ADIS Code - OC
An Order of Court is a direction in a proceeding or other matter brought before the Court. An office copy of the Order is issued by the Court. The office copy must bear the seal of the Court.
The information contained hereunder relates to an Order of Court registered in the General Register and not in the Causes, Writs and Orders Register (CWO).
The intention of the lodging party to register the Order of Court in the General Register must be indicated in the Noting panel on the IPF.
The lodging party may choose to register an Order of Court in the General Register or the CWO. An Order of Court that does not comply with the requirements for registration in the CWO, ie the Order:
- is not accompanied by the approved form and/or
- does not affect land,
may be registered in the General Register.
For registration of an Order of Court in the CWO.
An Order of Court affecting land ceases to have any effect after the expiration of 5 years from the date of registration unless renewed.
Lodgment requirements
Stamp duty - Required where the transaction contained in the Order of Court requires marking. If not marked, Registration insisted upon is prohibited.
Registration copy - Either the office copy or a registration copy of the Order of Court may be lodged. If the registration copy is unacceptable, NSW LRS will, if possible, prepare a new registratiion copy (no fee).
Statement of Title Particulars form - Required if required for the transaction contained in the Order of Court.
NOS form - Required if required for the transaction contained in the Order of Court.
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - Order Of Court
(C) Locality - The situation of the Old System land if affected.
Link Conveyance - For the Old System land if affected.
Principal Deed - If the Order of Court affects a previously registered document.
(D) Indexing - The party burdened by the Order of Court where Old System land is affected. All parties mentioned in the Order of Court where Old System land is not affected.
(E) Certification - Required.
Document requirements
Date: must be dated with the date of execution. If not dated advise the lodging party. If a date is not furnished, indicate Registration insisted upon and include the reason.
Name: the full names (initials are acceptable) of the parties are required. Advise the lodging party of any discrepancies in names. Note: variations in a name are indexed.
Locality: required if land is affected. The situation of the land.
Land Description: required if Old System land is affected. Determine if the affected land is Old System or other (see IPF). Where Old System land is affected it must be described by reference to:
- a metes and bounds description
- another registered instrument
- a plan attached
- a Government Gazette notice or
- a lot or parcel in a subdivision.
Link Conveyance: required if Old System land is affected. The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000. Whole or part must be established.
Principal Deed: required if the Order of Court affects a previous registered document. The number of the affected document as stated in the Order of Court must be identical to the number stated on the IPF.
Execution: by the Court.
Attestation: not required.
IPF: must be completed.
Staff processing information
If the Order of Court appears to require further action by NSW LRS, refer to Legal Division through the Senior Examining Officer.
If the Order of Court affects Torrens Title land advise the lodging party that it cannot be registered in the CWO and registration in the General Register of Deeds will put it on Public Record only. Registration of the Order of Court on the affected Torrens Title using a Request form 11R may be more appropriate.
CA Required if raised for the transaction contained in the Order of Court.
Indexing
Locality: required if land is affected. The situation of the land.
Link Conveyance: required if Old System land is affected. The last conveyance or acknowledgment prior to Book 4000. Indicate whole "W" or part "P".
Principal Deed: required if the Order of Court affects a registered document.
Noting: If Old System land is affected and:
- an interest, state: "interest in" (or Noting Code: "I")
- a share, state: "[fraction] share"
- part of the land, state: "[affected land description]"
- the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").
The indication by the lodging party on the IPF to register the Order of Court in the General Register is not entered as a Noting.
V:
If Old System land is affected: the party burdened by the Order of Court, deceased estates or trusts, and any variations thereof.
If Old System land is not affected: all parties mentioned in the Order of Court.
P:
If Old System land is affected: the party benefiting from the Order of Court, deceased estates or trusts, and any variations thereof.
If Old System land is not affected: nil.