Charge pursuant to s139ZN or s139ZR Bankruptcy Act 1966

A charge in favour of the Official Receiver:

  • requiring a person to make a payment towards the discharge of the bankrupts liability (s139ZN Bankruptcy Act 1966 (Commonwealth)); or
  • in order to recover assets disposed of by the bankrupt in order to avoid creditors (s139ZR Bankruptcy Act 1966),

may be registered by the Official Receiver, the Official Trustee or a trustee in bankruptcy lodging a Request form 11R (PDF 150 KB) accompanied by a certificate by the Official Receiver stating the particular legislation that applies. The request does not require marking by Revenue NSW and the certificate of title is not required.

See Greg Stilianou, Land Titling Law and Practice in NSW, Lawbook Co. 2013 re:

  • recovery of monies from third parties: section 139 charges [7.190]
  • recovery of monies from person other than the bankrupt: section 139ZN charges [7.200]
  • collection of property from person other than the bankrupt: section 139ZR charges [7.210]

Also see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [35.100].

A charge under s139ZN or s139ZR Bankruptcy Act 1966 may be cancelled by lodgment of a Request form 11R. The request must be executed by:

  • the Official Receiver, the Official Trustee or a trustee in bankruptcy or
  • the registered proprietor accompanied by an Order of Court setting aside the notice of charge.

The request does not require marking by Revenue NSW and the certificate of title is not required. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [35.100].

Staff processing information

Refer all cases to Legal through the Senior Examining Officer.

Registration Procedure

On direction from Legal that charge can be registered.

PRIME CODE    CH

DETAILS         [Act pursuant to which the charge was created]