A Priority Notice (PN) is a form of protection of priority of registration for proposed dealings intended to be lodged. PNs are provided for in Part 7B of the Real Property Act 1900. A person who intends to lodge a dealing to give effect to an entitlement to a legal or equitable estate or interest in land claimed by the person may lodge a priority notice. Once a PN is lodged it remains effective until it is withdrawn or until it lapses by expiry or on registration, withdrawal or rejection of the dealings to which the PN relates.
Only one PN is required for each series of documents in a case.
A PN can be lodged for the following dealings:
- Discharge of Mortgage
- Notice of Death
- Transmission Application
- Application to Record a New Registered Proprietor
- Change of Name
- Discharge of Charge
- Mortgage of Charge
- Mortgage of Lease
- Transfer by mortgagee under Power of Sale
- Transfer of Charge
- Transfer of Lease
- Transfer of Mortgage
A person lodging the PN cannot lodge another PN for the same proposed dealing(s) unless the recorded PN is withdrawn or has expired. See s74T(3) Real Property Act 1900.
A caveat noted on the Register will not prevent recording.
A PN does not require a CoRD Holder Consent or the Certificate of Title.
A PN lodged through an ELNO (PEXA) is automatically recorded.
A PN is effective for 60 days from the date of its lodgment and will prevent registration of dealings or plans not listed in the PN with the exceptions of certain dealings. See Priority Notice noted on the Register. The dealings not the subject of the PN will remain lodged and unregistered until the PN no longer has effect.
A PN will cease to have effect on the registration of the dealings that are subject of the PN, or 60 days after lodgment of the PN or 90 days if the PN has been extended.
For information to assist with completing a PN in PEXA, see PEXA guidance notes Complete a Priority Notice.
Note. There is no provision for amendment or correction of details in a recorded PN.
Details in the PN cannot be altered. If the information relating to a transaction needs to be changed then the PN must be withdrawn and a new PN lodged.