On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Change of Address for Service of Notices on Caveator

This page aims to help you complete an electronic Change of Address for Service of Notices on Caveator dealing form which is required to alter the address for service of notices as recorded on a caveat.

A person entitled to withdraw a private caveat may change the address for service of notice on the caveator in accordance with section 74N(3) Real Property Act 1900. Section 74M Real Property Act 1900 lists the persons entitled to withdraw a caveat.

It is the responsibility of the caveator to ensure that the address for service is up to date and correct. Typical reasons for needing this form include the caveator engaging a new solicitor or moving to a new office or house.

Once the Registrar General is notified of the change of address, the new address will be recorded on the relevant folio of the Register. The new address will then be the address for service of notice on the caveator.

NOTE: The caveator 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 – see section 74N(3) 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 recording of the Change of Address for Service of Notices on Caveator.

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 Change of Address for Service of Notice on Caveator dealing form.

Land Title

Enter the land title reference(s) for the land affected by the caveat.

Participant Details

Party Details – Party Name

Select the caveator.

Document

Create Document – Select Other Documents.

Select Change of Address for Service of Notices on Caveator.

Dealing on Title

Select caveat.

Caveat Dealing Number

Select the dealing number of the caveat.

Service of Notice Address

Select the new address for the service of notice on the caveator. The address must be a full Australian postal address. A Post Office Box is not acceptable. See section 74F(5)(b)(viii) Real Property Act 1900.

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 Change of Address for Service of Notices on Caveator dealing form may include:

  • a rates notice for the new address in the caveator’s name or
  • a letter of engagement from a new solicitor to the caveator.

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