Property
Torrens indefeasible title layered over the Native Title Act 1993
Torrens title registration in every state, giving indefeasible title on registration, layered over native title recognised by the High Court in Mabo and administered under the Native Title Act 1993. Foreign purchasers need FIRB approval.
Key rules
- Jurisdiction — Land law is state law, so the registry, stamp duty and disclosure rules differ by state; native title and foreign investment screening are Commonwealth.
Governing law
- Native Title Act 1993Cth
- Real Property Act 1900 (NSW) and equivalent state Torrens statutes
- Foreign Acquisitions and Takeovers Act 1975
In practice
Registration under the Torrens system confers title that is indefeasible, subject to statutory exceptions including fraud, so the register itself is the source of title rather than evidence of it. Mabo v Queensland (No 2) in 1992 rejected the doctrine that Australia was legally unoccupied and recognised native title surviving at common law; the Native Title Act 1993 created the claims and future-act regime, and native title can coexist with some other interests but is extinguished by inconsistent freehold grants. Foreign persons generally require Foreign Investment Review Board approval before acquiring residential land, and acquiring established dwellings is largely prohibited.