Application to Record Writ
This page aims to help you complete an electronic Application to Record Writ dealing form. This form is used to record a writ on a folio of the Register as well as a renewal of an issued writ on a folio of the Register.
A writ allows the Office of the Sheriff of NSW to sell the estate during the currency of the writ. The term 'writ' used in this Guideline also includes any renewal or extension of a writ. Reference to 'renewal of a writ' also includes the extension of a writ, unless otherwise stated.
An application to record a writ must be lodged during the currency of the writ. A writ recorded on the Register ensures the estate affected by the writ cannot be disposed of by the judgment debtor within the initial 6 month period from the date of registration of the writ (or less if limited by the currency of the writ).
A writ will be removed from the Torrens Title Register by the next dealing lodged provided 12 months have elapsed from the expiry of the currency of the writ (i.e. two years from the date of issue of the writ). See time periods related to writs for more information.
When lodging an Application to Record a Writ, the application must be accompanied by a statutory declaration confirming that the judgment debtor is identical to the registered proprietor of the relevant folio of the Register and outline the steps to verify that this is the case. This is to ensure that the writ is recorded correctly on the title of the property belonging to the judgment debtor and not any other individual with the same name. For more information, go to the heading 'Attachment Type – Supporting Evidence' below.
NOTE: A writ issued by a Court does not create an interest in land: see section 105(1) Real Property Act 1900. A writ cannot be recorded on the common property folio of a strata scheme (section 32(4) Strata Schemes Development Act 2015 ).
A writ will not be recorded where:
- the judgment debt is less than $20,000
- the judgment debtor is not the current registered proprietor
- the judgment debt appears to be the same debt secured by a registered mortgage to the judgment creditor, unless a statutory declaration proves otherwise, see section 102 Conveyancing Act 1919
- the land is held in a fiduciary capacity, unless a statutory declaration proves that the writ is against the judgment debtor in that fiduciary capacity, see section 105(3) Real Property Act 1900 or
- there is a writ or covenant charge for the same judgment debt currently registered on the folio of the Torrens Title Register, unless that writ or covenant charge is removed, see section 105(5) and section 105D(1)(a) Real Property Act 1900. For more information see Cancel Recording of Writ page.
NOTE: Where a writ is affecting a registered interest, the Application to Record Writ dealing form must be lodged as a Dealing with Exception.
NOTE: The judgment creditor must be represented in the workspace for this dealing form.
Subscriber requirements
Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:
- verify their Client’s identity
- establish their Client’s right to deal with the land
- have a properly completed and executed Client Authorisation form and
- retain evidence that supports the dealing (see Supporting Evidence below).
The Subscriber must also certify that they have taken reasonable steps to ensure that the instrument is correct and compliant with relevant law and any Prescribed Requirement.
For more information on these requirements see:
Residual Documents
Guide to complete
Legislation – section 105 Real Property Act 1900.
Stamp Duty – not required.
Notice of Sale – not required.
Standard Form of Caveat – a caveat noted on the Register will prevent the recording of an Application to Record Writ only where Item 7 has been selected in ‘Schedule 2 Action prohibited by this caveat’ of the caveat.
Priority Notice Noted on the Register - see Priority Notice page for more information.
The following headings refer to the data fields which must be completed in order to lodge an electronic Application to Record Writ dealing form.
Land Title
Enter the land title reference(s) for the land affected by the writ.
Participant Details
Party Details – Party Name
Enter the details of the judgment creditor.
Document
Create Document – Select Other Documents.
Select Application to Record Writ.
Registered Proprietor (Judgment Debtor)
Select the registered proprietor being the judgment debtor. The name of the registered proprietor must be identical to the name of the judgment debtor as shown on the sealed copy of the writ. A discrepancy in the name must be explained in a statutory declaration and attached.
Judgment Creditor
Select the judgment creditor.
The executor or administrator for a deceased judgment creditor may apply. If this is the case, then a copy of the probate or letters of administration must be attached.
Date of Writ Issue
Enter the date of issue of the writ.
Writ Number
Enter the court file or case number of the writ.
Name of Court
Enter the name of the court.
Location of Court
Enter the location of the court.
All Registered Proprietors Affected? (Yes or No)
Enter either yes or no.
Attachment
Attachment Type – Statutory Declaration
The statutory declaration must be made by the applicant, the applicant's attorney, solicitor or barrister or an authorised officer (the nature of the authority must be disclosed) and must be witnessed by a qualified witness.
The statutory declaration must include the verification steps taken to confirm that the judgment debtor and the registered proprietor are the same person, e.g. using the procedure of an examination summons to ascertain the assets of the judgment debtor. The steps taken to verify that the judgment debtor and registered proprietor are one and the same must be set out in detail in the statutory declaration.
Merely undertaking an owner inquiry search (i.e. searching for a list of title references that match the judgment debtor’s name) will not suffice for this purpose. The Registrar General must be satisfied, based on the steps taken by the declarant, that the judgment debtor and the registered proprietor are one and the same person.
Where there is a discrepancy in the name of the registered proprietor and the judgment debtor on the sealed copy of the writ, a statutory declaration must be attached.
General statutory declaration requirements can be found here.
Attachment Type – Supporting Evidence
A sealed copy of the writ (in the form of NSW UCPR Form 66), whether an original writ or a renewal of a writ must be attached. The sealed copy of the writ should:
- consist of 2 pages
- be sealed by the Court of issue
- be signed by the Registrar and
- state the date of issue on the second page.
For renewal of writs, NSW LRS will also accept the original/expired writ endorsed by the Registrar of the relevant Court as an interim measure until a new UCPR form is introduced for the renewal of writs.
Where the writ is issued by means of the Electronic Case Management system, pursuant to Part 3 of the Uniform Civil Procedure Rules, the writ is taken to have been signed if the Registrar’s name is printed where the signature would otherwise appear.
NOTE: A copy of the sealed copy of the writ, certified by the Sheriff to be a true copy, is acceptable.
A copy of the probate or letters of administration is required where the executor or administrator for a deceased judgment creditor is the applicant.
In addition to evidence supporting the steps taken by the Subscriber to verify the identity of their Client and establish their Client’s right to deal, the Subscriber may be required to retain other evidence to support the dealing.
It is a matter for the Subscriber to be satisfied that they have met the requirements for the dealing. Please refer to the ARNECC Guidance Note 5 for assistance on retaining evidence to support conveyancing transactions in accordance with the NSW Participation Rules.
All NSW legislation can be accessed at www.legislation.nsw.gov.au