Former Senator Rodney Culleton and Ioanna Culleton, as original registered proprietors of multiple Western Australia properties, have initiated formal legal steps through the Commissioner of Titles, invoking powers conferred under the Transfer of Land Act 1893 (WA) to correct what they allege is systemic fraud on the land title register.
Already this year three land owners whose properties were sold by banks as mortgagee in possession have been returned to their properties due to fraudulent practices by banks, court and land title Registrars.
Rather than seeking redress through the courts, the Culletons are exercising legal rights directly through the statutory processes available under the Torrens System, specifically engaging the Commissioner of Titles, who holds the statutory powers of the Supreme Court in matters involving the correction of land titles and protection of the Register.
The Culletons maintain that judgment creditors — purporting to act as mortgagees — have bypassed the mandatory enforcement provisions under Western Australian law, obtaining default monetary judgments and using them to take possession and sell land without proper legal authority.
Despite the Commissioner of Titles being in possession of prima facie evidence of fraud, there has been no Registrar’s Caveat lodged under section 188(7) of the Transfer of Land Act 1893 to protect the integrity of the Register and prevent the State of Western Australia from exposure to significant legal and financial liability.
The Culletons argue that the current registered parties on affected titles do not hold an indefeasible right, but instead hold a divisible interest as constructive trustees, pending correction of the Register. In the absence of action by the Commissioner, the Culletons have been forced to lodge their own caveats to preserve their lawful interests and ensure the Commissioner meets their statutory duties.
“This is not about politics. This is about protecting every Western Australian landholder and the integrity of the land titles system that underpins our property economy,” Mr Culleton said.
To that end, the Culletons have held and continue to hold meetings with State and Federal Senators, raising these matters as a public interest issue of national importance. Discussions are already well advanced with Federal Member for Kennedy, Mr Bob Katter MHR, who has expressed grave concern over the apparent systemic failures affecting land tenure, constitutional protections, and Crown authority in the State of Western Australia, Victoria and Queensland.
The Culletons are calling for:
• Immediate action 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 monetary judgements;
• Legislative inquiry into the potential abuse of enforcement laws and lack of oversight by Landgate;
• Assurance that indefeasibly of title is not being undermined by fraudulent or unlawful administrative practices.
At stake is not only the rights of the Culleton family — but the public trust in the State’s most fundamental legal institution: the Register of Land Titles.
