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Unformatted text preview: onsider the two main
systems that apply throughout all of Australia in a fairly uniform manner:
1 The common law or general law system—as the name implies, this is derived from the common
2 Torrens system—the second system is usually referred to as ‘Torrens Title’, in honour of the person
who devised it in the mid-1800s. Officially, Torrens Title land is referred to by the name of the statute that created it (see Table 33.3 on p. 865).
Because the Torrens Title system is a relatively new development and was established to overcome deficiencies in the long-established common law or general law system, the common law system is referred
to in some states as the old system title or general title. Native title rights
In 1992 the High Court decision in Mabo v Queensland (No 2)(1992) 175 CLR 1 (‘Mabo’) (see Chapter 2,
pp. 23–4) pronouncing the existence of native title added a third system to the two existing systems
that the law had previously recognised: the general law system and the Torrens system. In response to the Mabo decision, the Commonwealth Government pas...
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This document was uploaded on 04/23/2012.
- Three '12