Exemptions for electronic lodgment of mandated dealings and caveats from 22 March 2021

The following mandated dealings are not eligible to be lodged electronically (see Conveyancing Rules waiver CR1/2021).
Please note when lodging these documents a Conveyancing Rules Exceptions form 2021 is required.

1. Caveats

1.1    where the caveator is not represented by a legal practitioner or licensed conveyancer
1.2    that only affects part of the land in a folio of the Register
1.3    lodged against premises contained in a lease
1.4    affecting a registered interest (e.g. a mortgage, lease or charge)
1.5    involving multiple caveators who are not represented by a single Subscriber.

2. Withdrawal of Caveat

2.1    where the caveator is not represented by a legal practitioner or licensed conveyancer
2.2    that only affects part of the land in a folio of the Register
2.3    involving multiple caveators who are not represented by a single Subscriber
2.4    that does not affect all the caveators (when there are multiple caveators)
2.5    affecting a registered interest (e.g. a mortgage, lease or charge)
2.6    where an attachment is required, such as a copy of the probate
2.7    where the caveat is withdrawn by a person other than the caveator.

3. Discharge of Mortgage

3.1    where the mortgagee is an individual(s) and not represented by a legal practitioner or licensed conveyancer
3.2    that only affects part of the land in a folio of the Register
3.3    that does not affect all the mortgagees (when there are multiple mortgagees)
3.4    that does not affect all the mortgagors (when there are multiple mortgagors)
3.5    where the mortgage to be discharged is a sub-mortgage, mortgage of lease or mortgage of charge.

4. Mortgage

4.1    where the mortgagee is an individual(s) and not represented by a legal practitioner or licensed conveyancer
4.2    over an interest or share in land or part of the land in a folio of the Register
4.3    that does not affect all the registered proprietors
4.4    affecting more than 20 folios of the Register, which cannot be separated.

5. Transfer

5.1    where both the transferee and transferor are not represented by a legal practitioner or licensed conveyancer and the           transfer is standalone
5.2    creating a life estate and estate in remainder
5.3    that only affects part of the land in a folio of the Register;
5.4    affecting more than 20 folios of the Register, which cannot be separated
5.5    where execution by a person other than the registered proprietor is required, such as a court officer or a guardian               when a person's estate is subject to management under the NSW Trustee and Guardian Act 2009
5.6    where the transfer involves transactions or obligations outside of the Torrens Register, for example where the                     transaction (or a chain of transactions) involves:
    5.6.1    properties located in other jurisdictions
    5.6.2    the purchase or sale of a company title unit
    5.6.3    handing over old system documents relating to qualified or limited title (or both)
    5.6.4    financial settlement that includes the transfer of a Water Access Licence.
    5.6.5.   sales of businesses where the subject matter of the sale involves assets other
               than interests in land. 

6. Transmission Application

6.1    where the applicant is not represented by a legal practitioner or licensed conveyancer
6.2    where an interest in land is affected (e.g. a mortgage, lease or charge)
6.3    where a life estate and estate in remainder is created by the transmission application
6.4    where an estate in remainder is affected
6.5    where the applicant is also the registered proprietor who holds the whole of an estate or interest in different                       capacities and it is intended to show that registered proprietor separately for each share held.

7. Notice of Death

7.1.    where the applicant is not represented by a legal practitioner or licensed conveyancer;
7.2.    where a registered interest in land such as a lease or mortgage is affected.
 

8. Variation of Lease

8.1.    where either the lessor or lessee are not represented by a legal practitioner or licensed conveyancer;
8.2.    where a registered interest in land such as a sub-lease is affected;
8.3.    involving multiple parties who are not represented by a single Subscriber;
8.4.    affecting more than 20 folios of the Register, which cannot be separated.
 

9. Change of Name

9.1.    where the party is not represented by a legal practitioner or licensed conveyancer;
9.2.    affecting more than 20 folios of the Register, which cannot be separated.
 

10. Change of Name of Lessee, Mortgagee or Chargee

10.1.    where the party is not represented by a legal practitioner or licensed conveyancer;
10.2.    where a registered sub-lease or sub-mortgage is affected;
10.3.    that does not affect all the mortgagees (when there are multiple    mortgagees);
10.4.    affecting more than 20 folios of the Register, which cannot be separated.
 

11. Change of Address of Owners Corporation

11.1.    where the party is not represented by a legal practitioner or licensed conveyancer.
 

12. Change of Address of Association

12.1.    where the party is not represented by a legal practitioner or licensed conveyancer.
 

13. Change of Address for Service of Notices on Caveator

13.1.    where the party is not represented by a legal practitioner or licensed conveyancer;
13.2.    where a registered interest in land such as a lease or mortgage is affected;
13.3.    involving multiple caveators who are not all represented by a single Subscriber;
13.4.    affecting more than 20 folios of the Register, which cannot be separated.
 

14. Change of Name of Caveator

14.1.    where the party is not represented by a legal practitioner or licensed conveyancer;
14.2.    where the caveat is recorded against a registered interest in land such as a lease or mortgage;
14.3.    affecting more than 20 folios of the Register, which cannot be separated.
 

15. Transfer Severing Joint Tenancy in an Interest

15.1.    where the applicant is not represented by a legal practitioner or licensed conveyancer;
15.2.    where a registered interest in land such as a sub-lease or sub-mortgage is affected;
15.3.    involving multiple parties who are not represented by a single Subscriber;
15.4.    affecting more than 20 folios of the Register, which cannot be separated;
 

16. Transfer Severing Joint Tenancy

16.1.    where the applicant is not represented by a legal practitioner or licensed conveyancer;
16.2.    involving multiple parties who are not represented by a single Subscriber;
16.3.    affecting more than 20 folios of the Register, which cannot be separated;     
 

17. Transfer Altering Tenancy (Joint Tenants to Tenants in Common in Equal Shares)

17.1.    Where all the registered proprietors are not represented by a legal practitioner or licensed conveyancer;
17.2.    involving multiple parties who are not represented by a single Subscriber;
17.3.    affecting more than 20 folios of the Register, which cannot be separated;
 

18. Transfer Altering Tenancy (Tenants in Common in Equal Shares to Joint Tenants)

18.1.    where all the registered proprietors are not represented by a legal practitioner or licensed conveyancer;
18.2.    involving multiple parties who are not represented by a single Subscriber;
18.3.    affecting more than 20 folios of the Register, which cannot be separated;
 

19. Transfer Creating a Profit a Prendre

19.1.    where both the transferee and transferor are not represented by a legal practitioner or licensed conveyancer and               the transfer is standalone;
19.2.    that only affects part of the land in a folio of the Register;
19.3.    involving multiple parties who are not represented by a single Subscriber;
19.4.    affecting more than 20 folios of the Register, which cannot be separated.
 

20. Transfer Creating a Forestry Right

20.1.    where both the transferee and transferor are not represented by a legal practitioner or licensed conveyancer and               the transfer is standalone;
20.2.    that only affects part of the land in a folio of the Register;
20.3.    involving multiple parties who are not represented by a single Subscriber;
20.4.    affecting more than 20 folios of the Register, which cannot be separated.
 

21. Transfer of Interest

21.1.    where both the transferee and transferor are not represented by a legal practitioner or licensed conveyancer and                the transfer is standalone;
21.2.    involving multiple parties who are not represented by a single Subscriber;
21.3.    that does not affect all the mortgagees (when there are multiple mortgagees);
21.4.    that affects a lease, sub-lease or mortgage of a lease;
21.5.    affecting more than 20 folios of the Register, which cannot be separated.
 

22. Transfer without Monetary Consideration

22.1.    where both the transferee and transferor are not represented by a legal practitioner or licensed conveyancer and                the transfer is standalone;
22.2.    involving multiple parties who are not represented by a single Subscriber;
22.3.    affecting more than 20 folios of the Register, which cannot be separated;
22.4.    where a life estate and estate in remainder is created or affected.
 

23. Consolidation/change of by-laws

23.1.    where the party is not represented by a legal practitioner or licensed conveyancer;
23.2.    where the party is only seeking to consolidate the existing by-laws.
 

24. Positive Covenant

24.1.    where either the registered proprietor or the prescribed authority are not represented by a legal practitioner or licensed conveyancer;
24.2.    involving multiple registered proprietors who are not represented by a single Subscriber;
24.3.    affecting more than 20 folios of the Register, which cannot be separated.
24.4     where the prescribed authority is not a Subscriber
 

25. Positive Covenant (with Registered Interest Holder Consent)

25.1.    where either the registered proprietor or prescribed authority are not represented by a legal practitioner or                      licensed conveyancer;
25.2.    involving multiple registered proprietors who are not represented by a single Subscriber;
25.3.    affecting more than 20 folios of the Register, which cannot be separated.
25.4     where the prescribed authority is not a Subscriber
 

26. Positive Covenant Affecting Land Vested in a Prescribed Authority

26.1.    where the prescribed authority is not a Subscriber or otherwise represented by a legal practitioner or licensed                     conveyancer;
26.2.    where a registered interest in land such as a lease or mortgage is affected;
26.3.    affecting more than 20 folios of the Register, which cannot be separated.
 

27. Restriction on the Use of Land by a Prescribed Authority

27.1.    where either the registered proprietor or the prescribed authority are not represented by a legal practitioner or                  licensed conveyancer;
27.2.    involving multiple registered proprietors who are not represented by a single Subscriber;
27.3.    affecting more than 20 folios of the Register, which cannot be separated;
27.4.    where the prescribed authority is not a Subscriber.
 
 

28. Restriction on the Use of Land by a Prescribed Authority (with Registered Interest Holder Consent)

28.1.    where either the registered proprietor or the prescribed authority are not represented by a legal practitioner or                  licensed conveyancer;
28.2.    involving multiple registered proprietors who are not represented by a single Subscriber;
28.3.    affecting more than 20 folios of the Register, which cannot be separated;
28.4.    where the prescribed authority is not a Subscriber.
 

29. Restriction on the Use of Land

29.1.    where both the registered proprietor and the applicant are not represented by a legal practitioner or licensed                     conveyancer;
29.2.    involving multiple parties who are not represented by a single Subscriber;
29.3.    affecting more than 20 folios of the Register, which cannot be separated.
 

30. Restriction on the Use of Land (with Registered Interest Holder Consent)

30.1.    where both the registered proprietor and the applicant are not represented by a legal practitioner or licensed                     conveyancer;
30.2.    involving multiple parties who are not represented by a single Subscriber;
30.3.    affecting more than 20 folios of the Register, which cannot be separated.
 

31. Restriction on the Use of Land Vested in Prescribed Authority

31.1.    where the prescribed authority is not a Subscriber or otherwise represented by a legal practitioner or licensed                     conveyancer;
31.2.    affecting more than 20 folios of the Register, which cannot be separated.
 

32. Variation of Mortgage

32.1.    where the mortgagee(s) is an individual and not represented by a legal practitioner or licensed conveyancer;
32.2.    where a registered interest in land such as a lease or mortgage is affected;
32.3.    involving multiple parties who are not represented by a single Subscriber;
32.4.    that does not affect all the mortgagees (when there are multiple mortgagees);
32.5.    affecting more than 20 folios of the Register, which cannot be separated.
 

33. Charge

33.1.    where both the chargor and chargee are not represented by a legal practitioner or licensed conveyancer;
33.2.    where a registered interest in land such as a lease or mortgage is affected;
33.3.    involving multiple parties who are not represented by a single Subscriber;
33.4.    affecting more than 20 folios of the Register, which cannot be separated.
 

34. Covenant Charge

34.1.    where the prescribed authority is not a Subscriber or otherwise represented by a legal practitioner or licensed                     conveyancer;
34.2.    affecting more than 20 folios of the Register, which cannot be separated.
 

35. Discharge of Charge

35.1.    where the party is not represented by a legal practitioner or licensed conveyancer;
35.2     where a registered interest in land such as a lease or mortgage is affected;
35.3     involving multiple parties who are not represented by a single Subscriber;
35.4.    affecting more than 20 folios of the Register, which cannot be separated.
 

36. Transactions not able to be completed electronically

36.1    where written evidence from Revenue NSW is presented with the paper dealings at NSW LRS confirming that the transaction cannot be processed electronically
36.2    where written evidence from the ELNO is presented with the paper dealings at NSW LRS confirming that the transaction cannot be processed electronically. 

 
Commencement and Period during which this waiver applies

This waiver commences on 22 March 2021 and operates until the earlier of 22 March 2022 or the publication of a revocation of this waiver by the Registrar.