Cancel Recording of Writ

This page aims to help you complete an electronic Cancel Recording of Writ dealing form. This form is used to remove a writ from a folio of the Register in the circumstances set out in section 105D(1) Real Property Act 1900.

The applicant must provide a statutory declaration stating that:

• the writ has not been executed by the sale of the land and is withdrawn by the judgment creditor, where the applicant is the judgment creditor or
• the writ has lapsed by reason of the expiration of the currency of the writ and there has been no renewal of the writ.

NOTE:

• an application by a party other than the judgment creditor to cancel a writ should not be lodged within the 6 months period following recording of the writ and will be rejected
• a Court Order to cancel a writ must be lodged as a Dealing with Exception with a Request form 11R
• a Cancel Recording of Writ dealing form does not need to be lodged if there is:
  • a transfer that causes the writ to lapse pursuant to section 105C of the Real Property Act 1900 or
  • a transfer by the Office of the Sheriff of New South Wales pursuant to a writ,

           because the subject writ will be removed on registration of those transfers, and

• a writ will be removed by the next dealing lodged where 12 months has elapsed from the expiry of the currency of the writ (i.e. two years from the date of issue of the writ).

NOTE: The applicant 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:

1. verify their Client’s identity 
2. establish their Client’s right to deal with the land 
3. have a properly completed and executed Client Authorisation form and 
4. 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 105D Real Property Act 1900.

Stamp Duty – not required.

Notice of Sale – not required.

Standard Form of Caveat – a caveat noted on the Register will not prevent the recording of a Cancel Recording of Writ.
 
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 Cancel Recording of Writ dealing form.

Land Title

Enter the land title reference(s) affected by the writ.

Participant Details

Party Details – Party Name

Enter the details of the applicant. The applicant may be the judgment creditor, the judgment debtor, or the party acquiring the estate or interest. 

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.

Document

Create Document – Select Other Documents.

Select Cancel Recording of Writ. 

Dealing on Title 

Select writ.

Writ Cancelled

Select the dealing number of the writ being cancelled.

Applicant

Select the applicant. 

Capacity of Applicant

Enter the capacity of the applicant. For example, the judgment creditor under the writ, the judgment debtor under the writ.

Attachment

Attachment Type – Statutory Declaration

A statutory declaration must be attached and refer to the following (only enter the applicable statement):

I (name of the applicant),
the applicant, solemnly and sincerely declare that the writ has:

Statement 1: 'has not been executed by the sale of the above land and is hereby withdrawn by the judgment creditor'. The applicant must be the judgment creditor. Applies any time after recording of the writ. 

Statement 2: 'has lapsed by reason of the expiration of the currency of the writ and there has been no renewal of the writ'. Applies to a writ where 12 months has elapsed from the date of issue of the writ and there has been no renewal of the writ. 

I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths Act 1900.

NOTE: General statutory declaration requirements can be found here. 

Attachment Type – Supporting Evidence

Attach any supporting evidence required. Where the applicant is the executor or administrator for a deceased judgment creditor, a copy of the probate or letters of administration must be attached.

Supporting evidence

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 Cancel Recording of Writ dealing form may include:

• where the applicant is the executor for a deceased judgment creditor, a true copy of the probate
• where the applicant is the administrator for a deceased judgment creditor, a true copy of letters of administration.

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