Form 04BAN
Dealing Type - BN
Legislation
- 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.
NOTE:
- 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 |
 |
 |
|
|
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.
TRANSACTION RP
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