Answer all three questions, refer to any relevant statutory provisions (either Victorian or Commonwealth) and/or case law to support and illustrate your points. Question 1 (10 marks) Explain what is meant by past acts, intermediate period acts and future acts, and how these are treated differently under the NTA regime. Question 2 (15 marks) “Once a title holder is registered under the Torrens system they will acquire what has been described as an ‘indefeasible’ title. Indefeasibility...refers to the fact that the…holder acquires a conclusive and secure title subject only to other interests registered on that title, statutory fraud and other…exceptions” (Hepburn, 11.6). Discuss this statement. In your answer, you should: Describe the process of registration of title and its legal outcomes. State the consequences of registration. Identify and discuss the exceptions to indefeasibility of title and the limits to those exceptions. Question 3 (5 marks) Mr Black owns a fee simple and enters into a contract of sale with Mr Brown who pays a deposit and agrees to a settlement in three months’ time. Prior to settlement, Mr Brown asks to view the title documents, and Mr Black agrees to allow a ‘temporary’ viewing to Mr Brown. As soon as Mr Brown receives the title, he takes it to the bank and deposits the title in return for a mortgage advance. Mr Brown then disappears with the mortgage money and does not settle. In the meantime, Mr Black enters into a contract to sell the property to Mr Green. In a dispute between the bank and Mr Green, explain who is likely to have priority.

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