the key issues facing the governance and management of strata buildings and is the first major study of the strata sector undertaken in Australia.• An estimated three million people live in strata titled homes in Australia. The state of New South Wales (NSW) has the largest number of strata titled properties of all states and territories in the country and approximately 1.2 million people live in strata titled homes in the state. In the Sydney metropolitan area, almost a quarter of the population live in strata titled homes. This means that for the first time in Australia’s history large numbers of property owners find themselves in a legally binding relationship with their neighbours for the communal upkeep and maintenance of their property. The governance structures that mediate this community-based property ownership represent a new form of civic relationship. With the development of increasing numbers of strata schemes, owners corporations, through their executive committees and the managing agents and other property professionals who support the sector, have become increasingly important in ensuring the maintenance and upkeep of significant parts of our cities. In effect, owners corporations act as a fourth tier of government that is democratically elected, with lawmaking, taxation and enforcement powers. But despite the growing prevalence of strata title in our lives, relatively little is known about how well the strata system works in practice to meet the needs of those people who own and live in strata properties. The Governing the Compact City project1 provides the first comprehensive assessment of how the strata title system is operating in regard to governance and management from the point of view of those who own, live in, and manage strata homes. While it is focused on NSW, the report’s findings have implications for the entire Australian strata market which is based on essentially the same governance and management arrangements. The research project The project had three major aims: 1.    To explore the role, capacity and effectiveness of owners corporations as agencies of property governance and management in contemporary urban Australia. 2.    To explore the capacity and effectiveness of strata managing agents as mediators of outcomes for residents and owners in the sector, and their role and function within the overall structure of management and governance. 3.    To assess how well residential strata works from strata owners’ points of view. The research project focused on residential strata properties with three or more lots in NSW. The research was undertaken between 2009 and 2012 and included surveys and interviews with strata owners, executive committee members and strata managing agents in NSW, as well as analysis of the NSW strata database and NSW strata schemes management legislation and interviews with peak body representatives around Australia. In total, the research consulted 1,550 individuals including 1,020 strata owners, 413 executive committee members, 106 strata managing agents and 11 peak body representatives. Downloads: FINAL REPORT EXECUTIVE SUMMAR

Precaution: principles and practice in Australian environmental and natural resource management

Precaution: principles and practice in Australian environmental and natural resource management by Deborah Peterson, was presented as the Presidential Address to the 50th Annual Australian Agricultural and Resource Economics Society Conference, Manly, New South Wales, 8 - 10 February 2006. Since the late 1980s, the concept of precaution has been incorporated into numerous international agreements and laws, as well as in domestic statutes and policies in many countries. This paper examines the international emergence of the concept and its application in Australia. Despite rapid growth in adoption of the so-called "precautionary principle," the concept remains highly controversial, and its success in terms of improving environmental and natural resource management has been questioned. This paper argues that implementation guidelines are essential to ensure that precautionary decision making is consistent with good decision making principles, and to avoid unnecessary costs and the potential for perverse outcomes. Economists have an important role in contributing to these guidelines and in developing techniques for incorporating uncertainty into decision making. The views expressed in this paper do not necessarily reflect those of the Australian Government or the Productivity Commission.Resource /Energy Economics and Policy,