ADIS Code - G
A chargee may, pursuant to an express power in the charge, and following default by the charger, appoint a receiver to manage or sell the land affected by the charge. See s115 Conveyancing Act 1919.
See appointment of a receiver by a mortgagee page.
The original charge is not required.
Lodgment requirements
Stamp duty - Required if dated before 1.7.1998. If not marked, Registration insisted upon is prohibited. Not required if dated on or after 1.7.1998.
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 - General Registe - Deed / Instrument
(C) Locality - Not required.
Link Conveyance - Not required.
Principal Deed - The affected charge if registered in the General Register.
(D) Indexing - The chargor and the chargee.
(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 charger and the chargee are required. Advise the lodging party of any discrepancies in names.
Operative clause: "... hereby appoints ...".
Execution: by all of the chargees stated in the appointment. A power of attorney must be registered if Old System land is affected. The charger or receiver 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
CA Not required.
A Noting is required to describe the deed, see Indexing below.
Indexing
Locality: nil.
Link Conveyance: nil.
Principal Deed: if registered in the General Register, the affected charge. Appointments may be registered with ASIC.
Noting: "Appointment of receiver by chargee".
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 charger, including any trusts or deceased estates, and the chargee. Any variations of names must be entered.
P: nil.