Exemptions for electronic lodgment of mandated dealings and caveats from 1 July 2019


The following mandated dealings are not eligible to be lodged electronically (see Conveyancing Rules waiver CR2/2019).
Please note when lodging these documents a Conveyancing Rules Exceptions form may be required.
 

 Caveats

  • where the caveator is not represented by a legal practitioner or licensed conveyancer; 
  • accompanied by an attachment, such as a sketch plan; 
  • that only affects part of the land in a folio of the Register; 
  • lodged against premises contained in a lease; 
  • affecting a registered interest (e.g. a mortgage, lease or charge); 
  • involving multiple caveators who are not represented by a single Subscriber; 
  • where the written consent of the registered proprietor, for the purposes of section 74O of the RPA, is required. 

Withdrawal of Caveat 

  • where the caveator is not represented by a legal practitioner or licensed conveyancer; 
  • that only affects part of the land in a folio of the Register; 
  • involving multiple caveators who are not represented by a single Subscriber; 
  • that does not affect all the caveators (when there are multiple caveators). 

Discharge of Mortgage

  • where the mortgagee is not represented by a legal practitioner or licensed conveyancer; 
  • that only affects part of the land in a folio of the Register; 
  • that does not affect all the mortgagees (when there are multiple mortgagees); 
  • that does not affect all the mortgagors (when there are multiple mortgagors); 
  • where the mortgage to be discharged is a sub-mortgage, mortgage of lease or mortgage of charge. 

Mortgage 

  • where the mortgagee is not represented by a legal practitioner or licensed conveyancer; 
  • over an interest or share in land or part of the land in a folio of the Register; 
  • that does not affect all the registered proprietors; 
  • that requires a caveator’s consent and/or a Minister’s consent; 
  • affecting more than 20 folios of the Register, which cannot be separated. 

Transfer 

  • where both the transferee and transferor are not represented by a legal practitioner or licensed conveyancer and the transfer is standalone; 
  • creating a life estate and estate in remainder; 
  • lodged using a form other than the 01T Transfer form, such as the Transfer Including Easement form 01TE; 
  • affecting more than 20 folios of the Register, which cannot be separated; 
  • where an attachment is required, such as a caveator’s consent, order of court, or Minister’s consent; 
  • 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; 
  • where less than all the registered proprietors are affected; 
  • where land tax is required to be paid from settlement proceeds (until Conveyancing Rule Waiver 3/2019 – Land Tax is lapsed or revoked); 
  • where the transfer involves transactions or obligations outside of the Torrens Register, for example where the transaction (or a chain of transactions) involves: 5.9.1 properties located in other jurisdictions; 
  • the purchase or sale of a company title unit; 
  • handing over old system documents relating to qualified or limited title (or both); 
  • financial settlement that includes the transfer of a Water Access Licence. 

Transmission Application 

  • where the applicant is not represented by a legal practitioner or licensed conveyancer; 
  • where an interest in land is affected (e.g. a mortgage, lease or charge); 
  • where a life estate and estate in remainder is created by the transmission application; 
  • where an estate in remainder is affected; 
  • 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;