MLL325 Study Guide - Final Guide: Warringah Council, Marrickville Council, Fee Simple

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Torrens statutes are subject to change by later legislation. Title of registered proprietor may be set aside where subsequent legislation overrides or repeal it. Intention to repeal or abrogate earlier legislation must be express/implied. Strong presumption that parliament does not intend to contradict itself but rather intends that the two statutes to operate in their given spheres. Subsequent legislation which is directly inconsistent with earlier legislation will abrogate earlier legislation. If subsequent legislation is rather general than specific, it may not abrogate earlier specific provisions. Accordingly, legislation which is unconnected to torrens legislation but which has been enacted after, for instance the tla of 1958 (vic), may be interpreted as inconsistent with the provisions of the tla. For example: (1) a statute authorises the creation of an interest in land without registration of the interest. If there is a partial/total inconsistency the torrens statute must yield to later statute to the extent of inconsistency.

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