Caveat

Form  W-08X (PDF 294.4 KB)

Dealing type -  X

Legislation - s71E Water Management Act 2000

Stamp duty

Required

Only where the caveat is dated before 1/7/2016 and the interest claimed is pursuant to an unregistered mortgage, loan agreement, or deed of charge (a deed of charge is an interest that could be registered by lodging a Charge form W-06C). 

Not required

Where the caveat is dated on or after 1/7/2016, or

Where there is a claim in the caveat involving bail that includes a reference to an unregistered mortgage or charge, or

A caveat by State Debt Recovery pursuant to a charge.  

WAL Certificate - Not required.

A caveat is effective from the time of lodgment.

Caveat noted on the WAL Folio - Does not prevent.

(F) The number of the WAL affected by the caveat must be stated.

If the caveat affects less than the whole of the WAL, the description of the part must be fully described and be consistent with the claim set out at Note (M).

(G) The tenure type of the WAL must be stated and agree with the tenure type shown on the WAL folio, ie Continuing, Specific Purpose or Supplementary.

(H) The full name of the registered holder, term transferee, mortgagee or chargee affected by the caveat must be stated and be identical to the name as shown on the WAL folio.

A caveat may be lodged against less than all of the registered holders, term transferees, mortgagees or chargees.  The caveat will be recorded against all of the registered parties shown at Note (H).

A discrepancy in the name of the registered party may be explained in the caveat, eg 'formerly known as ...', or by evidence furnished with the caveat.  A Change of Name form W-10CN is not required.

The postal address or DX address of the registered party must be stated.  A Post Office box number is acceptable.  Addresses for buildings in major cities should refer to a suite and floor number.  The ACN or ARBN of a company etc is not required.

(I) The full name and address of the caveator must be stated.  The ACN or ARBN of a company etc must be stated.

A caveat may be lodged by any person who is an affected person as defined in s71E(3) Water Management Act 2000.

(J) A NSW postal address for service of notices by NSW LRS on the caveator must be stated.  A Post Office box number is not acceptable.

(K) The Item number that corresponds with the action intended to be prohibited by the caveat as set out in Schedule 2 must be stated. Only one item can be selected.

(L) Reference to a Minister means the Minister administering the Water Management Act 2000.

(M) The caveator must be an affected person in the terms of s71E(3) Water Management Act 2000 who is either:

  •  the holder or a co-holder of the licence or holding
  •  a holder of a security interest over the licence or holding (whether or not registered)
  •  a party to a dealing, or prospective dealing, in the licence or holding
  •  a person entitled, or claiming to be entitled, to be registered as a holder or co-holder of the licence or holding by devolution as referred to in s72 Water Management Act 2000.

The nature of the interest claimed by the caveator and the instrument and/or facts on which the caveat is based must be fully, clearly, accurately and unambiguously described.

Note  The caveator must have an interest in the licence specified in the caveat capable of being registered. If the caveator is not an affected person and does not have such an interest, the caveat will be invalid. When citing an instrument, specify the type, date and the parties.

(N) Item 1: may not be amended
      Item 2: select applicable dealings as required. If it is intended to allow further dealing(s) not listed, they may be specified in the space provided.

Note The caveator may prohibit only those dealings which the nature of the claim justifies.
A caveat cannot prevent the recording of any Ministerial action, devolution, assignment dealing or dealing in default – see s71(2) Water Management Act 2000.

(O) The statutory declaration must be made by:

  • the sole caveator
  • at least one of the caveators where there is more than one caveator
  • the caveator's attorney, solicitor or barrister
  • an authorised officer (the nature of the authority must be disclosed) or
  • a Law Stationer or nominated employee as agent for the caveator.  The full name and address of the declarant must be stated. The caveat must be accompanied by a letter from the caveator or the caveator's solicitor authorising the Law Stationer or nominated employee to execute the caveat as agent. The caveator's solicitor must state in the letter that he/she is the solicitor for the caveator, is aware of the caveator's claim, and that the Law Stationer or nominated employee is instructed to execute the caveat as agent.

The statutory declaration must be witnessed by an authorised person. 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 verified.

Staff processing information

The following matters may be grounds for rejection at lodgment:

  • where the claim is made pursuant to an unregistered mortgage, charge or loan agreement affecting a 'specific purpose' tenure
  • the caveat has not been marked by Revenue NSW where required
  • Note (F): the reference number of the WAL is not supplied or is incorrect
  • Note (H): the name of the registered holder has been omitted
  • Note (J): the address for service of notices on the caveator is not stated, is not within NSW, or is a Post Office Box
  • Note (K):Item number has not been stated. Only one Item can be selected
  • Note (M): no claim or nature of instrument has been stated
  • Note (O): the statutory declaration has not been signed by the caveator etc, or witnessed by an authorised person.

In all other instances, if the caveat is not in order it must be accepted for lodgment and a requisition must be raised as an e-minute but not sent.

Refer to SD31

SD6 - Refer to DRD2

A caveat:

  • containing unusual qualifications to the prohibition clauses in Schedule 2.
  • where priority between unregistered WAL dealings must be established.

SD6 - Refer to Legal

A caveat where the claim or interest in Schedule 1 of the caveat is questionable.

Registration procedure - SD6

Caveat affecting the registered holder

PRIME CODE

X

XA  (GE Personal Finance Pty Ltd)

XH  (Home Purchase Assistance Authority)

XS  (State Bank of NSW Limited)

XQ  (Her Majesty Queen Elizabeth The Second)

CODE (name)    P, C or Q  where Prime Code 'X' is selected [name of caveator (not required for XA, XH, XS or XQ code)].

Affecting the share or interest of a registered holder

DETAILS    [name of caveator] As Regards The Share/Interest Of [name of party affected].

Caveat affecting a term transfer, mortgage or charge

TRANSACTION    click 'Cancel' and select 'UNDR'

PRIME CODE    code of term transfer, mortgage or charge affected as shown on the WAL folio

PRIME NO.     number of term transfer, mortgage or charge

SUB CODE

UTX  (term transfer)

UMX  (mortgage)

UCX  (charge)

CODE (name)    P, C or Q  [name of caveator]

DETAILS    as required.