ADIS Code - CCC
A conveyance of Old System land by a Local Council pursuant to s713 Local Government Act 1993 for unpaid rates.
The information contained hereunder relates to a current conveyance where a Qualified Title has not been issued. A form of conveyance is set out in Schedule 2 Conveyancing Act 1919. The name of the last registered owner must be stated.
Stamp duty - Required. Marking as regards Vendors Duty is also required. If not marked, Registration insisted upon is prohibited.
Any alteration to the consideration, tenancy, interest/share, or change to the names of the parties must be marked. A minor change in spelling that does not alter the identity of a party may be ignored. The addition of a name must be marked.
Not required where the tenancy only is changed.
Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.
Statement of Title Particulars form - Required.
NOS form - Required.
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - Conveyance - Council under s713 (By)
(C) Locality - Required. The situation of the Old System land.
Link Conveyance - For the Old System land affected.
Principal Deed - Required. The last registered conveyance or acknowledgment that evidences ownership.
(D) Indexing - The Local Council and the purchaser.
(E) Certification - Required.
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 Local Council, the last registered proprietor and the purchaser are required. Advise the lodging party of any discrepancies in names.
Tenancy: the tenancy/shares must be identical to that stated on the STP form. If tenancy is not stated for more than one purchaser, tenants in common is assumed.
Operative clause: "... hereby convey/convey to ...".
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 Local Council. A power of attorney must be registered. The current proprietor or the purchaser 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.
Staff processing information
A conveyance pursuant to s713 Local Government Act 1993 affecting a Crown Grant must be entered under the General Frame, ie code "G", with a Noting: "Conveyance pursuant to s713 LGA affecting [Crown grant details]". Enter the Crown Grant as a Principal Deed.
The Crown Grant must be marked off. Advise the Senior Examining Officer of the relevant details. If the Link Conveyance is above Book 4000 or a previous CA has been raised, ensure a Qualified Title has not issued. If issued.
If the conveyance by a Local Council for unpaid rates includes a covenant to produce enter a Noting: "With a covenant to produce".
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: required. The last registered conveyance or acknowledgment that evidences ownership.
- 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 vendor, ie the company in liquidation, deceased estates or trusts, and any variations thereof. Also the last registered owner where they are not identical to the vendor. The liquidator does not get an index entry.
P: the purchaser, deceased estates or trusts, and any variations thereof.