On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Bankruptcy Application

Form  04BAP

Dealing Type - BA

Legislation

  • section 90 Real Property Act 1900
  • Bankruptcy Act 1966 (Cth).

Stamp Duty - not required.

NOS Form - required for a change of:

  • the First Schedule or
  • the lessee of a Crown land tenure, term lease or Crown land Real Property Act 1900 lease.

Panels 1, 2, 3B and 5 require completion.

Not required for a time-share title.

Standard Form of Caveat - a caveat noted on the Register will not prevent the recording of a Bankruptcy Application. Where the caveator is the Trustee in Bankruptcy, the caveat will be removed upon the registration of the Bankruptcy Application.

Priority Notice Noted on the Register - see Priority Notice page.

NOTE: This dealing type may be lodged as a Dealing with Exception provided it is accompanied by a completed Lodgment Rules Exception form. In all other instances, the electronic dealing must be used.

This page aims to help you complete a Bankruptcy Application dealing form which may be used to register an appointed trustee (or trustees) as proprietor/s of the estate in land held by a bankrupt.

The appointed trustee/s will replace the bankrupt registered proprietor on the Register. If the bankrupt holds as a joint tenant, the tenancy is severed, and the incoming trustee/s will hold as a tenant in common with the other proprietors. The other proprietors retain the tenancy/shares held among themselves. Two or more trustees must hold as joint tenants between themselves.

The Applicant must provide a statutory declaration that identifies that the bankrupt is the registered proprietor of the land to which the application relates (see section 90(2A) Real Property Act 1900).


Also see:

(A)  The reference to title for the land affected must be stated.

(B)  The registered number of the lease, mortgage or charge affected by the bankruptcy application must be stated. The reference to title for the land affected must be stated.

(D)  The full name of the bankrupt registered proprietor must be stated and be identical to the name shown on the Register.

NOTE: Where the bankrupt registered proprietor holds as joint tenant, the joint tenancy is severed upon registration of the bankruptcy application and the trustee in bankruptcy and the other non-bankrupt joint tenant will hold as tenants in common in equal shares.

(E)  If other than the Official Trustee in Bankruptcy, the full personal name and capacity of the applicant must be stated.

(F)  The relevant section of the Bankruptcy Act 1966 (Cth) must be stated.

(G)  The basis for the application must be stated. The applicant may claim pursuant to:

  • a deed of assignment. The date must be stated
  • a resolution of creditors under the Bankruptcy Act 1966 (Cth). The particular section must be stated. The suggested form of wording is “section [section number] Bankruptcy Act 1966 and a resolution of the creditors for the debtor to execute a personal insolvency agreement on [date]”
  • an Order made under Part XI Bankruptcy Act 1966 (Cth). The date of the Order must be stated. The suggested form of wording is “section 52 Bankruptcy Act 1966 and a sequestration order made by the Federal Court/Federal Magistrates Court on [date]” or
  • a Debtors Petition under section 55 Bankruptcy Act 1966 (Cth). The suggested form of wording is ”section 55 Bankruptcy Act 1966 and the Official Receiver’s acceptance of a Debtor’s Petition on [date]”.

NOTE: The above list is non-exhaustive.

NOTE: Depending on the claim, the Certificate of Appointment of Trustee issued by the Australian Financial Security Authority, a sealed copy of the Court Order (if the application is made pursuant to a Court Order) or any other evidence supporting the applicant’s claim must be annexed to the application.

NOTE: A statutory declaration by the applicant that identifies that the bankrupt is the registered proprietor of the land to which the application relates must be provided (see section 90(2A) Real Property Act 1900).

(H)  The dealing must be executed by the applicant and be witnessed, or it may be executed on their behalf by the following:

 

Attorney and witnessed

Solicitor or Barrister

Authorised officer and witnessed

Licensed conveyancer

Official Trustee in Bankruptcy 
 
Other applicant

      Tick
 
 
      Tick

   Tick
 
 
  Cross

       Tick
 
 
       Tick

      Tick
 
 
      Cross

 


Execution by affixing the seal of the Official Trustee in Bankruptcy must be attested, and the capacity of the person must be stated.

See execution requirements for companies, witnesses etc. pages.

(I) This section is to be completed where the notice of sale data (see NOS form above) has been forwarded to NSW LRS through the eNOS facility.

NOTE: A 'Notice of Severance of Joint Tenancy' form is not required to be sent where a joint tenancy is severed by the application.

All NSW legislation can be accessed at www.legislation.nsw.gov.au/

All Commonwealth legislation can be accessed at www.legislation.gov.au/

Staff processing information

The applicant must claim pursuant to either:

  • a deed of assignment. The date must be stated
  • a resolution of creditors under the Bankruptcy Act 1966. The particular section must be stated
  • an Order made under Part XI Bankruptcy Act 1966. The date of the Order must be stated or
  • a Debtors Petition under section 55 Bankruptcy Act 1966.

If in order proceed with registration.

Refer to LEGAL

i.  If the application is made pursuant to a claim other than one of the abovementioned claims it must be referred to Legal through the Senior Dealing Examiner.
ii. Where a caveat is recorded on title and the caveator is not the Trustee in Bankruptcy.

NOTE: A 'Notice of Severance of Joint Tenancy' form is not required to be sent where a joint tenancy is severed by the application.

Registration procedure

TRANSACTION  RP

CODE (name)  P, C or Q (name of trustee; include all current registered proprietors)

TENANCY  S, J2 etc, T etc.

Affecting a lease

TRANSACTION  UNDR

PRIME CODE  code of lease as shown on the Register

PRIME NO.  number of lease
 
SUB CODE  ULAP

DETAILS  Application. Lessee etc Now (name of trustee and any other current lessees etc)

Affecting a mortgage or charge

TRANSACTION  MOD

PRIME CODE  code of mortgage or charge as shown on the Register

PRIME NO.  number of mortgage or charge

CODE (name)     P, C or Q [name of all current mortgagees/chargees].

DETAILS  (See [dealing numbers of previous notifications that changed mortgagee/chargee] [number of Bankruptcy Application]).


 

Published Date: October 2024