False attestation of a signature on a registrable instrument, where the attesting witness knows the signatory was not present but does not know the signature is forged and does not appreciate the legal consequences for the registration process, does not constitute 'fraud' within the meaning of ss 42-44 of the Transfer of Land Act 1958 (Vic). The fraud of an employee of a solicitor-agent of the registered proprietor cannot be attributed to the registered proprietor where neither the solicitor nor the proprietor was complicit in or aware of the fraud — there is an important distinction between the fraud of an authorised employee of the registering party and that of an employee of the solicitor for the registering party.
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