Category Archives: foreign ownership
Land ownership deed of grant in fee simple no longer available in Queensland
- From 1 October 2019, paper certificates of title will no longer be used and will cease to be an instrument under the Land Title Act
- From 1 October 2019, an equitable mortgage will no longer be created by leaving a certificate of title with a mortgagee
- A number of other minor amendments to the Land Title Act are highlighted
On 26 March 2019 the Queensland Parliament passed the Land, Explosives and Other Legislation Amendment Act 2019 (Amending Act). The Amending Act introduces significant amendments to the Land Title Act 1994 (Qld) (LT Act) which sees paper certificates of title becoming redundant as part of the push towards a completely electronic conveyancing system in Queensland.
The practical effect of these amendments is that as of 1 October 2019, the Registrar will not be able to issue paper certificates. There will also no longer be a requirement to lodge existing certificates in the Titles Office for future dealings with the land to which they relate. As a result, paper certificates will not provide evidence of an owner’s indefeasible title over property, and there will be no requirement to deliver paper certificates of title at settlement.
A raft of amendments will be made to the LT Act to give effect to the Amending Act. Although many of those changes only reflect the removal of references to certificates of title as contained in the LT Act, some of the more substantive changes include:
- Removal of section 154 of the LT Act. This means that, where an instrument (for example, a transfer of land) is sought to be lodged and a paper certificate exists, the purchaser will no longer be required to lodge any certificate of title for cancellation with that transfer.
- An instrument (that has not already been rejected) lodged before 1 October 2019 but not registered because the paper certificate was not returned, may be registered despite noncompliance with section 154. For example, where a mortgage was lodged over land prior to 1 October 2019 without the certificate of title, after 1 October 2019, the Registrar can register that dealing, without the certificate of title having ever been lodged.
- A certificate of title will cease to be an instrument under the LT Act, and as such, will no longer be evidence of the indefeasible title for the lot upon which it is issued. The electronic title maintained by the Titles Registry will be the record of ownership.
The amendments also have ramifications for the creation of equitable mortgages over property. Currently, section 75 of the LT Act states that an equitable mortgage can be created by leaving a paper certificate with the mortgagee. Under the amendments, that will no longer be possible from 1 October 2019.
However, the omission of section 75 does not alter rights or obligations arising under an existing equitable mortgage created prior to 1 October 2019. A mortgagee wanting to enforce their security under an existing equitable mortgage arising pursuant to section 75 will still be required to prove that the equitable mortgage was created by the provision of a certificate of title. Furthermore, such an equitable mortgagee will still be required to enforce their security through an order of the Court.
If you would like to discuss any aspects of changes to the LT Act, please contact HopgoodGanim Lawyers’ Property team.
KAP Leader and Federal Member for Kennedy Bob Katter has today continued his insurgency against the ratification of the Trans-Pacific Partnership-11 (TPP-11) as it heads into the Senate by unleashing a tirade on the Government’s claim that Australia will be ‘last in the queue’ should the bill be shot down.
“Most of my last speeches in Parliament have been what I’ve hoped are fierce attacks upon the hypocrisy of free trade; upon our industry representative organisations particularly in agriculture. All we’ve got out of these bodies in Canberra is a clapping of hands for every free trade deal.
“The Federal Government couldn’t drive the drover’s dog to a drink in the Murranji Track, and yet, they live in a world where their peculiar Adam Smith policies eliminate any reference to the assumptions upon which free markets are valid.
“Adam Smith would turn in his grave if his principles had been used to abolish arbitration in the dairy industry when there were 15,000 sellers in the market, and only two buyers: “Woolworths and Coles”.
“These people would fail the most elementary economics course at a reputable university and yet they continue on with the most crude and snivelling supine pathetic resort to the mantra of free trade when it has removed our car industry, made us petrol mendicants, blast production, halved our cement and steel industries and reduced us to two quarries: iron ore and coal.
“Take note, if the TPP-11 is signed it will be the greatest blow to democracy in 300 years, and will amount to nothing more than a new form of Corporate Colonialism.
“This agreement is not about trade, it’s about sovereignty,” Mr Katter said. “Governments will now be stripped of their power to regulate the behaviour of overseas companies and will face legal consequences if they do. The cigarette smoking case is a classic example.
“Companies will be able to come here under certain terms and conditions and no Government will be able to change those without fairly horrific consequences, if at all. It takes away our sovereignty and hands it over to the giant foreign owned corporations.
“Once in place, withdrawing from the TPP will ensure the wrath of countries infinitely more powerful than our own.
“Over the last two centuries America has constantly enforced these principals upon the Latin/American countries and reduced them to grinding poverty if not quite mendicant states”
Mr Katter expressed concern over the foreign workers who would be let into the country under the TPP agreement.
“Foreign workers will pour in and they are already at high levels, there are 600,000 foreign workers a year coming into an economy creating only 200,000 jobs a year. They are taking our jobs and undermining our pay and conditions, and there’s nothing we can do about it.”
Mr Katter said free trade had ravaged multiple agricultural industries in Australia, pointing to the US Free Trade Agreement as an example.
“The American free trade deal was about dairy, beef and sugar. The value to dairying was quoted as being the value of one free ice-cream a week for each farmer. The cattle industry has always had a fairly good deal on access to the US and the sugar industry was wiped like a dirty rag. It got nothing. The powerful ‘Florida cane mafia’, as they are called, laughed.
“The Americans on the other hand, wanted quarantine dramatically weakened. Our quarantine was dramatically undermined and our drug and pharmaceutical rules of entry dramatically weakened. They achieve both their goals, and it was hailed in the American congress as ‘wonderful for America’ and I quote: “I know Australia, there is a view that they got shafted, but I think there was some things in there for them”. Yes, there was, but we couldn’t find them.
“The Government told us how wonderful it was for us, but there were no specifics.
“These are the people that have halved our wage structure in the mining industry. They say labour costs are killing us. A decent income for our workers is what we strive for in this country. And what was once our great pride and achievement in the days of the Bjelke-Petersen/ McEwen Country Party governments, now it is apparently a mark of shame.
“I absolutely believe we are now retreating back to the days of colonialism, the only difference being that it is Corporate Colonialism and not Imperial Colonialism.
“We will continue the fight against the TPP-11 in the Senate by introducing an amendment and we plead with all Senators not to turn the control of their country into the hands of foreign corporations.”
United Nations sycophants of ALP, Greens and LNP decry Senator Anning’s remarkable maiden speech which is reproduced in full at the bottom of the page
The dominant left wing of national broadcaster, the ABC is frothing at both ends over Senator Fraser Anning’s maiden speech.
Cairns News has perused the speech and discovered it is not nearly as volatile as Pauline Hanson’s in the maiden speech stakes.
Brainless shock jock Senator Derryn Hinch, naturally a Victorian and ALP atheist Penny Wong have joined the choirmaster ABC along with the Jew, Josh Frydenberg, unremarkably spluttering the views of the Liberal Left.
It is a terrible blight on the jaundiced, national Marxist education system, that a supposed government Minister is unable to rely on normal comprehension to understand the meaning of Senator Anning’s quite acceptable speech.
Readers can decide for themselves but the new senator leaves us in no doubt a national referendum on immigration should happen quite soon.
Below is a statement from Senator Anning:
Senator Anning has dismissed criticism of his use of the words “final solution” in regards to immigration as an effort by the left to shut down debate.
“Claims that the words meant anything other than the “ultimate solution” to any political question is always a popular vote are simply ridiculous.”
“Anyone who actually reads them in context will realise this.”
“Some in the media and left wing politicians are simply afraid of the Australian people having a say on who comes here.”
“As I called for a plebiscite on the immigration mix, this baseless and ridiculous criticism is simply an effort to play the man and not the ball.”
“It is ironic that those on the left such as the Greens and some Labor who seek to criticise me are the same people who refused to support my efforts to stop Australia funding the Palestinian Authority which finance terrorist attacks against innocent Israeli women and children.”
To read the full speech click link – Maiden Speech – Senator Anning
Australia has been deceived as this great patriotic song tells how we have been sold out by our parliament. Our manufacturing is gone, we are but a consumer to the world we once contributed.
from Jim O’Toole
Real estate agent and principal of the Cairns RE/MAX franchise Tony Williamson is heading to South Korea to flog off yet more Cairns property to Asian buyers.
Diverters of social cohesion such as Williamson have helped force up the price of homes keeping young Australians, not Asians out of the market.
We do not want greedy real estate agents like Williamson and his entourage of fellow agents hawking our homes to foreign buyers.
About 30 other Remax agents will attend the global network’s Asia Pacific convention in Seoul.
Mr Williamson is quoted as saying he wants to turn the global spotlight onto the Cairns property market
Mr Williamson and the entire Remax franchise would do well to hark the recent immigration speech of Senator Fraser Anning.
We do not want any more foreign ownership of any Australian property, Mr Williamson.