ADIS Code - I
An indemnity is an undertaking to compensate for any loss, damage or expense, usually related to an agreement or contract.
The indemnifier is the party required to compensate for any loss etc.
The indemnifiee is the party receiving compensation for any loss etc.
If the indemnity affects a previous registered document, that document is not required.
Lodgment requirements
Stamp duty - Not required.
Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.
Statement of Title Particulars form - Not required.
NOS form - No trequired.
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - Indemnity
(C) Locality - The situation of the land if affected.
Link Conveyance - For the Old System land if affected.
Principal Deed - The affected document if registered.
(D) Indexing - The indemnifier.
(E) Certification - Required.
Document requirements
Date: must be dated with the date of execution. If not dated advise the lodging party. If a date is not furnished, indicate Registration insisted upon and include the reason.
Name: the full names (initials are acceptable) of the parties involved are required. Advise the lodging party of any discrepancies in names.
Operative clause: "... hereby indemnifies ...".
Locality: required if land is affected. The situation of the land.
Land Description: required if land is affected. Determine if the affected land is Old System or other (see IPF). Where Old System land is affected it must be described by reference to:
- a metes and bounds description
- another registered instrument
- a plan attached
- a Government Gazette notice or
- a lot or parcel in a subdivision.
Link Conveyance: required if Old System land is affected. The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000. Whole or part must be established.
Principal Deed: if registered, the number of the affected document as stated in the indemnity must be identical to the number stated on the IPF.
Execution: by the indemnifier. A power of attorney must be registered if Old System land is affected. The imdemnifiee does not have to sign.
Attestation: required. Must be witnessed by a person of 18 years of age or older who is not a party to the document.
IPF: must be completed correctly.
Staff processing information
Noting Required where the indemnity affects part of the land, an interest/share, includes a plan, or Torrens Title land.
CA Not required.
Indexing
Locality: required if land is affected. The situation of the land.
Link Conveyance: required if Old System land is affected. The last conveyance or acknowledgment prior to Book 4000. Indicate whole "W" or part "P".
Principal Deed: if registered, the affected document.
Noting: "Affecting [land description/RPA land]".
If there is no Principal Deed, state "... affecting unregistered [description of document] dated ...".
If Old System land is affected and:
- an interest, state: "interest in" (or Noting Code: "I")
- a share, state: "[fraction] share"
- part of the land, state: "[affected land description]"
- the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").
V: the indemnifier, deceased estates or trusts, and any variations thereof.
P: nil.