Bona fide purchaser for value without notice (BFPFVWN)
A bona fide purchaser for value without notice (BFPFVWN) is a good-faith buyer who has paid a stated price for a property without knowledge of existing prior claims or equitable interests. For simplicity, the term can be broken down as follows:
- Bona fide – good faith (no ill/deceptive intention)
- Purchaser – the party must have bought the property, not been a beneficiary of a gift’
- For value – the price paid must be a full and fair amount which reflects the value of the property
- Without notice – the party had no actual, constructive, or imputed knowledge of existing titles to the property
The BFPFVWN rule used to operate in Australia under the Old System of property to extinguish existing title claims in order to favour the innocent, good faith purchaser. However, with the introduction of the Torrens system, registration on the Torrens register is now the only way to ensure title to property. This is because even where a bona fide purchaser for value exists, they are usually deemed to have notice of any interest recorded on the register, as registration places purchasers on notice by default.
The BFPFVWN defence is therefore only available to those who acquire title to property without actual, constructive or imputed notice of adverse title to the goods or property, and cannot trump registration.
ASIC v Bekier: red flags, risk and directors’ duties
Ben Sewell has recently published an article in the Law Society Journal on ASIC v Bekier, one of the most important directors’ duties decisions in recent years. The case concerns Star Entertainment Group and the way senior management and the board responded to…
Preventing Voluntary Administration: Essential Steps for Company Directors of SMEs
Voluntary administration is not always the best option for small-to-medium sized enterprises in Australia. While it is sometimes successful for larger businesses, often other turnaround and restructuring options are more suitable for SMEs. Here we look at some of the…