Discharge of Charge or Discharge of Covenant Charge

Form 06DC (PDF 150 KB)

Dealing type - DC

Stamp duty - not required

Certificate of Title - required

NOS form - not required

Standard form of Caveat - does not prevent registration.

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

The discharge may only affect the interest or share of a charger and/or chargee, or part of the land.

An extra fee is payable where more than one charge by the same chargee is being discharged on the one form.

No extra fee is payable where separate Discharge of Charge forms affecting the same charge and executed by individual chargees are lodged together. The separate documents will be treated as a single dealing. The additional Discharge of Charge forms are attached to the initial dealing and are treated as an annexure for execution purposes.

For a satisfaction of a charge, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [65.100].

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

(C) The registered number of the charge being discharged must be stated.

(D) The full name of the chargee must be stated and must be identical to the name of the chargee as shown on the Register.

A change of name of the chargee must be supported by the appropriate evidence. A Record New Registered Proprietor form 04RP pursuant to s46C Real Property Act 1900 must be lodged to record the friendly society on the Register or a certificate evidencing the vesting of the chargees (trustees) in the incorporated friendly society must be furnished (the name will not be changed on the Register) before the charge can be discharged.

Where a chargee has died a Notice Of Death form 02ND or a Transmission Application form 03AD or 03AE, as is appropriate, must be lodged before the charge can be discharged.

(E) If the charge is to be partially discharged, the full name of the affected charger must be stated and must be identical to the name as shown on the Register.

(F) Additional information may be added.

(G) The dealing must be executed by the chargee and be witnessed, or be executed on the chargee's behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Chargee1 Tick Cross Tick Cross

1    A charge may be discharged by persons other than the chargee in the following instances:

  • upon certification by an officer of the Court pursuant to s98 Conveyancing Act 1919
  • upon lodgment of a vesting Order pursuant to s74 Trustee Act 1925 (infant or mentally incapable chargee) or s75 Trustee Act 1925 (deceased chargee) or
  • upon lodgment of a discharge executed by the Australian Securities and Investment Commission (ASIC) pursuant to s601AF Corporations Act 2001 (Commonwealth) in relation to deregistered companies.

See execution requirements for companies, witnesses etc. pages

Staff processing information

If in order proceed with registration except for the following.

Refer to SM99

Where the charge being discharged includes an easement.

Registration procedure

NOTFN BRT FORWARD  select charge to be removed

NOTFN TB REMOVED  click arrow button to remove selected notification.

Where the charge is coded AA etc

PRIME CODE  code of charge being discharged as shown on the Register

PRIME NO  number of charge.

Note

  • the Prime Code number of an Old System charge must be entered as shown on the Register but without a space between the BK and NO, e.g. BK5849 NO143 is entered as BK5849NO143.
  • an early 6 digit dealing number that does not have an alpha prefix must be preceded by an equals sign = e.g. 321456 is entered as =321456.

Discharge of the share/interest of a charger or chargee

TRANSACTION click  Cancel and select UNDR

PRIME CODE  code of charge as shown on the Register

PRIME NO  number of charge

SUB CODE  UA

DETAILS  Discharged As Regards The Share/Interest Of [name of charger/chargee].