ADIS Code - CWO
According to Osborns Concise Law Dictionary:
- a Cause, also known as a legal proceeding or lis pendens, is "an ordinary civil proceeding: an action"
- a Writ is "issued by a Court under its own seal ... commanding a person to whom it is addressed to do or forbear from doing some act" and
- an Order contains "the directions of a Court in a proceeding or matter".
A legal proceeding, writ or Order of Court presented for registration in the Causes, Writs and Orders Register (CWO) must affect Old System land.
A legal proceeding, writ or Order of Court must be registered to be effective, see s188, s189 Conveyancing Act 1919. A purchaser will not be affected by a legal proceeding, writ or Order of Court that was not registered at the time of purchase. A writ or Order of Court must be registered before the related charge can be enforced.
Application form
The office copy of the legal proceeding, writ or Order of Court is required and must be accompanied by an application in the approved form, see Rule 4.2 of the Lodgment Rules. The following wording or words to the same effect may be used for the application.
"Application for Registration of a Writ , Order etc Affecting Land
(s186, s187 Conveyancing Act 1919)
I, [name and address of applicant], apply for registration in the Register of Causes, Writs and Orders of the following [date and nature of the writ, Order of Court or legal proceeding and other particulars], the office copy of which is attached, which I claim affects the land/the title to the land/the user of the land held in the name of [name and address of the proprietor] and described as follows [complete if particulars are available]".
Supporting evidence
For:
- a current legal proceeding, an office copy of the statement of claim
- a writ, an office copy of the writ
- an Order of Court or an Order of the Civil and Administrative Tribunal, an office copy of the Order
must be furnished. The original seal of the Court must be affixed to the office copy. The requirement for evidence is supported by s80(2) Interpretation Act 1987.
Suitable applications
Applications affecting Old System land and relating to the following matters have been and may be registered in the CWO Register.
- a writ or Order affecting land, issued or made by any Court for the purpose of enforcing a judgment, order, statute or recognisance, whether obtained on behalf of the Crown or otherwise. The writ etc ceases to have any effect after 5 years from the date of registration unless renewed
- an Order appointing a receiver or sequestrator. The Order ceases to have any effect after 5 years from the date of registration unless renewed
- a current legal proceeding (lis pendens). The legal proceeding cease to have any effect after 5 years from the date of registration unless renewed
- an Order made by any Court:
- affecting the title to land
- restricting the right of dealing with land
- restricting the user of land or any building thereon or
- creating a charge over the land
- a charge affecting land (not being in respect of a rate or tax) imposed by or under the provisions of an Act of Parliament for securing to any person either:
- the money spent by them (with or without interest)
- the cost, charges and expenses incurred by them under any such Act or
- the monies advanced by them (with or without interest) for repaying the monies spent and the costs, charges and expenses incurred by any other person or the Crown under the authority of an Act of Parliament
- an order, award, determination or notification made under the provisions of any Act of Parliament (State or Commonwealth) by any statutory authority
- restricting the right of dealing with land
- restricting the user of the land or any building thereon or
- prescribing any act to be done there on or in relation thereto
- a notice of intervention by the official assignee of the estate of a bankrupt, see s23 Conveyancing Act 1919
- an Order of Court made pursuant to s153 Conveyancing Act 1919 whereby conditions are imposed on the exercise by an administrator of the power of sale, mortgage or lease
- a vesting Order made pursuant to the Trustee Act 1925
- an Order made pursuant to the provisions of Division 1 Part II Moratorium Act 1932
- an Order made pursuant to s89 Conveyancing Act 1919.
Lodgment requirements
Stamp duty - Required where an Order of Court changes the ownership of the land. If not marked, Registration insisted upon is prohibited.
Registration copy - Either the original application or a registration copy of the application may be lodged. If the registration copy is unacceptable, Registration insisted upon is prohibited.
Statement of Title Particulars form - Required where an Order of Court changes the ownership of the land.
NOS form - Required where an Order of Court changes the ownership of the land.
Index Particulars form (completion)
A) Lodging Party - Must be completed.
(B) Instrument - CWO
(C) Locality - Required in all instances. The situation of the Old System land.
Link Conveyance - For the Old System land affected.
Principal Deed - Not required.
(D) Indexing - All parties to the application.
(E) Certification - Required.
Document requirements
Date: must be dated with the date of execution.
Name: the full names (initials are acceptable) of the judgment debtor/defendant and the judgment creditor/plaintiff are required. Advise the lodging party of any discrepancies in names.
Locality: required. The situation of the Old System land.
Land Description: required. The Old System land 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. The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000. Whole or part must be established.
Execution: by the applicant, e.g. the judgment creditor or plaintiff, or their solicitor. A power of attorney must be registered. The judgment debtor or defendant does not have to sign.
Attestation: not required.
IPF: must be completed.
Staff processing information
CA Required where an Order of Court changes the ownership of the land.
If an Order of Court appears to require further action by NSW LRS, refer to Legal Division through the Senior Examining Officer by hand.
A legal proceeding, writ or Order of Court presented for registration in the CWO must affect Old System land.
If the document does not affect Old System land it may be registered under the General Frame, ie code "G", or if appropriate, the Order of Court Frame, ie code "OC".
The Conveyancing (Amendment) Act 1972 made the CWO Register redundant as far as Torrens Title was concerned (a legal action affecting Real Property Act 1900 land may be registered on the Torrens Title and further searching of the CWO Register is not required). If a document that appears to affect Real Property Act 1900 land is presented for registration in the CWO Register, refer the client to Legal Division.
Registration in the CWO Register cannot be insisted upon. If registration is required after informing the lodging party of any deficiency, the document may be registered under the General Frame, ie code "G", or if appropriate, the Order of Court Frame, ie code "OC". The Noting Panel (C) on the IPF must be amended by the lodging party to state that registration in the General Register and not the CWO Register is required. Enter the Locality and Link Conveyance. Enter the proprietor of the land as a Vendors entry.
Supporting evidence
For other applications sufficient evidence will usually be found in the particulars stated in the application itself. Refer any doubt as to the sufficiency of the supporting evidence to the Senior Examining Officer.
Suitable applications
An application relating to other matters must be referred to the Senior Examining Officer.
Indexing
Locality: required. The situation of the Old System land.
Link Conveyance: required. The last conveyance or acknowledgment prior to Book 4000. Indicate whole "W" or part "P".
Principal Deed: nil.
Noting: if:
- 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:
Order of Court Affecting Land: all parties to the Order, deceased estates or trusts, and any variations thereof.
Other Applications Affecting Land: the defendant/judgment debtor, deceased estates or trusts, and any variations thereof.
P: nil.