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

NSW Trustee and Guardian Caveat

This page aims to help you complete an electronic NSW Trustee and Guardian Caveat dealing form. This form is to be used solely by the NSW Trustee and Guardian to protect the estate of a managed person.

This caveat only prohibits the following actions:

  • The recording in the Register of any dealing other than a plan affecting the estate or interest claimed by the Caveator
  • The registration or recording of any plan other than a delimitation plan affecting the estate or interest claimed by the Caveator
  • The granting of any possessory application with respect to the land in the Torrens Title referred to above and
  • The recording in the Register of any dealing affecting the estate of which the Caveator is Registered Proprietor.

Where further actions are to be prohibited or qualifications are to be included pursuant to section 74H(5) Real Property Act 1900, a Caveat dealing form should be lodged.
 
NOTE: A caveat affecting part of the land must be lodged as a Dealing with Exception. 
  
NOTE: A caveat by the NSW Trustee protecting the estate of a managed person will lapse on registration of a notice of death or a transmission application lodged in consequence of the death of the managed person. 

NOTE: The caveator, being the NSW Trustee and Guardian, 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 74F 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 NSW Trustee and Guardian 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 NSW Trustee and Guardian Caveat dealing form.

Land Title

Enter the land title reference(s).

Participant Details

Party Details – Party Name

Caveator’s Name
 
Enter NSW Trustee and Guardian.
 
Document

Create Document – Select Other Documents.

Select NSW Wales Trustee and Guardian Caveat.

Registered Proprietor Affected by this Caveat

Select the registered proprietor.

Caveator, Registered Proprietor by their Manager

Select NSW Trustee and Guardian.

Address of Registered Proprietor

Enter the address of the registered proprietor.

Address for Caveator

Enter the address of the caveator.

Name for Service of Notices on the Caveator

Enter the name for the service of notices on the caveator.

Address for Service of Notices on the Caveator

Enter the address for service of notices on the caveator. The address must be an Australian postal address. A Post Office box number is not acceptable. See section 74F(5)(viii) Real Property Act 1900.

Estate or Interest Claimed by NSW Wales Trustee and Guardian Caveat

Select the following:

  • Estate in fee simple

Claim Details by NSW Trustee and Guardian Caveat

Select the following:

  • The management of the estate of the registered proprietor has been committed to the NSW Trustee and Guardian under the NSW Trustee and Guardian Act 2009.

Action Prohibited by NSW Trustee and Guardian Caveat

Select all of the following:

1. The recording in the Register of any dealing other than a plan affecting the estate or interest claimed by the Caveator

2. The registration or recording of any plan other than a delimitation plan affecting the estate or interest claimed by the Caveator

4. The granting of any possessory application with respect to the land in the Torrens Title referred to above

5. The recording in the Register of any dealing affecting the estate of which the Caveator is Registered Proprietor.

Caveat Statements

Select all of the following:

The Caveator, to the best of the knowledge of the Subscriber identified in the execution of this Caveat document, has a good and valid claim to the estate or interest claimed as specified in this Caveat;

This Caveat, to the best of the knowledge of the Subscriber identified in the execution of this Caveat document, does not require the leave of the Supreme Court;

This Caveat, to the best of the knowledge of the Subscriber identified in the execution of this Caveat document, does not require the written consent of the Registered Proprietor Of Estate or possessory applicant (as applicable) for the purposes of section 74O Real Property Act 1900;

The Caveator, to the best of the knowledge of the Subscriber identified in the execution of this Caveat document, has provided the correct address of the Registered Proprietor as specified in this Caveat.

Attachments

Attachment Type – Claim Details (optional)

Attach any additional claim details and the financial management order.

Attachment Type – Statutory Declaration (optional)

Attach a statutory declaration where there is discrepancy in the name of the registered proprietor on title and on the financial management order.

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 NSW Trustee and Guardian Caveat dealing form may include:

  • Title Search
  • Financial Management Order
  • Any other material relied upon to reflect the Client’s interest in the property.

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