Writ

Form  09W (PDF 100KB)

Dealing type - W

Legislation - s105 Real Property Act 1900

Stamp duty - not required.

Certificate of Title - not required.

A writ cannot be recorded on the common property folio of a strata scheme (s32(4) Strata Schemes Development Act 2015). 

NOS form - not required.

Standard form of Caveat - does not prevent registration except where item 7 has been selected in Schedule 2 of the caveat. If item 7 has been selected, a requisition will be raised: "caveat noted on the Register".

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

The term "writ" used in this Guideline also includes any renewal or extension of a writ.  Reference to "renewal of a writ" also includes the extension of a writ, unless otherwise stated, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [570.300].

See time periods related to writs information.

A writ issued by a Court does not create an interest in land. 

A writ recorded on the Torrens Title Register:

  • allows the Sheriff of the Court of issue to sell the estate or interest during the currency of the writ; and
  • ensures that the estate or interest affected by the writ cannot be disposed of by the judgment debtor within the initial 6 month period from the date of registration of the writ (or less if limited by the currency of the writ) so as to prevent the sale by the Sheriff. The writ is current for 12 months from the date of issue. 

An application to record a writ must be lodged during the currency of the writ.

A writ will not be recorded where:

  • the judgment debt is less than $10,000;
  • the judgment debtor is not the current registered proprietor;
  • the judgment debt appears to be the same debt secured by a registered mortgage to the judgment creditor, unless a statutory declaration confirming otherwise is furnished, see s102 Conveyancing Act 1919;
  • the land is held in a fiduciary capacity, unless a statutory declaration is furnished stating that the writ is against the judgment debtor in that fiduciary capacity, see s105(3) Real Property Act 1900; or
  • there is a writ or covenant charge for the same judgment debt currently registered on the folio of the Torrens Title Register, unless that writ or covenant charge is removed, see s105(5) and s105D(1)(a) Real Property Act 1900.

A writ will be removed from the Torrens Title Register by the next dealing lodged provided 12 months have elapsed from the expiry of the currency of the writ.

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

(B) The registered number of the lease, mortgage or charge affected by the writ must be stated.  The reference to the title for the land affected by the writ must be stated.

(D) The full name of the judgment debtor must be stated and must be identical to the name of the registered proprietor of the relevant estate or interest as shown on the Torrens Title Register and the name of the judgment debtor as shown on the sealed copy of the writ attached.  A discrepancy in the names may be explained in the statutory declaration set out at Note (H).

The writ can be against less than all of the registered proprietors.  The ACN or ARBN of a company etc is not required.

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

The ACN or ARBN of a company, etc. is required.

The executor or administrator for a deceased judgment creditor may apply: a copy of the probate or letters of administration certified by a solicitor, a licensed conveyancer or a justice of the peace to be a true copy must be furnished.

(F) The Court file or case number of the writ, the date of issue, and the name of the Court must be stated.  The location of the Local Court must be stated.  The details must agree with the details stated in the sealed copy of the writ attached.

 A sealed copy of the writ (in the form of NSW UCPR Form 66), whether an original writ or a renewal of a writ, should be annexed to the Form 09W.

The sealed copy of the writ (annexed to the Form 09W):

  • should consist of 2 pages;
  • should be sealed by the Court of issue;
  • should be signed by the Registrar; and
  • should state the date of issue on the second page or should state the date of issue and the expiry date on the face of the writ.

Where the writ issues by means of the Electronic Case Management system, pursuant to Part 3 of the Uniform Civil Procedure Rules, the writ is taken to have been signed if the Registrar’s name is printed where the signature would otherwise appear.

Note  A copy of the sealed copy of the writ, certified by the Sheriff to be a true copy, is acceptable.

(G) Delete if the writ is against all of the registered proprietors.

(H) The statutory declaration must be made by the applicant, the applicant's attorney, solicitor or barrister, or an authorised officer (the nature of the authority must be disclosed) and must be witnessed by a prescribed functionary.  Where the declaration has been made outside NSW, reference to the Oaths Act 1900 must be deleted, the relevant Act must be inserted and the alteration must be verified.

The statutory declaration must include the verification steps taken to confirm that the judgement debtor and the registered proprietor are the same person, e.g. using the procedure of an examination summons to ascertain the assets of the judgement debtor. An Owner Inquiry search (i.e. searching for a list of title references that match the judgment debtor’s name) will not, of itself, normally suffice for this purpose. The Registrar-General must be satisfied, based on the steps taken by the declarant, that the judgment debtor and the registered proprietor are the same person.

Staff processing information

Warning writs, and their effect on other dealings, can be very complex. Any doubt must be referred to the Manager, Offline Dealings (DRD2) through a Senior Dealing Examiner.

Note:  Since a writ does not bind the estate or interest of the judgment debtor until it is recorded, the judgment creditor or a purchaser from the Sheriff pursuant to the writ could be disadvantaged by undue delay in examination and registration. 

To minimise this risk, all action taken must be urgent and the following practices must be observed: The statutory declaration must include the verification steps taken to confirm that the judgement debtor and the registered proprietor are the same person, e.g. using the procedure of an examination summons to ascertain the assets of the judgement debtor. An Owner Inquiry search (i.e. searching for a list of title references that match the judgment debtor’s name) will not, of itself, normally suffice for this purpose. The Registrar-General must be satisfied, based on the steps taken by the declarant, that the judgment debtor and the registered proprietor are the same person. If the only verification step undertaken is an Owner Inquiry search, the case must be placed in a red packet and taken by hand to Legal and Dispute Resolution.

  • Where the manual folio of the Torrens Title Register is full, the writ must be recorded wherever it can be fitted in. In extreme cases, an extra sheet may be added.
  • Where a new manual folio of the Torrens Title Register is in the process of being created, refer the case to DRD2.
  • Where, at the time of lodgment of the writ, an unregistered dealing is noted on the Torrens Title Register, refer the case to DRD2.
  • Where an unregistered plan is noted on the Torrens Title Register, the case must be initially referred to the Senior Dealing Examiner SM1 to establish the status of the plan before referring the case to DRD2.

In all of the above cases where the writ is referred for further investigation, the case must be placed in a red packet and taken by hand to the relevant business unit. The case location must be updated in ITS.

If in order, proceed with registration except for the following situations..

Refer to Manager, Offline Dealings DRD2 through a Senior Dealing Examiner

where:

Refer to Senior Dealing Examiner, Special Dealings DRD2

  • where the writ must be referred to the Off-line Dealings area.

Refer to the Senior Dealing Examiner, Folio Management SM1

  • where an unregistered plan is noted on the Register. (For SM1: establish the status of the plan and refer the writ to DRD2).

Refer to Legal and Dispute Resolution through a Senior Dealing Examiner

where: 

  • a writ is issued by the High Court, a Federal Court or the Land and Environment Court;
  • the only verification step undertaken is an Owner Inquiry; or 
  • the nature of the authority of the authorised officer making the statutory declaration in marginal note (H) has not been stated.

Registration procedure

Writ

PRIME CODE    W

DETAILS    eg By [name of judgment creditor] Affecting The Interest/ Share Of [name of judgment debtor] Writ/Court File/Case No. ... Issued ...1.

Writ affecting a lease, mortgage or charge

PRIME CODE    click Cancel

TRANSACTION    UNDR

PRIME CODE    code of lease etc as shown on the Register

PRIME NO.    number of lease etc

SUB CODE

ULW (lease)

UMW (mortgage)

UCW (charge)

DETAILS (writ)    eg [name of judgment creditor] Affecting The Interest/ Share Of [name of judgment debtor] Writ/Court File/Case No. ... Issued ...1.

1    ensure the correct date of issue is entered. Refer any doubt to a Senior Dealing Examiner.