Discharge of Charge
This page aims to help you complete an electronic Discharge of Charge dealing form. This form is used by a registered chargee to remove the recording of a charge or covenant charge from a folio of the Register.
A charge may be discharged by persons other than the chargee in the following instances:
upon certification by an officer of the Court pursuant to section 98 Conveyancing Act 1919
upon lodgment of a vesting order pursuant to section 74 Trustee Act 1925 (infant or mentally incapable chargee) or section 75 Trustee Act 1925 (deceased chargee) or
upon lodgment of a discharge executed by the Australian Securities and Investment Commission (ASIC) pursuant to section 601AF Corporations Act 2001 (Cth) in relation to deregistered companies.
If you fall within one of the situations noted above then you must use the Dealing with Exception. Additionally if you are seeking to have a charge removed in accordance with section 66 Real Property Act 1900 then this must be done by lodgment of a Request form.
NOTE: The chargee 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 – section 65 Real Property Act.
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 Discharge of Charge.
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 Discharge of Charge dealing form.
Enter the land title reference(s) affected by the charge.
Party Details – Party Name
Select the chargee.
Create Document – Select Other Documents.
Select Discharge of Charge.
Dealing on Title
Select the dealing number of the charge being discharged.
Select the chargee on title.
NOTE: where a chargee has died a Notice of Death form or a Transmission Application form as is appropriate, must be lodged before the charge can be discharged. If the chargee’s name has changed or does not match the name in the Register then a Dealing with Exception must be used.
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.
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