Former Senator Rodney Culleton and Ioanna Culleton, as unique registered proprietors of a number of Western Australia properties, have initiated formal authorized steps by means of the Commissioner of Titles, invoking powers conferred below the Switch of Land Act 1893 (WA) to right what they allege is systemic fraud on the land title register.
Already this 12 months three land house owners whose properties had been offered by banks as mortgagee in possession have been returned to their properties attributable to fraudulent practices by banks, court docket and land title Registrars.
Reasonably than looking for redress by means of the courts, the Culletons are exercising authorized rights straight by means of the statutory processes accessible below the Torrens System, particularly partaking the Commissioner of Titles, who holds the statutory powers of the Supreme Courtroom in issues involving the correction of land titles and safety of the Register.
The Culletons preserve that judgment collectors — purporting to behave as mortgagees — have bypassed the obligatory enforcement provisions below Western Australian legislation, acquiring default financial judgments and utilizing them to take possession and promote land with out correct authorized authority.
Regardless of the Commissioner of Titles being in possession of prima facie proof of fraud, there was no Registrar’s Caveat lodged below part 188(7) of the Switch of Land Act 1893 to guard the integrity of the Register and forestall the State of Western Australia from publicity to vital authorized and monetary legal responsibility.
The Culletons argue that the present registered events on affected titles don’t maintain an indefeasible proper, however as an alternative maintain a divisible curiosity as constructive trustees, pending correction of the Register. Within the absence of motion by the Commissioner, the Culletons have been compelled to lodge their very own caveats to protect their lawful pursuits and make sure the Commissioner meets their statutory duties.
“This isn’t about politics. That is about defending each Western Australian landholder and the integrity of the land titles system that underpins our property economic system,” Mr Culleton stated.
To that finish, the Culletons have held and proceed to carry conferences with State and Federal Senators, elevating these issues as a public curiosity problem of nationwide significance. Discussions are already properly superior with Federal Member for Kennedy, Mr Bob Katter MHR, who has expressed grave concern over the obvious systemic failures affecting land tenure, constitutional protections, and Crown authority within the State of Western Australia, Victoria and Queensland.
The Culletons are calling for:
• Speedy motion by the Commissioner of Titles to lodge Registrar’s Caveats on all affected titles;
• Full investigation into all transfers arising from incorrect enforcement procedures for financial judgements;
• Legislative inquiry into the potential abuse of enforcement legal guidelines and lack of oversight by Landgate;
• Assurance that indefeasibly of title just isn’t being undermined by fraudulent or illegal administrative practices.
At stake just isn’t solely the rights of the Culleton household — however the public belief within the State’s most elementary authorized establishment: the Register of Land Titles.
