Queensland Titles Registry Pty Ltd ACN 648 568 101 acts as agent for the Registrar of Titles and the State of Queensland in matters of statutory compensation claims made under Subdivision C of Division 2 of Part 9 of the Land Title Act 1994 (Qld).
In certain circumstances a person is entitled to be indemnified by the State of Queensland if that person is deprived of an interest in a lot or suffers loss. The circumstances are set out in sections 188, 188A and 189A of the Land Title Act 1994 (Qld).
Some of these circumstances include for example:
- Where you have been deprived of your land directly because of the fraud of another person or because of an error in the freehold land register.
- Where you have suffered loss or damage because of incorrect registration.
See sections 188 and 188A of the Land Title Act 1994 for a full list of circumstances where you may be entitled to compensation.
Circumstances in which there is no entitlement to compensation are set out in ss. 188A (3), 188AA and 189 of the Land Title Act 1994. An example is where the register is incorrect, but the error may be corrected by the registrar (s 188A (3)) or where the claim is for personal injury (s 188AA).
What is required?
To claim an entitlement for Statutory Compensation under the Land Title Act:
- You must:
- be deprived of your land or an interest in the land, or
- suffer loss or damage.
- The deprivation of an interest in a lot must be caused by one of the matters listed in s 188(1) or the loss or damage must be caused by one of the matters listed in s 188A(1).
- The circumstances must not be excluded by s 188A (3) or s 189(1).
A claim for compensation under the relevant provisions of the Land Title Act 1994 requires complex application of legislative and common law requirements to substantiate your claim. Titles Queensland and its staff cannot provide you with advice, legal or otherwise, regarding your claim. Accordingly, it may assist to seek the advice of a suitably qualified legal practitioner as to the legal requirements and your rights for a claim of compensation and whether you may be eligible. The Queensland Law Society can aid in locating a solicitor with relevant experience. The contact details for the Queensland Law Society are available through their website at: You & The Law by Queensland Law Society.
Next Steps
If you believe that you have a claim for compensation under the Land Title Act 1994, you should first complete the Claim for Compensation Form setting out the details of the claim. This will assist Titles Queensland to consider whether liability of the State has been established to resolve legitimate claims without litigation. This can then be sent to:
Post:
Attention: Legal Services
Titles Queensland
GPO Box 1401
Brisbane QLD 4001
Email:
[email protected]
Subject line: Attention: Legal Services – Compensation Claim
If it is the opinion of Titles Queensland that your claim does not establish the liability of the State, the reasons will be provided to you and you are entitled to apply to the Supreme Court for an order for that compensation be paid by the State (s 188B). It remains open to you at all times to apply under s 188B without first completing the Claim Form or communicating with Titles Queensland.
An application must be made within 12 years after the person became aware or should reasonably have become aware of the circumstances which give rise to an entitlement to compensation (s 188C).
Given the complexity and serious nature of a compensation claim, estimating a timeframe for a response can be difficult and will vary depending on the complexity of the claim and supporting material provided. Titles Queensland will acknowledge receipt of your claim, provide you with a point of contact for future communication and will keep you informed on the progress of consideration of your claim. You will receive a request if further information is required.