Exemptions for electronic lodgment of mandated dealings and caveats from 1 July 2018

Caveats

The following caveats are not eligible to be lodged electronically: (a paper Caveat form 08X should be used in these circumstances):

  • Caveats requiring an attachment, such as a sketch plan.
  • Caveats affecting part of the land in a Folio of the Register
  • Caveat lodged against premises contained in a lease
  • Caveats affecting a registered interest (mortgage, lease or charge).
  • Caveats involving multiple caveators and they are not represented by a single subscriber.
  • Caveats requiring the written consent of the registered proprietor, for the purposes of section 74O Real Property Act 1900.

Mortgages

(see Conveyancing Rules waivers CR1/2018 & CR2/2018)

The Registrar- General grants all mortgagees a partial waiver of the obligation to comply with Conveyancing Rule 8.2 where the relevant transaction involves:

  • a land security located in a Non-ELN Enabled Jurisdiction; and/or 
  • a non-land security, which cannot be traded electronically through an ELN.

Transfers

The following transfers are not eligible to be lodged electronically (a paper Transfer form 01T should be used in these circumstances):

  • A transfer creating a life estate and estate in remainder.
  • Transfers on forms other than the 01T Transfer form, such as the Transfer Including Easement form 01TE.
  • Transfers affecting more than 20 Folios of the Register. 
  • Transfers requiring an attachment in order to be registered, such as a caveator’s consent, order of court, or Minister’s consent. 
  • Transfers that need to be executed by a person other than the registered proprietor, such as a court officer or by a guardian when a person's estate is subject to management under the NSW Trustee and Guardian Act 2009. ((Note transfers executed under a Power of Attorney are eligible to be lodged electronically). 
  • Transfers where land tax is required to be paid from settlement proceeds.(see Conveyancing Rules Waivers CR3/2018).
  • Transfers where funds from one financial settlement are required for another financial settlement (simultaneous settlement).(see Conveyancing Rules Waivers CR3/2018).
  • Transfers involved in a settlement that includes the transfer of a Water Access Licence.(see Conveyancing Rules Waivers CR3/2018).

Other transfers that must be lodged in paper: 

  • A transfer of an interest in land (see Transfer by a Joint Tenant form 01JI)
  • A transfer for the sole purpose of altering the tenancy of all the registered proprietors (see Transfer Altering Tenancy form 01JT).
  • A transfer for the sole purpose of severing a joint tenancy (See Transfer Severing Joint Tenancy form 01TJ).
  • A transfer of an estate in remainder (SeeTransfer of an Estate-in-Remainder form 01TK).

For transactions involving unrepresented parties, see Conveyancing Rules Waivers CR 4/2018 – Transfer exception;  CR5/2018 – Caveat exception; and CR6/2018 – Non ADI mortgage exception.

Please note when lodging these documents a Conveyancing Rules Exceptions form may be required.