Withdrawal of caveat

Form  W-08WX (PDF 54.2 KB)

Dealing type - WX

Legislation - Schedule 1A Part 2 Clause 5 Water Management Act 2000 

Stamp duty - Not required.

WAL Certificate - Not required.

Caveat noted on the WAL Folio - Does not prevent

 An extra lodgment fee is payable for each additional caveat where more than one caveat by the same caveator is being withdrawn on the one form.   

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

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

(G) The registered number of the term transfer, mortgage or charge affected by the subject caveat must be stated.

(H) The registered number of the caveat being withdrawn must be stated.

(I) The full name of the caveator must be stated and must be identical to the name as shown on the WAL folio. In the case of a corporation, include the ACN, ABN or ARBN. A caveat may be withdrawn as regards fewer than all of the caveators or registered holders, term transferees, mortgagees or chargees of the WAL or interest affected.

(J) The term that does not apply must be deleted and verified. The withdrawal must be absolute. Any qualifications or contingencies are not acceptable.

The request must be executed by the caveator and be witnessed, or be executed on their behalf by the following:

  • attorney and witnessed;
  • authorised officer and witnessed; or
  • solicitor or barrister.

Note  A licensed conveyancer cannot execute on behalf of the caveator.

See execution requirements for companies, witnesses etc pages. Note  Requirements are the same as for Real Property Act dealings except where otherwise stated.

A caveat may be withdrawn by persons other than all of the caveators as named in the caveat in the following instances:

  • by a surviving caveator where the caveators' interest claimed was held as joint tenants. Evidence of the death of the caveator is required. The joint tenancy of the interest claimed must be established, e.g. by production of the contract or other instrument upon which the claim is based
  • by an executor, administrator or trustee of a deceased caveator where the probate etc is furnished
  • by the Official Trustee in Bankruptcy or trustees in whom the WAL or interest claimed has vested pursuant to the Bankruptcy Act 1966
  • by the Australian Securities and Investment Commission (ASIC) pursuant to s601AF Corporations Act 2001 (Commonwealth) where a company is deregistered
  • on lodgment of a vesting Order pursuant to s74 Trustee Act 1925 (infant or mentally incapable caveator) or s75 Trustee Act 1925 (deceased caveator) or
  • where a change of name of the caveator is supported by a statutory declaration.

Private lodging party

A private lodging party, i.e. a lodging party other than a financial institution, law stationer, licensed conveyancer or solicitor, who does not have an NSW LRS document collection box, must provide photo identification in the form of a current Australian driver licence, RMS photo card or current Australian passport. 

Staff processing information

Refer to SD31.

SD6 - Note  Where a Withdrawal of Caveat form W-08WX is lodged before the completion of action for a service of notice on the caveator, refer the case to the Senior Examining Officer after connection for further action.

Registration procedure - SD6

Withdrawal of caveat

NOTFN BRT FORWARD    select caveat to be removed

NOTFN TB REMOVED    click arrow button to remove selected notification.

Withdrawal of a caveat affecting a term transfer, mortgage or charge

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

PRIME NO.    number of term transfer, mortgage or charge

SUB CODE    code of caveat as shown on the WAL folio

SUB NO.    number of caveat.