On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Annulment of Bankruptcy

Form 04BAN

Dealing Type - BN


  • section 90 Real Property Act 1900
  • sections 153B and 154 Bankruptcy Act 1966 (Cth).

Stamp Duty - not required

NOS Form - required for:

  • a change of the First Schedule
  • a change of the lessee of a Crown land tenure Term Lease or Crown land Real Property Act 1900 lease.

Panels 1, 2, 3B and 5 require completion.

Not required for a time-share title.

Standard form of Caveat - prevents registration.

Priority Notice noted on the Register - see Priority Notice page.

NOTE: This dealing type must be lodged as a Dealing with Exception and be accompanied by a completed Lodgment Rules Exception form.

This page aims to help you complete an Annulment of Bankruptcy dealing form. This form is to be used to register an annulment of a bankruptcy once the trustee in bankruptcy or Court declares the bankruptcy annulled.

(A)  The reference to title for the affected land must be stated.

(B)  The registered number of the lease, mortgage or charge affected by the bankruptcy application must be stated. The reference to title for the affected land must be stated.

(D)  The full name of the registered proprietor holding in trust for the bankrupt must be stated and be identical to the name shown on the Register.

(E)  The full name of the person in whom the estate or interest is to be vested must be stated.


  • the person need not be the bankrupt and
  • where a joint tenancy was severed by the bankruptcy, the party to be vested in the estate or interest by the annulment will hold as a tenant in common in shares equivalent to the original joint tenancy. The joint tenancy may only be re-established by lodgment of a subsequent transfer.

(F)   A sealed copy of the Order must be furnished.

(G)  The appropriate clause must be completed and the inappropriate clause must be deleted and verified.

(H)  The dealing must be executed by the applicant and be witnessed, or it may be executed on their behalf as follows:

  Attorney and witnessed Solicitor or Barrister Authorised officer and witnessed Licensed conveyancer
Applicant Tick Cross Tick Cross

See additional execution requirements for companies, witnesses etc pages.

(I)  This section is to be completed where the notice of sale data (see NOS form above) has been forwarded to NSW LRS through the eNOS facility.

All NSW legislation can be accessed at www.legislation.nsw.gov.au/

Staff processing information

Refer to Legal through the Senior Dealing Examiner.

Registration procedure

Proceed with registration as directed.


CODE (name)  P, C or Q  [name of applicant; include all current registered proprietors. NOTE: the applicant cannot hold as a joint tenant.]

TENANCY  S, J2 etc, T etc.

Publication Date: March 2024