Charge pursuant to s189AB Bankruptcy Act 1966

Pursuant to s189AB Bankruptcy Act 1966 (Commowealth) a charge in favour of a controlling trustee (see Greg Stilianou, Land Titling Law and Practice in NSW, Lawbook Co. 2013 [7.150] and Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [30.900]) securing certain debts of the debtor may be registered by lodgment of a Request form 11R (PDF 150 KB) signed by the controlling trustee. 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 [7.160] and Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [35.150].

A charge under s189AB Bankruptcy Act 1966 may be cancelled by lodgment of a Request form 11R. The request must be executed by:

  • the controlling trustee, Official Receiver, the Official Trustee or a trustee in bankruptcy indicating that the control of the debtors property has ceased; or
  • the registered proprietor accompanied by an Order of Court releasing the property from control.

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 [7.170] and Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [35.150].

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]