Justification for a name discrepancy

Where the name of a party stated on an incoming electronic dealing differs from the full name recorded on the land title, the discrepancy may be justified without the need to lodge a Change of Name. This only applies when the party will be removed from the title on registration of the dealing, such as:

  • a transferor in a transfer or
  • a mortgagee in a discharge of mortgage.

A name discrepancy cannot be justified in the following instances:

  • with evidence that is issued outside of Australia
  • where the name difference is not due to a legitimate change of name by the party, e.g. an error in the recording of the name.
Where registration of the transaction does not remove the party from an affected land title.
  • A paper change of name must be lodged where other dealings other than a mortgage is to be lodged
  • A justification for the change of name included in the electronic National Mortgage may be lodged.

Justification not affecting all land titles in a dealing 

A situation may arise where a party is recorded in the current name on one or more land titles, but in a former name on the remaining land title(s). For example, a transfer may affect two land titles, where the registered proprietor of the first is Mary Smith (current name), but the registered proprietor of the second is Mary Jones (same person as on the first land title, but former name).

The alternatives are to:

  • lodge a Change of Name in paper for the second land title before the electronic transfer is lodged
  • lodge separate electronic transfers for each of the land titles (note: this will attract two transfer lodgement fees and require separate stamp duty verification by Revenue NSW); or
  • lodge the transfer in paper.

Previous name on title

The data requirements for justification of a name discrepancy or previous name are as follows: 

Justification Action required Evidence type Issued by  Evidence date Evidence document reference Evidence jurisdiction Jurisdiction
Incorporated Name Change

Specify Change of Name Certificate details

 

Specify record of authorised organisation name change filed at Land Registry

Change of Name Certificate for Organisation

 

Land Registry Record of Authorised Organisation Name

ASIC – for Australian companies or NSW Fair Trading – for incorporated associations

 

Land Registry Record of Authorised Organisation Name

Date of issue

 

 

N/A

Registration number

 

 

N/A

Australia 

 

 

Australia 

Commonwealth of Australia or NSW

 

 

NSW

Organisation Re-structure Specify record of authorised organisation name change filed at Land Registry Land Registry Record of Authorised Organisation Name N/A N/A N/A Australia  NSW
Change of Name Specify Change of Name Certificate details Change of Name Certificate for Individual An appropriate Australian state or territory government body e.g. NSW Department of Births, Deaths and Marriages Date of issue Registration number Australia  Australian state or territory
Adoption of New Name Specify Change of Name Certificate details Change of Name Certificate for Individual An appropriate Australian state or territory government body e.g. NSW Department of Births, Deaths and Marriages Date of issue Registration number Australia  Australian state or territory
Legislative Change Specify legislation reference Legislation Reference

Commonwealth of Australia

or

Australian state or territory

Date of Act Section number and full name of Act Australia 

Commonwealth of Australia or Australian state or territory

Specify Government Gazette details Government Gazette Reference  

Published Commonwealth of Australia

or

Australian state or territory

Date of notice in gazette or issue date of gazette Issue number and issue date of gazette Australia 

Commonwealth of Australia or Australian state or territory

Resumption of Maiden Name Specify Marriage Certificate details Marriage Certificate An appropriate Australian state or territory government body e.g. NSW Department of Births, Deaths and Marriages Date of issue Registration number Australia  Australian state or territory
Marriage Specify Marriage Certificate details Marriage Certificate An appropriate Australian state or territory government body e.g. NSW Department of Births, Deaths and Marriages Date of issue Registration number Australia  Australian state or territory
Approved Abbreviation No supporting documents required No supporting documents required  N/A N/A N/A Australia  N/A