Unregistered dealing and incoming writ

Where an unregistered dealing which will remove the judgment debtor from the title is noted on the Register but is not in registrable form:

  • the writ will be recorded; and
  • a Registrar General's caveat will be recorded (no fee payable) after the writ forbidding registration of any transfer pursuant to the writ until:
    • it is established that ownership is not changed by the prior dealing or
    • the prior dealing is withdrawn from registration.

The lodging party of the prior dealing will be informed that:

  • the writ has been recorded
  • the writ will not prevent registration of the dealing when in order
  • the dealing should not be made subject to the writ and
  • the writ will be cancelled on registration of the dealing if it removes the judgment debtor from the title.

The writ and the Registrar General's caveat will be cancelled if the judgment debtor is removed from the title.

If the prior dealing is withdrawn or rejected the Registrar General's caveat will be removed and the writ will remain on the Torrens Title Register.

Where an unregistered dealing in registrable form that will not remove the judgment debtor from the title is noted on the Torrens Title Register:

  • the writ will be recorded and
  • the lodging party of the prior dealing will be informed that:
    • the writ has been recorded
    • the writ will not prevent registration of the dealing when in order and
    • the dealing should not be made subject to the writ.

Where an unregistered dealing not in registrable form that will not remove the judgment debtor from the title is noted on the Torrens Title Register:

  • the writ will be recorded and
  • the lodging party of the prior dealing will be informed if the writ prevents registration.

A transfer pursuant to the writ may be registered following registration of a dealing that will not remove the judgment debtor from the title, providing that the transfer is made subject to that dealing.

Staff processing information

Refer all instances to DRD2.

All actions are to be taken by DRD2