This page aims to help you complete an electronic Bankruptcy Application dealing form. This form is to be used to register an appointed trustee (or trustees) as proprietor(s) of the estate in land held by a bankrupt. See section 90 Real Property Act 1900.
The appointed trustee(s) replaces the bankrupt registered proprietor on the Register. If the bankrupt holds as a joint tenant, the tenancy is severed and the incoming trustee(s) will hold as a tenant in common with the other proprietors. The other proprietors retain the tenancy/shares held among themselves. Two or more trustees must hold as joint tenants between themselves.
Where the application affects a bankrupt lessee, mortgagee or chargee, the Bankruptcy Application must be lodged as a Dealing with Exception.
NOTE: The applicant must be represented in the workspace for this dealing form.
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:
Guide to complete
Legislation – see section 90 Real Property Act 1900 and Bankruptcy Act 1966 (Cth).
Stamp Duty – not required.
Notice of Sale – required. There is no need to separately create a Notice of Sale form. The Notice of Sale form is automatically produced in the workspace and sent to NSW LRS when the instrument is lodged.
Standard Form of Caveat – a caveat noted on the Register will not prevent the recording of a Bankruptcy Application. Where the caveator is the Trustee in Bankruptcy, the caveat will be removed upon the registration of the Bankruptcy Application.
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 Bankruptcy Application dealing form.
Enter the land title reference(s) for the land affected by the Bankruptcy Application.
Party Details – Party Name
Enter the details of the trustee.
Create Document – Select Other Documents.
Select Bankruptcy Application.
Select the registered proprietor being the bankrupt/debtor.
Select the applicant.
Capacity of Applicant
Enter the capacity of the applicant.
Section No. of the Bankruptcy Act 1966
Enter the relevant section of the Bankruptcy Act 1966.
Basis for Application
Enter the basis for the application.
The applicant must claim pursuant to:
- a deed of assignment. The date must be stated
- a resolution of creditors under the Bankruptcy Act 1966. The particular section must be stated. The suggested form of wording is: The applicant claims as trustee of the bankrupt pursuant to section [section number] Bankruptcy Act 1966 and a resolution of the creditors for the debtor to execute a personal insolvency agreement on [date]
- a Court Order made under Part XI Bankruptcy Act 1966. The date of the Court Order must be stated. The suggested form of wording is: The applicant claims as trustee of the bankrupt pursuant to section 52 Bankruptcy Act 1966 and a sequestration order made by the Federal Court/Federal Magistrates Court on [date] or
- a debtors petition under section 55 Bankruptcy Act 1966. The suggested form of wording is: The applicant claims as trustee of the bankrupt pursuant to section 55 Bankruptcy Act 1966 and the Official Receiver’s acceptance of a Debtor’s Petition on [date].
NOTE: The above list is non-exhaustive.
Attachment Type – Supporting Evidence
Attach a statutory declaration by the applicant that identifies that the bankrupt is the registered proprietor of the land to which the application relates (see section 90(2A) Real Property Act 1900).
Attach the Certificate of Appointment of Trustee issued by the Australian Financial Security Authority.
Attach a Court Order (if the application is pursuant to a Court Order).
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.
The evidence that the Subscriber is required to retain to support a Bankruptcy Application dealing form may include:
- evidence that the bankrupt and the registered proprietor are one and the same person.
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