C Hammond, 'The abolition of the duplicate certificate of title and its potential effect on fraudulent claims over Torrens land' (2000) 8 Australian Property Law Journal 115, where the author looked at whether the abolition of the certificate of title increases the potential for fraud to occur and concluded that the "production of a duplicate certificate of title operates as an effective safeguard against third party fraud. The extremely rare cases of fraud by third parties across all three jurisdictions bears this out. However, the existence of a duplicate certificate of title is less effective as a safeguard where 'trusted agents', friends or family are involved in the fraud. In these cases, access to the duplicate certificate of title by the fraudulent party makes it easier for them to perpetrate fraud and to obtain registration of the fraudulent dealing": at 130.
Sharon Christensen LLB (Hons), LLM
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