Party dealing with the land or interest

The full legal name of the party to a transaction must be stated on a Real Property Act dealing form and must be identical to the name of the registered proprietor of the estate or interest being dealt with as shown on the Torrens Register.

Also see Change of name of a party dealing pages.

The ACN for a company must be stated.

The ARBN for other bodies corporate, other than a company or statutory authority, capable of dealing with land must be stated.

A foreign company that does not have an ARBN must furnish a statutory declaration or statement set out under the company letterhead by an officer or representative of the company stating that the company:

  • is a foreign company
  • is not registered in Australia as a foreign company
  • does not have an ARBN and
  • does not carry on business in Australia.

The capacity of trustees, executors or administrators must not be shown on a dealing, see s82(1) Real Property Act 1900, except for:

  • a Transmission Application
  • a Bankruptcy Application or
  • an application pursuant to:
    • s46C Real Property Act 1900
    • s12 Trustee Act 1925 or
    • an Order of Court.

A dealing that will be executed on behalf of the registered proprietor (e.g. a liquidator, a trustee or pursuant to an Order of Court, or an attorney) must be drawn in the name of the relevant registered proprietor.

See dealing by a minor page.

Staff processing information

Where a party who has dealt with an estate or interest is deceased, except for a severance of joint tenancy, and the dealing has been executed by the deceased, refer to Legal through the Senior Examining Officer for approval to register. Where the party severing a joint tenancy is deceased, a Notice of Death form 02ND should be lodged and the dealing must be drawn in the name of the surviving joint tenant.