Order of Court or injunction

Request form 11R (PDF 150 KB)

Dealing type - R

(A) Stamp duty - required for an Order that changes ownership in the First Schedule.

Not required for:

  • an Order that changes ownership of a statutory authority in the First Schedule or
  • an injunction.

Certificate of Title - required for an Order that affects the First Schedule.

Not required for:

  • an injunction or
  • the servient tenement where an easement is created pursuant to s88K Conveyancing Act 1919.

NOS form - required for:

  • a change of the First Schedule or
  • a change of the lessee of a Crown land tenure Lease or Crown land Real Property Act lease.

Panels 1, 2, 3 and 5 require completion.

Not required for:

  • an injunction or
  • a time-share title.

Standard form of Caveat - does not prevent registration.

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

An Order of Court or injunction must be attached to a Request form 11R and the usual lodgment fee is payable.

Also see:

(B) The reference to title for the land affected by the request must be stated.

(C) The registered number of the interest affected by the Order of Court or injunction must be stated. The reference to title for the land affected by the request must be stated.

(E) The full name of the applicant must be stated.

(F) A short description of the nature of the request must be stated.

(G) Full details of the request must be stated.

The name of the Court issuing the Order of Court or injunction, the Court file number, and the date of the Order of Court or injunction must be stated.

An office copy of the Order of Court or injunction must be annexed to the dealing.

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

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Applicant Tick Tick Tick Tick

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.

See Greg Stilianou, Land Titling Law and Practice in NSW, Lawbook Co. 2013 [12.100] – [12.150].

Also see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [395.100].

Staff processing information

Warning the dealing must not be rejected at lodgment without referral to the Senior Examining Officer.

The Request together with the Order must be placed in a red packet and referred to Legal Services by hand. The case location must be updated in ITS.

Where the Order is served without a Request form, a Request form 11R will be completed by the Examining Officer and accepted for lodgment.

If the fee is not paid, a minute paper setting out the situation and a copy of the Request and Order must be forwarded to DRD2 for further referral to Finance Branch.

Note 1  A Notice of Severance of Joint Tenancy form is not required where a joint tenancy is severed by the order of court.

Note 2  A charging order or an injunction under section 126, 127 or 128 Civil Procedure Act 2005 will not be recorded on title as it relates to an equitable interest in the land whereas the registered proprietor holds a legal interest. If the lodgment is insisted on, the case will be submitted to Legal Services where it will normally be the subject of a requisition to the effect that the Request should be withdrawn or it will be rejected.

Registration procedure

Proceed with registration as directed. Note  An injunction will be recorded and treated in the same manner as an Order of Court.

To record the Order of Court or injunction

TRANSACTION    ON

PRIME CODE    OC.