Justification for a name discrepancy

Where the name of a party stated on an incoming electronic dealing differs from the full name recorded on the land title, the discrepancy may be justified without the need to lodge a Change of Name. This only applies when the party will be removed from the title on registration of the dealing, such as:

• a transferor in a transfer or

• a mortgagee in a discharge of mortgage.

Where registration of the transaction does not remove the party from an affected land title:

• a change of name must be lodged where other dealings other than a mortgage is to be lodged

• a justification for the change of name included in the electronic National Mortgage may be lodged.

NOTE: A name discrepancy cannot be justified with evidence that is issued outside of Australia.

Justification not affecting all land titles in a dealing 

A situation may arise where a party is recorded in the current name on one or more land titles, but in a former name on the remaining land title(s). For example, a transfer may affect two land titles, where the registered proprietor of the first is Mary Smith (current name), but the registered proprietor of the second is Mary Jones (same person as on the first land title, but former name).
The options are to:

• lodge a Change of Name for the second land title before the electronic transfer is lodged

• lodge separate electronic transfers for each of the land titles (NOTE: this will attract two transfer lodgement fees and require separate stamp duty verification by Revenue NSW); or

• lodge the transfer in paper.

Previous name on title

The data requirements for justification of a name discrepancy or previous name are as follows: 

Justification	Action required	Evidence type	Issued by	Evidence date	Evidence document reference	Evidence jurisdiction	Jurisdiction
Adoption of New Name	Specify Change of Name Certificate details	Change of Name Certificate for Individual	An appropriate Australian state or territory government body e.g. NSW Department of Births, Deaths and Marriages	Date of issue	Registration number	Australia	Australian state or territory
Approved Abbreviation	No supporting documents required	No supporting documents required	N/A	N/A	N/A	Australia	N/A
Change of Name	Specify Change of Name Certificate details	Change of Name Certificate for Individual	An appropriate Australian state or territory government body e.g. NSW Department of Births, Deaths and Marriages	Date of issue	Registration number	Australia	Australian state or territory
Incorporated Name Change	Specify Change of Name Certificate details	Change of Name Certificate for Organisation	ASIC – for Australian companies or NSW Fair Trading – for incorporated associations	Date of issue	Registration number	Australia	Commonwealth of Australia or NSW
	Specify record of authorised organisation name change filed at Land Registry	Land Registry Record of Authorised Organisation Name	Land Registry Record of Authorised Organisation Name Date of issue	N/A	N/A	Australia	NSW
Legislative Change	Specify legislation reference	Legislation Reference	Commonwealth of Australia or Australian state or territory	Date of Act	Section number and full name of Act	Australia	Commonwealth of Australia or Australian state or territory
	Specify Government Gazette details	Government Gazette Reference	Published Commonwealth of Australia or Australian state or territory	Date of notice in gazette or issue date of gazette	Issue number and issue date of gazette	Australia	Commonwealth of Australia or Australian state or territory
Marriage	Specify Marriage Certificate details	Marriage Certificate	An appropriate Australian state or territory government body e.g. NSW Department of Births, Deaths and Marriages	Date of issue	Registration number	Australia	Australian state or territory
Organisation Re-structure	Specify record of authorised organisation name change filed at Land Registry	Land Registry Record of Authorised Organisation Name	N/A	N/A	N/A	Australia	NSW
Resumption of Maiden Name	Specify Marriage Certificate details	Marriage Certificate	An appropriate Australian state or territory government body e.g. NSW Department of Births, Deaths and Marriages	Date of issue	Registration number	Australia	Australian state or territory

Where the name difference is not due to a legitimate change of name by the party e.g. an error in the recording of the name or correction of a name, the following applies:

Justification	Action required	Evidence type	Evidence date	Evidence document reference
For an individual - Change of Name	Perform Verification of Identity	Verification of Identity evidence	Lodgment Date or other if applicable	N/A
For a corporation - Incorporated Name Change	Perform Verification of Identity	Verification of Identity evidence	Lodgment Date or other if applicable	N/A

Individual

For a spelling error or a discrepancy in the name select “Change of Name” as the justification reason and enter the Lodgment Date for the Evidence date and N/A for the ID.
 
Please note that you must retain all the required identification evidence and a copy of the statutory declaration explaining the name discrepancy or the reason for the name change as part of the supporting evidence.
 

Company

For a spelling error or a discrepancy in the name select “Incorporated Name Change” as the justification reason and enter the Lodgment Date for the Evidence date and N/A for the ID.
 
Please note that you must retain all the required identification evidence and a copy of the statutory declaration explaining the name discrepancy or the reason for the name change as part of the supporting evidence.
 

Attorney

Where an attorney is representing the party changing their name, verification of identity is to be made on the attorney. A copy of the statutory declaration by the attorney explaining the name discrepancy or the reason for the name change must be retained as part of the supporting evidence.