New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 138A

138A Registrar-General may take steps to rectify Register in case of fraud

(1) The Registrar-General may, in relation to the settlement of a claim in accordance with section 135, take any of the steps set out in subsection (2) that are required to rectify the Register (including by registering a person as proprietor of land) if the Registrar-General is satisfied that:

(a) the person has been deprived of land, or an estate or interest in land, as a result of fraud, and

(b) the current registered proprietor acquired the estate or interest in land through fraud.

(2) The Registrar-General may do one or more of the following:

(a) cancel or amend a folio of the Register,

(b) cancel, amend or make a recording in a folio of the Register,

(c) create a new folio of the Register,

(d) create a new edition of a computer folio,

(e) issue a new certificate of title.

(3) The Registrar-General may, if he or she considers it appropriate to do so, require the current registered proprietor to deliver up the certificate of title for the purpose of it being cancelled, by notice in writing to the current registered proprietor.

(4) If the current registered proprietor fails to respond to such a notice within a reasonable time or cannot be found for the giving of such a notice, the Registrar-General may, if the Registrar-General considers it appropriate, dispense with the production of the certificate of title or take action under the authority conferred upon the Registrar-General by section 111 (3).