The Registrar-General's right of subrogation under s 133(2) of the Real Property Act 1900 (NSW) does not create an independent cause of action; the Registrar-General must enforce the claimant's rights in the claimant's name or with the claimant joined as a party. A statutory charge under s 6(1) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) cannot be enforced against a 'claims made' insurer where the events giving rise to the claim pre-date the insurance contract, even where the claim itself is made during the policy period. Where the Registrar-General's liability to pay compensation from the Torrens Assurance Fund depends on the absence of professional indemnity cover (s 129(2)(b)), establishing that the insurer is liable simultaneously negates the right of subrogation.
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