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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Real Property Amendment
(Compensation) Bill 2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Real Property Act 1900 No 25 2
4 Amendment of Professional Standards Act 1994 No 81 2
Schedule 1 Amendment of Real Property Act 1900 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2000
New South Wales
Real Property Amendment
(Compensation) Bill 2000
Act No , 2000
An Act to amend the Real Property Act 1900 in relation to civil rights and
remedies under that Act and in relation to the payment of compensation out of the
Torrens Assurance Fund; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Real Property Amendment (Compensation) Bill 2000
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Real Property Amendment (Compensation) Act 2000.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Real Property Act 1900 No 25
The Real Property Act 1900 is amended as set out in Schedule 1.
4 Amendment of Professional Standards Act 1994 No 81
The Professional Standards Act 1994 is amended by inserting the
words "13 or" after the word "Part" in section 5 (2).
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Real Property Amendment (Compensation) Bill 2000
Amendment of Real Property Act 1900 Schedule 1
Schedule 1 Amendment of Real Property Act 1900
(Section 3)
[1] Section 3 Definitions
Omit "1992" from the definition of Licensed conveyancer in section 3 (1).
Insert instead "1995".
[2] Section 3 (1)
Insert after the definition of Easement in gross:
Fraud--Fraud includes fraud involving a fictitious person.
[3] Section 3 (1), definition of "Torrens Assurance Fund"
Omit "section 133A". Insert instead "section 134".
[4] Section 28O Certain proceedings against Registrar-General barred
Omit "Part 14". Insert instead "Parts 13 and 14".
[5] Section 28ZC Certain proceedings against Registrar-General barred
Omit "Part 14". Insert instead "Parts 13 and 14".
[6] Section 45
Insert after section 44:
45 Bona fide purchasers and mortgagees protected in relation to
fraudulent and other transactions
(1) Except to the extent to which this Act otherwise expressly
provides, nothing in this Act is to be construed so as to deprive
any purchaser or mortgagee bona fide for valuable
consideration of any estate or interest in land under the
provisions of this Act in respect of which the person is the
registered proprietor.
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Real Property Amendment (Compensation) Bill 2000
Schedule 1 Amendment of Real Property Act 1900
(2) Despite any other provision of this Act, proceedings for the
recovery of damages, or for the possession or recovery of land,
do not lie against a purchaser or mortgagee bona fide for
valuable consideration of land under the provisions of this Act
merely because the vendor or mortgagor of the land:
(a) may have been registered as proprietor through fraud or
error, or by means of a void or voidable instrument, or
(b) may have procured the registration of the relevant
transfer or mortgage to the purchaser or mortgagee
through fraud or error, or by means of a void or
voidable instrument, or
(c) may have derived his or her right to registration as
proprietor from or through a person who has been
registered as proprietor through fraud or error, or by
means of a void or voidable instrument.
(3) Subsection (2) applies whether the fraud or error consists of a
misdescription of the land or its boundaries or otherwise.
[7] Section 93 Transmission on death of proprietor
Omit "section 133" from section 93 (4).
Insert instead "section 129 (2) (f)".
[8] Section 96I Matters arising from official searches
Omit section 96I (1).
[9] Section 96I (2)
Omit "a person referred to in subsection (1)".
Insert instead "a person in connection with the purchase, disposal or other
dealing with land".
[10] Section 105A Effect of recording writ
Omit "section 121 (7), 123" from section 105A (1) (p).
Insert instead "section 122 (4), 124".
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Real Property Amendment (Compensation) Bill 2000
Amendment of Real Property Act 1900 Schedule 1
[11] Section 117 Certificate of correctness
Omit section 117 (1). Insert instead:
(1) The Registrar-General may reject, or may refuse to accept or to
take any action in relation to, any primary application, dealing
or caveat unless it bears the following certificates:
(a) a certificate (signed by or on behalf of each person by
whom the dealing or caveat has been executed) to the
effect that the application, dealing or caveat is correct
for the purposes of this Act, and
(b) a certificate (signed by each witness to the execution of
the application, dealing or caveat) to the effect that:
(i) the witness is personally acquainted with, or is
otherwise satisfied as to the identity of, the
person to whose execution of the application,
dealing or caveat the witness is attesting, and
(ii) the execution by that person of the application,
dealing or caveat took place in the presence of
the witness.
[12] Parts 13 and 14
Omit Part 14. Insert instead:
Part 13 Civil rights and remedies
Division 1 Proceedings for the possession or recovery
of land
118 Registered proprietor protected except in certain cases
(1) Proceedings for the possession or recovery of land do not lie
against the registered proprietor of the land, except as follows:
(a) proceedings brought by a mortgagee against a
mortgagor in default,
(b) proceedings brought by a chargee or covenant chargee
against a charger or covenant charger in default,
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Real Property Amendment (Compensation) Bill 2000
Schedule 1 Amendment of Real Property Act 1900
(c) proceedings brought by a lessor against a lessee in
default,
(d) proceedings brought by a person deprived of land by
fraud against:
(i) a person who has been registered as proprietor
of the land through fraud, or
(ii) a person deriving (otherwise than as a transferee
bona fide for valuable consideration) from or
through a person registered as proprietor of the
land through fraud,
(e) proceedings brought by a person deprived of, or
claiming, land that (by reason of the misdescription of
other land or its boundaries) has been included in a
folio of the Register for the other land against a person
who has been registered as proprietor of the other land
(otherwise than as a transferee bona fide for valuable
consideration),
(f) proceedings brought by a registered proprietor under an
earlier folio of the Register against a registered
proprietor under a later folio of the Register where the
two folios have been created for the same land.
(2) Despite any rule of law or equity to the contrary:
(a) the production of a manual folio is an absolute bar and
estoppel to any such proceedings commenced before the
production of the folio against the person named in the
folio as a registered proprietor or lessee of the land, and
(b) the production of a computer folio certificate for a
computer folio is an absolute bar and estoppel to any
such proceedings commenced before the time specified
in the certificate against the person named in the
certificate as a registered proprietor or lessee of the land.
(3) Subsection (2) does not apply to proceedings of the kind
referred to in subsection (1) (a)-(f).
(4) This section does not affect:
(a) any proceedings in relation to land for which a qualified
folio of the Register has been created, being
proceedings based on a subsisting interest within the
meaning of Part 4A, or
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Real Property Amendment (Compensation) Bill 2000
Amendment of Real Property Act 1900 Schedule 1
(b) any proceedings brought by a person deprived of, or
claiming, land that (by reason of the misdescription of
other land or its boundaries) has been included in a
limited folio of the Register for the other land, whether
or not the registered proprietor of the other land is a
transferee of the land bona fide for valuable
consideration.
119 Defendant's entitlements where improvements have been made
(1) This section applies to proceedings for the possession or
recovery of land in the circumstances referred to in section 118
(1) (e) or (f).
(2) If the defendant or any person through whom the defendant
claims has made improvements to the land before the
proceedings are commenced:
(a) the fact that the improvements have been made may be
pleaded by the defendant, and
(b) if the plaintiff's title to the land is established:
(i) the value of the improvements, and
(ii) the value of the land without the improvements,
are to be separately assessed.
(3) An order for the possession or recovery of the land is not to be
made until an amount equivalent to the value of the
improvements, less the plaintiff's costs in the proceedings, is
paid into court for payment to the defendant.
(4) If that amount is not paid within 3 months after the assessment
is made:
(a) the plaintiff ceases to be entitled to possession of the
land and becomes entitled only to an amount equivalent
to the sum of:
(i) the value of the land without the improvements,
and
(ii) the plaintiff's costs in the proceedings, and
(b) on paying that amount to the plaintiff, the defendant
becomes entitled to retain possession of the land.
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Real Property Amendment (Compensation) Bill 2000
Schedule 1 Amendment of Real Property Act 1900
Division 2 Proceedings for compensation
120 Proceedings for compensation
(1) Any person who suffers loss or damage as a result of the
operation of this Act in respect of any land, where the loss or
damage arises from:
(a) fraud, or
(b) any error, misdescription or omission in the Register, or
(c) the land being brought under the provisions of this Act,
or
(d) the registration (otherwise than under section 45E) of
some other person as proprietor of the land, estate or
interest,
may take proceedings in any court of competent jurisdiction for
the recovery of damages.
(2) Such proceedings may be taken:
(a) against the person whose acts or omissions have given
rise to the loss or damage referred to in subsection (1),
or
(b) against the Registrar-General.
(3) Proceedings against the Registrar-General are to be taken in
accordance with Part 14.
Division 3 Review of Registrar-General's actions
121 Registrar-General to supply reasons for certain decisions
(1) A person who is dissatisfied with the Registrar-General's
decision:
(a) to have land brought under the provisions of this Act, or
to have any dealing registered or recorded, or
(b) to have any certificate of title, order for foreclosure or
other instrument issued in relation to land, or
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Real Property Amendment (Compensation) Bill 2000
Amendment of Real Property Act 1900 Schedule 1
(c) to have exercised or performed in relation to land any
function or duty which, by this Act, is required to be
exercised or performed by the Registrar-General,
may apply to the Registrar-General for a copy of the Registrar-
General's reasons for the decision.
(2) It is the Registrar-General's duty to provide the person with
those reasons.
122 Review of decisions by Supreme Court
(1) A person who is dissatisfied with a decision referred to in
section 121 (1) may apply to the Supreme Court for a review
of the decision.
(2) For the purpose of conducting such a review, the Supreme
Court may reconsider and determine any question of fact
involved in the decision.
(3) If the Registrar-General has provided reasons for the decision,
the Registrar-General may not rely on any grounds that are not
set out in those reasons except by leave of the Supreme Court.
(4) After reviewing the Registrar-General's decision on an
application under this section, the Supreme Court:
(a) may uphold the decision, or
(b) may order that the Registrar-General take such action in
relation to the matters raised by the application as the
Supreme Court considers appropriate, being action that
the Registrar-General could, but for the order, have
taken,
and may make such further or other orders as the Supreme
Court considers appropriate.
(5) This section does not apply to the determination of the position
of a boundary under Part 14A.
123 Applicant may state case for Supreme Court
(1) If the Registrar-General makes any objection to the title of land
the subject of:
(a) an application to bring the land under the provisions of
this Act, or
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Real Property Amendment (Compensation) Bill 2000
Schedule 1 Amendment of Real Property Act 1900
(b) a possessory application,
being an objection that the applicant considers not well
founded, the applicant may state a case for the opinion of the
Supreme Court.
(2) The Registrar-General is entitled to appear and be heard, either
personally or by a legal practitioner or agent, at the hearing of
the matter.
(3) The Supreme Court's opinion on the stated case binds the
Registrar-General in relation to the application, but does not
affect:
(a) the right conferred on any person by Part 14 to make a
claim against the Torrens Assurance Fund, or
(b) the right conferred on the applicant by section 122 to
apply for a review of the Registrar-General's decision
on the application.
124 Registrar-General may state case for Supreme Court
(1) If any question arises in respect of:
(a) land under the provisions of this Act, or
(b) land the subject of action under Part 4, 4A, 4B or 6A
with regard to the performance or exercise of any duties
or functions conferred or imposed on the
Registrar-General by or under this or any other Act,
the Registrar-General may state a case for the opinion of the
Supreme Court.
(2) If the question arises in connection with:
(a) an application to bring the land under the provisions of
this Act, or
(b) a possessory application,
the applicant is entitled to appear and be heard, either
personally or by a legal practitioner or agent, at the hearing of
the matter.
(3) The Supreme Court's opinion on the stated case binds the
Registrar-General in relation to the question.
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Amendment of Real Property Act 1900 Schedule 1
125 Orders as to costs
(1) In any proceedings under this Division, the Supreme Court may
make such orders as to costs as it considers just.
(2) An order requiring the Registrar-General to pay costs in any
proceedings relating to an application to bring land under the
provisions of this Act is not to be made unless the Supreme
Court is of the opinion that the Registrar-General has acted
unreasonably.
(3) All costs to be paid by the Registrar-General under such an
order are to be paid out of the Torrens Assurance Fund.
Division 4 General
126 Registrar-General may intervene in certain proceedings
(1) The Registrar-General may intervene in any proceedings before
any court (other than criminal proceedings) if of the opinion
that the court's decision in the proceedings could result in
compensation becoming payable from the Torrens Assurance
Fund.
(2) The Registrar-General has a right to appear and be heard, either
personally or by a legal practitioner or agent, when intervening
in any such proceedings.
(3) On intervening in any such proceedings, the Registrar-General
becomes a party to the proceedings and has all the rights of
such a party.
127 Barring of actions where claimant on notice
(1) Proceedings based on a claim of deprivation of land through
the bringing of that land under the provisions of this Act do not
lie against the Registrar-General where the person alleging the
deprivation, or the person through whom he or she claims title:
(a) had notice (by personal service or otherwise) or was
otherwise aware that application had been made to
bring the land under the provisions of this Act, and
(b) had omitted to lodge a caveat forbidding the bringing of
the land under the provisions of this Act or had allowed
such a caveat to lapse.
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Schedule 1 Amendment of Real Property Act 1900
(2) Proceedings based on a claim of deprivation of land through
the grant of a possessory application do not lie against the
Registrar-General where the person alleging the deprivation, or
the person through whom he or she claims title:
(a) had notice (by personal service or otherwise) or was
otherwise aware that the application had been made, and
(b) had omitted to lodge a caveat forbidding the grant of the
application or had allowed such a caveat to lapse.
(3) Proceedings based on the extinguishment of a restrictive
covenant do not lie against the Registrar-General where the
person alleging loss from that extinguishment:
(a) had notice (by personal service or otherwise) or was
otherwise aware that an application for extinguishment
of the restrictive covenant had been made, and
(b) had omitted to lodge a caveat forbidding the grant of the
application or had allowed such a caveat to lapse.
Part 14 The Torrens Assurance Fund
Division 1 Preliminary
128 Definitions
(1) In this Part:
administrative proceedings means proceedings on a claim
referred to in section 131.
compensable loss means loss or damage of the kind referred to
in section 129 (1), other than loss or damage of the kind
referred to in section 129 (2).
compensation means compensation from the Torrens
Assurance Fund to which a person is entitled under section
129.
court proceedings means proceedings referred to in section
132.
official search has the same meaning as it has in Part 11A.
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Real Property Amendment (Compensation) Bill 2000
Amendment of Real Property Act 1900 Schedule 1
professional indemnity insurer means an insurer, scheme or
fund (whether or not established by or under any Act or law) by
or from which claims are payable, being claims made by
persons sustaining loss or damage owing to any fraudulent,
wilful or negligent act or omission by a person carrying on
business in a particular profession, trade or calling.
(2) In this Part, approved determination of native title, native title
and native title rights and interests have the same meanings as
they have in the Native Title Act 1993 of the Commonwealth.
Division 2 Compensation generally
129 Circumstances in which compensation payable
(1) Any person who suffers loss or damage as a result of the
operation of this Act in respect of any land, where the loss or
damage arises from:
(a) any act or omission of the Registrar-General in the
execution or performance of his or her functions or
duties under this Act in relation to the land, or
(b) the registration (otherwise than under section 45E) of
some other person as proprietor of the land, or of any
estate or interest in the land, or
(c) any error, misdescription or omission in the Register in
relation to the land, or
(d) the land having been brought under the provisions of
this Act, or
(e) the person having been deprived of the land, or of any
estate or interest in the land, as a consequence of fraud,
or
(f) an error or omission in an official search in relation to
the land,
is entitled to payment of compensation from the Torrens
Assurance Fund.
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Schedule 1 Amendment of Real Property Act 1900
(2) Compensation is not payable in relation to any loss or damage
suffered by any person:
(a) to the extent to which the loss or damage is a
consequence of any act or omission by that person, or
(b) to the extent to which the loss or damage:
(i) is a consequence of any fraudulent, wilful or
negligent act or omission by any solicitor,
licensed conveyancer or real estate agent, and
(ii) is compensable under an indemnity given by a
professional indemnity insurer, or
(c) to the extent to which that person has failed to mitigate
the loss or damage, or
(d) to the extent to which the loss or damage has been
offset by some other benefit to that person that has
arisen from substantially the same circumstances as
those from which the loss or damage has arisen, or
(e) to the extent to which the loss or damage arises because
of an error or miscalculation in the measurement of
land, or
(f) to the extent to which the loss or damage arises from:
(i) the breach by a registered proprietor of any trust
(whether express, implied or constructive), or
(ii) the inclusion of the same land in two or more
grants, or
(g) to the extent to which the loss or damage arises from the
recording, or the omitting to record, in the Register of an
approved determination of native title or other matter
relating to native title rights and interests, or
(h) to the extent to which the loss or damage arises from
circumstances in respect of which this Act provides that
proceedings against the Registrar-General do not lie.
(3) Subsection (2) (g) applies whether the loss or damage is alleged
to have been suffered:
(a) by a holder of native title or a claimant for native title,
or
(b) by a person deprived of land or an estate or interest in
land as a result of the making of an approved
determination of native title, or
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Real Property Amendment (Compensation) Bill 2000
Amendment of Real Property Act 1900 Schedule 1
(c) by any other person,
but does not apply to an error made by the Registrar-General in
the recording of matter in the Register.
130 Minister may direct ex gratia payments from Torrens Assurance
Fund
(1) Despite section 129 (2), the Minister may, on the
recommendation of the Registrar-General, direct that
compensation is payable in any of the circumstances referred
to in that subsection if, in all of the circumstances of the case,
the Minister is satisfied that it would be just to do so.
(2) A decision as to whether or not to give a direction under this
section is in the absolute discretion of the Minister.
(3) Without limiting subsection (2), nothing in any
recommendation of the Registrar-General requires the Minister
to give a direction under this section.
(4) A decision by the Minister under this section may not be called
into question in any legal proceedings.
Division 3 Administrative proceedings
131 Administrative proceedings for the recovery of compensation
(1) A person who has suffered compensable loss may lodge a
claim for compensation, in the approved form, with the
Registrar-General.
(2) Such a claim may not be made more than 6 years after:
(a) the date on which the act or omission giving rise to the
compensable loss occurred, or
(b) if the compensable loss arose after the date on which
that act or omission occurred, the date on which the
compensable loss arose.
(3) The regulations may make provision for or with respect to the
manner in which a claim is to be made and dealt with.
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Schedule 1 Amendment of Real Property Act 1900
(4) The Registrar-General may determine a claim by making an
offer to settle (which may include an offer to pay
compensation or an offer to take other specified action, or both)
or by refusing the claim.
(5) The maximum compensation that may be offered is $100,000
(or such other amount as may be prescribed by the regulations)
unless the Minister determines a greater amount in respect of
a particular claim.
(6) A claimant must co-operate fully with the Registrar-General for
the purpose of ensuring that the Registrar-General has sufficient
information to be able:
(a) to assess the validity of the claim, and
(b) to assess the claimant's compensable loss, and
(c) to make an informed offer of compensation.
(7) In particular, a claimant must comply with any reasonable
request by the Registrar-General:
(a) to furnish specified information or to produce specified
documents, or
(b) to take specified action to further the claim.
(8) In assessing the reasonableness of a request by the Registrar-
General, regard is to be had to the following criteria:
(a) the amount of time the claimant needs to comply with
the request,
(b) the degree to which the information, document or action
requested is relevant to the determination of the claim,
(c) the degree to which the information already available to
the Registrar-General should suffice to enable the claim
to be properly determined,
(d) the degree to which compliance with the request would
impose undue hardship on the claimant,
(e) the degree to which any information sought by the
request is the subject of legal professional privilege,
(f) whether any information, document or action the
subject of the request is sufficiently specified,
(g) the timing of the request, having regard to its effect on
the claimant's ability to commence court proceedings,
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Amendment of Real Property Act 1900 Schedule 1
(h) such other criteria as are relevant to the question of
whether the request is reasonable.
(9) For the purposes of section 132, a claim is taken to have been
refused if it is not determined:
(a) within 12 months after the claim was made, or
(b) if at the end of that period the claimant has failed to
provide information in fulfilment of the duty imposed
by subsection (6), within 2 months after that information
is provided.
(10) Subsection (9) does not prevent a claim from being determined
after the expiry of the relevant period referred to in that
subsection.
(11) Interest at the rate payable on an unpaid judgment of the
Supreme Court under the Supreme Court Act 1970 is payable
on an offer of compensation that has been accepted by the
claimant in administrative proceedings to the extent to which
the amount accepted remains unpaid at the end of 28 days after
the date on which it was accepted.
Division 4 Court proceedings
132 Court proceedings for the recovery of compensation
(1) Proceedings before a court for the payment of compensation
are to be taken against the Registrar-General as nominal
defendant.
(2) Court proceedings may not be commenced:
(a) unless administrative proceedings have been
commenced and determined in relation to the
compensable loss, or
(b) more than 12 months after the date on which
administrative proceedings have been determined in
relation to the compensable loss,
except by leave of the court or with the consent of the
Registrar-General.
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Schedule 1 Amendment of Real Property Act 1900
(3) Court proceedings may be commenced at any time during the
period of 12 months referred to in subsection (2) (b) despite
any provision of the Limitation Act 1969 to the contrary.
(4) In any court proceedings, the Registrar-General is not bound by
any prejudicial act or omission by any party to the proceedings,
such as:
(a) entering into, or offering to enter into, a compromise, or
(b) granting, or offering to grant, a release or waiver.
(5) If court proceedings are commenced following administrative
proceedings that have been determined by the offer of
compensation and the compensation awarded by the court is
less than the compensation offered by the determination:
(a) the claimant's costs in the court proceedings are not
payable by the Registrar-General, and
(b) the Registrar-General's costs are payable by the
claimant,
unless the court orders otherwise.
Division 5 Miscellaneous
133 Subrogation of rights to claim compensation
(1) A professional indemnity insurer cannot be subrogated to any
other person in respect of that other person's right to claim
compensation from the Torrens Assurance Fund in relation to
compensable loss.
(2) If administrative proceedings or court proceedings are
commenced in relation to a claimant's compensable loss, the
Registrar-General is subrogated to the claimant in respect of the
claimant's rights and remedies in relation to that loss:
(a) against any person against whom the claimant has a
cause of action in respect of that loss, and
(b) against any relevant professional indemnity insurer.
(3) In the case of a deceased person, the compensation may be
recovered from the deceased person's estate by proceedings
taken against the deceased person's personal representative.
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Amendment of Real Property Act 1900 Schedule 1
(4) The Registrar-General may join any person as co-defendant in
any court proceedings if of the opinion that the claimant has a
cause of action against that person in respect of the
compensable loss to which the proceedings relate.
(5) This section has effect despite any provision of the Legal
Profession Act 1987 or any other Act, law or agreement.
134 Torrens Assurance Fund
(1) There is established in the Special Deposits Account an
account called the Torrens Assurance Fund.
(2) The following amounts are to be paid into the Torrens
Assurance Fund:
(a) any amounts that the Minister directs to be paid from
fees paid to the Registrar-General for lodgment of any
dealing, caveat or withdrawal of caveat,
(b) any amounts recovered by the Registrar-General under
or in connection with this Part,
(c) any amounts advanced by the Treasurer for payment
into the Fund,
(d) any amounts appropriated by Parliament for payment
into the Fund,
(e) any amounts required by or under this or any other Act
or law to be paid into the Fund.
(3) The following amounts are payable out of the Torrens
Assurance Fund:
(a) any compensation payable under or in connection with
this Part,
(b) any amounts required to repay any advance made by the
Treasurer for payment into the Fund,
(c) any costs and expenses incurred by the Registrar-
General in connection with any claim for compensation
from the Fund, including the payment of compensation
in settlement of any such claim,
(d) any costs and expenses incurred by the Registrar-
General in, or as incidental to, the administration of the
Fund,
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Schedule 1 Amendment of Real Property Act 1900
(e) any other amounts required by or under this or any other
Act or law to be paid out of the Fund.
(4) The fee payable to the Registrar-General for lodgment of any
dealing, caveat or withdrawal of caveat may be prescribed so
as to include the amount to be paid into the Torrens Assurance
Fund.
(5) Any shortfall in the Torrens Assurance Fund is to be met from
the Consolidated Fund, which is appropriated accordingly.
(6) The Torrens Assurance Fund is to repay the Consolidated
Fund.
135 Registrar-General may settle claims
(1) The Registrar-General may settle any claim for payment of
compensation from the Torrens Assurance Fund.
(2) For the purpose of settling such a claim, the Registrar-General
may participate in proceedings in the nature of mediation or
neutral evaluation.
(3) The power of the Registrar-General to settle such a claim is
subject to the following restrictions:
(a) the claim must not be settled unless the
Registrar-General is satisfied:
(i) that the claimant would be successful in
proceedings to enforce the claim, or
(ii) that it is otherwise reasonable in all the
circumstances of the case to settle the claim,
(b) the amount to be paid in settlement of the claim must
not exceed $100,000 (or such other amount as may be
prescribed by the regulations) unless the Minister has
approved of the settlement.
(4) In settling such a claim, the Registrar-General may pay such
amount (which may include amounts by way of costs and
interest) as the Registrar-General thinks reasonable.
(5) The amount may include any costs incurred by the claimant
before the settlement.
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Real Property Amendment (Compensation) Bill 2000
Amendment of Real Property Act 1900 Schedule 1
(6) An officer or other person employed in the Land Titles Office
does not have the power to settle claims on behalf of the
Registrar-General, but the Registrar-General may delegate to
such a person the power to settle such claims.
[13] Section 146
Insert after section 145:
146 Exclusion of personal liability
An act or omission by the Registrar-General, or by any person
acting under the direction, or with the authority, of the
Registrar-General, does not subject the Registrar-General or
any person so acting personally to any action, liability, claim or
demand if the act or omission was done or omitted to be done
in good faith in the administration or execution of this Act.
[14] Schedule 3 Savings and transitional provisions
Insert at the end of clause 1 (1):
Real Property Amendment (Compensation) Act 2000
[15] Schedule 3, Part 5
Insert after Part 4 of Schedule 3:
Part 5 Real Property Amendment (Compensation) Act 2000
10 Definitions
In this Part, amending Act means the Real Property
Amendment (Compensation) Act 2000.
11 Current proceedings
Part 14 of this Act, as in force immediately before the
commencement of Schedule 1 [12] to the amending Act,
continues to apply to and in respect of proceedings commenced
before that commencement as if the amending Act had not
been enacted.
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Real Property Amendment (Compensation) Bill 2000
Schedule 1 Amendment of Real Property Act 1900
12 Current administrative claims
Section 129 of this Act, as in force immediately before the
commencement of Schedule 1 [12] to the amending Act,
continues to apply to and in respect of a claim referred to in
subsection (1) of that section, being a claim made before that
commencement, as if the amending Act had not been enacted.
13 Future proceedings commenced in relation to existing matters
Parts 13 and 14 of this Act, as substituted by Schedule 1 [12]
to the amending Act, apply to and in respect of any matter in
respect of which proceedings are commenced on or after the
commencement of those Parts, including any matter that
occurred before that commencement.
14 Torrens Assurance Fund
The Torrens Assurance Fund referred to in section 134 of this
Act (as inserted by Schedule 1 [12] to the amending Act) is a
continuation of the Torrens Assurance Fund referred to in
section 133A of this Act (as in force immediately before the
repeal of that section by Schedule 1 [12] to the amending Act).
15 Exclusion of personal liability
Section 146 (as inserted by Schedule 1 [13] to the amending
Act) extends to acts and omissions that occurred before the
commencement of that section.
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