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

Court order or injunction extending a Caveat

Form 11R 

Dealing Type - R

Legislation - section 74K Real Property Act 1900.

Stamp Duty - not required.

NOS form - not required.

Standard form of Caveat - does not prevent 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.

A caveator may obtain a Supreme Court Order to extend a caveat for a definite or indefinite period of time, or an injunction to prevent registration of dealings, usually in response to the service of notices pursuant to section 74I, section 74J or section 74JA Real Property Act 1900.

(B) The reference to title for the land affected by the caveat must be stated.

(C) The registered number of the caveat must be stated and be identical to that shown on the Register. The reference to title for the land affected by the caveat must be stated.

(E) The full name of the applicant must be stated.

(F) A short description of the nature of the request must be stated.

(G) Full details of the request must be stated.

The name of the Court issuing the Court Order or injunction, the Court file number, and the date of the Court Order or injunction must be stated.

A sealed copy of the Court Order or injunction must be attached to the dealing.

NOTE: the Court Order must refer to the registered number of the caveat and must be identical to that shown on the Register. Failure to do so will result in the dealing being requisitioned and/or rejected.

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

  Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Caveator      Tick      Tick                Tick        Tick

See execution requirements for companies, witnesses etc. pages.

NOTE: All Orders of Court or injunction extending a caveat are referred to NSW LRS’ Legal Division.

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

Staff processing information

Connect to the Preparation of Lapsing Notice and forward to Legal.

 

Publication Date: March 2024