Time periods related to writs

Currency of a writ

A writ is current, i.e. the time during which the Sheriff of the Court of issue can sell the estate or interest to recover the debt, for:

  • 12 months running from the date of issue of the writ or
  • the term specified in the renewal of the writ.

Lodgment of a writ

A writ must be lodged within 12 months of the date of issue the writ or within the term specified in the renewal or extension of the writ.

Dealings lodged and writ noted on the Register

Every dealing lodged during the first 6 months from the recording of the writ (or less if limited by the currency of the writ), except those listed, will be registered if the dealing is made subject to the writ.

Where a dealing, except those listed, is lodged:

  • after the first 6 months from the recording of the writ;
  • during the currency of the writ; and
  • where the writ has not been executed by a sale of the land to which the writ relates, the dealing may be registered and the writ will lapse to the extent of the interest created by the dealing.

Where a dealing, except for a transfer, is lodged following expiry of the writ,provided there is no renewal of the writ, the writ will lapse.

A Cancel Recording Of Writ form 09WW must be lodged by the judgment creditor, the judgment debtor, or the party acquiring the estate or interest to remove the writ.

Where a transfer for valuable consideration disposing of the whole estate or interest in the land affected by the writ (not being a transfer pursuant to a sale under the writ) is lodged after the first 6 months from the recording of the writ, the writ will lapse unless the transfer refers to the writ as if it were a prior encumbrance (see section 105C Real Property Act 1900).

On registration of a transfer that causes the writ to lapse pursuant to section 105C of the Real Property Act 1900, the writ will be removed without the need for lodgment of a Cancel Recording Of Writ form 09WW.

Transfer by the Sheriff pursuant to the writ

A transfer by the Sheriff pursuant to the writ of the estate or interest affected by the writ that is lodged:

  • during the first 6 months from the recording of the writ (or less if limited by the currency of the writ) will be registered regardless of any dealings made subject to the writ. The writ and those dealings made subject to the writ will be removed regardless of their having been registered before the transfer, and without the need for lodgment of a Cancel Recording Of Writ form 09WW;
  • after the first 6 months from the recording of the writ, and during the currency of the writ, will be registered. The writ and those dealings made subject to the writ will be removed regardless of their having been registered before the transfer, and without the need for lodgment of a Cancel Recording Of Writ form 09WW; or
  • after the currency of the writ has expired will be registered providing the transfer is accompanied by a statutory declaration by the Sheriff stating that the estate or interest was sold during the currency of the writ. Registration of the Sheriff's transfer will depend upon the priority of other dealings lodged (the judgment debtor's power of dealing is restored, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [570.550]). The writ and those dealings made subject to the writ will be removed regardless of their having been registered before the transfer, and without the need for lodgment of a Cancel Recording Of Writ form 09WW.

Staff processing information

Where a dealing, except for a transfer that causes the writ to lapse pursuant to section 105C of the Real Property Act 1900, is lodged following expiry of the writ and a Cancel Recording of Writ form 09WW has not been lodged, send a 28 Day Notice Of Intention To Register to the lodging party advising that the writ will remain on the Torrens Title Register.

Partial lapsing of a writ

Upon the registration of a dealing that for valuable consideration disposes of or creates an estate or interest less than the whole estate or interest in land affected by a recording of a writ (for example, a lease, mortgage or charge), the writ lapses in respect of the estate or interest so disposed of or created unless the dealing refers to the writ as if it were a prior encumbrance.

TRANSACTION    UNDR

PRIME CODE    code of writ being partially lapsed as shown on the Register

PRIME NO.    number of writ

SUB CODE    UX

DETAILS    Writ Partially Lapsed To Allow [number of adverse dealing]