Appointment of receiver by chargee

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.


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.