ADIS Code - MA
A mutual agreement is a binding contract between two or more parties and can cover any contingency. The difference between a mutual agreement and a settlement not creating a trust, is determined by the operative words, ie "mutually agrees" or "settles".
Lodgment requirements
Stamp duty - Required if land is affected. If unclear must be marked, Registration insisted upon is prohibited. Not required if land is not affect.
Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.
Statement of Title Particulars form - Not required.
NOS form - Not required.
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - Mutual Agreement
(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 parties involved.
(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 agree/mutually agree ...".
Locality: required if land is affected. The situation of the land.
Land Description: required. 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 mutual agreement must be identical to the number stated on the IPF.
Execution: by all the parties involved. A power of attorney must be registered if land or shares are involved.
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.
Staff processing information
Noting Required where the mutual agreement 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: required if a registered document is affected
Noting: 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 parties involved, deceased estates or trusts, and any variations thereof.
P: nil