On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Annexures

Additional material may be added to a WAL dealing by attaching annexures. These must comply with the following:

Execution

Where there is more than one annexure to the dealing and each annexure is numbered separately, the first and last page of each annexure must be signed by all parties to the dealing (not including their witnesses).

If all pages are numbered sequentially, then the first page of the first annexure and the last page of the last annexure must be signed by all parties.

Where a party is a company the annexure must be signed by those who witnessed the affixing of the company seal or executed the dealing.

The execution of a dealing may be made on an annexure. In that case the page number containing the execution must be referred to in the space provided for execution on the dealing form. See Certificate of correctness

Foreign language

A WAL dealing containing text in a foreign language must be accompanied by a translation. The translation must be signed on each page by the interpreter and be identified as an accurate translation of the document. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [155.150].

Page and clause numbering

The pages of all annexures may must be numbered consecutively, preferably beginning with the WAL dealing as page 1 and including the total number of pages, e.g. 1 of 10, 2 of 10 etc. Evidence, consents, plans etc contained within the annexures must be included in the page numbering.

or

Each annexure to the dealing may be numbered separately. The pages of each annexure must be numbered consecutively including the total number of pages, e.g. 1 of 10, 2 of 10 etc.  Evidence, consents, plans etc contained within each annexure must be included in the page numbering.

The total number of pages in the dealing including all annexures must be marginally noted on the first page of the dealing, eg:” Total pages 100”.

The clauses must be consecutively numbered or lettered.

Paper size and quality

Annexures must be:

  • set out on white A4 size paper. Ordinary copier paper (at least 80 gsm) may be used
  • printed on one side only and
  • have a minimum font size of 10 for any text included.

Reference and superscription

The annexure must be referred to in the body of the WAL dealing. The first page of an annexure must bear a heading identifying it as an annexure and tying it to the particular dealing, e.g. 'Annexure to Transfer dated 1.2.1998 from J. G. Smith to P. P. Jones'.  The reference in the body of the dealing and the superscription must agree.

Any form of barcoding is not permissible on any page of an annexure.