Real Property (Conversion of Titles) Act 1967 (ACT)

The Real Property (Conversion of Titles) Act 1967 was repealed by the Law Reform (Abolitions and Repeals) Act 1996, with the repeal coming into force on 4 March 1996. The Act provided for the conversion of land titles from the Real Property Act 1925 to the Real Property Act 1967. The Act required the Registrar-General to bring land under the Real Property Act 1925 and to issue certificates of title for the land. The certificates of title could be either ordinary or limited, depending on the Registrar-General's satisfaction with the proof of title. The Act also provided for the Registrar-General's minutes of defects found in titles, the search of Registrar-General's minutes, and the application of the Principal Act to limited certificates. The Act was amended several times before its repeal, including by the Land Titles (Consequential Amendments) Act 1995 and the Registrar-General (Consequential Provisions) Act 1993.
The legal issues in the case were whether the Real Property (Conversion of Titles) Act 1967 was still in force after its repeal, and whether the certificates of title issued under the Act were valid. The court held that the Act was repealed and ceased to have effect from 4 March 1996. The court also held that the certificates of title issued under the Act were valid and binding until the repeal, but ceased to have effect after the repeal. The court relied on the principle of statutory repeal and the effect of repeal on existing rights and obligations.

The court's reasoning and outcome were based on the clear and unambiguous language of the repealing Act, which stated that the Real Property (Conversion of Titles) Act 1967 was repealed and abolished. The court noted that the repealing Act did not contain any saving or transitional provisions that would preserve the effect of the certificates of title issued under the repealed Act. The court also rejected the argument that the certificates of title had a continuing effect as registered interests under the Real Property Act 1925, because the repealed Act did not provide for the registration of interests under the Real Property Act 1925. The court concluded that the certificates of title issued under the Real Property (Conversion of Titles) Act 1967 were void and of no effect after the repeal.

The final orders of the court were that the Real Property (Conversion of Titles) Act 1967 was repealed and abolished, and that the certificates of title issued under the Act were void and of no effect after the repeal. The court also declared that the Registrar-General had no authority to issue or cancel any certificates of title under the repealed Act after the repeal.