Australia land/Property law

LAND LAW

ASSIGNMENT TRIMESTER 2, 2015

“The competing arguments present for no easy solution. On the one hand lies the stability, certainty and blunt harshness of the indefeasibility doctrine- it operates at a macro level, without regard to the justice that may need to be done in an individual case, and by application of blind faith objectivity…On the other hand, lies the imperative faced by individual judges, deciding specific matters inter partes, and seeking to achieve fairness between understandably self-interested litigants without any interest in the blind objectivity of the legal system…”

 

Discuss this statement with respect to the in personam exception and the Torrens system.

 

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