Request to record action: Order of court, injunction

Request form W-11R (PDF 324 KB)

Dealing type - R  

(A) Stamp duty -  Only required where request is dated before 1/7/2016 for an Order of Court that changes the registered holder or term transferee of the WAL, except to a statutory authority. The number of WAL references indicated as marked by Revenue NSW must agree with Note (F).

Not required for an injunction.

WAL Certificate - Only required for an Order of Court that changes the registered holder.

Not required for an Order of Court that changes the term transferee.

Not required for an injunction.

Additional Information to be Provided 1 page to be completed in the case of a an Order of Court that changes the registered holder or the term transferee of the WAL. Not required in the case of an injunction. (See below).

Caveat noted on the WAL Folio - If specifically prohibited, refer to the Senior Examining Officer for service of notice on the caveator.

Warning

The request must not be rejected at lodgment without referral to the Senior Examining Officer.

An Order of Court or injunction must be attached to a Request To Record Action form W-11R and the usual lodgment fee is payable.

Note  Reference to trusts, or to the capacity of trustees, executors or administrators is not acceptable on a request, except for private water trusts, and will not be shown on the WAL title, except where directed by a Court.

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

(G) 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.

(H) The registered number of the term transfer, mortgage or charge affected by the Order of Court or injunction must be stated.

(I) The full name of the applicant must be stated.

(J) The nature of the request must be stated.

(K) The relevant legislation must be stated, if appropriate.

(L) The details of the request must include:

  • the name of the Court issuing the Order or injunction
  • the Court file number and
  • the date of the Order of Court or injunction.

An office copy of the Order of Court or injunction must be annexed to the request.

(L) The request must be executed by the applicant 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 applicant.

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

Additional Information to be Provided

Separate details must be provided for each licence affected by the order.

If the address details are the same for each licence, the first panel only must be completed and 'as above' entered in the following panels.

A contact licence holder must be nominated for each licence. A contact licence holder is the licence holder to whom notices and other correspondence will be sent and who will receive invoices relating to the fees and water charges associated with the licence. Where there are multiple licence holders, one only must be nominated. Where the contact licence holder is a corporation its ABN, ACN or ARBN must be provided. The contact licence holder's daytime telephone number during must be provided. It will be used by the licence regulator or water delivery authority to seek any necessary clarification of information relating to the licence.

The form must be signed by or on behalf of the applicant(s) as on the request form itself. The signature(s) need not be witnessed.

If the space provided is insufficient additional sheets should be attached in the same format as this sheet.

Staff processing information

If the Order of Court or injunction is served without a Request form, a Request To Record Action form W-11R will be completed by the Examining Officer and accepted for lodgment. If the fee is not paid, a minute paper setting out the situation and a copy of the WAL dealing must be forwarded to the Team Leader, Examination Branch REG3, for further referral to Finance Branch.

For:

Refer to SD6 by hand.

SD6 - Place the case in a red packet.  The request must be forwarded by hand to the Senior Examining Officer for urgent referral to Legal Division.  The case location must be updated in ITS.

SD6 - Registration procedure

Proceed with registration as directed.

Processing Additional Information to be Provided form

If required (see above1) :

CODE        WADDR

DETAILS    [Contact licence holders details for each WAL as shown on Additional information to be provided sheet.]