Mutual agreement

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.


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