Form 08WX
Dealing type - WX
Stamp duty - not required
Certificate of Title - 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 may be lodged as a Dealing with Exception provided it is accompanied by a completed Lodgment Rules Exception form. In all other instances, the electronic dealing must be used.
An extra lodgment fee is payable for each additional caveat where more than one caveat by the same caveator is being withdrawn on the one form.
(A) The reference to title for the land affected by the caveat must be stated.
(B) The registered number of the dealing affected by the subject caveat must be stated. The reference to title for the land affected by the caveat must be stated.
NOTE: Where a Court Order is recorded in the Second Schedule of the folio extending the operation of the subject caveat “until further order”, the withdrawal should be accompanied by evidence that the proceedings have been concluded.
(D) The full name of the caveator must be stated and must be identical to the name as shown on the Register.
NOTE: A caveat may be withdrawn as regards fewer than all of the caveators or registered proprietors of the estate or interest affected.
(E) The registered number of the caveat being withdrawn must be stated.
(F) The appropriate text must be selected. The withdrawal must be absolute, except for affecting part of the land. Any qualifications or contingencies are not acceptable.
(G) The dealing must be executed by the caveator and be witnessed, or be executed on the caveator's behalf as follows:
| |
Attorney and witnessed |
Solicitor or Barrister |
Authorised Officer and witnessed |
Licensed Conveyancer |
| Caveator1 |
 |
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|
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1 A caveat may be withdrawn by persons other than all of the caveators as named in the caveat in the following instances:
- by a surviving caveator where the caveators' estate or interest claimed was held as joint tenants. Evidence of the death of the caveator is required. The joint tenancy of the estate or interest claimed must be established, e.g. by production of the contract or other instrument upon which the claim is based
- by an executor, administrator or trustee of a deceased caveator where the probate etc. is furnished
- by the Official Trustee in Bankruptcy or trustees in whom the estate or interest claimed has vested pursuant to the Bankruptcy Act 1966 (Cth)
- by the Australian Securities and Investment Commission (ASIC) pursuant to section 601AF Corporations Act 2001 (Cth) in relation to a deregistered company
- on lodgment of a vesting Order pursuant to section 74 Trustee Act 1925 (infant or mentally incapable caveator) or section 75 Trustee Act 1925 (deceased caveator) or
- where a change of name of the caveator is supported by a statutory declaration.
The above list is non-exhaustive and Subscribers should also refer to section 74M Real Property Act 1900.
See execution requirements for companies, witnesses etc. pages.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/.
Staff processing information
If in order proceed with registration.
NOTE: Where a Withdrawal of Caveat form 08WX is lodged after the lodgment and before the completion of action for a Preparation of Lapsing Notice form 08LX, refer the case to the Senior Dealing Examiner after connection.
Registration procedure
NOTFN BRT FORWARD select caveat to be removed
NOTFN TB REMOVED click arrow button to remove selected notification.
Withdrawal as regards the share/interest of a registered proprietor
TRANSACTION click Cancel and select UNDR
PRIME CODE code of caveat as shown on the Register
PRIME NO. number of caveat
SUB CODE UXW
DETAILS The Share/Interest Of [name of registered proprietor].
Withdrawal as regards the interest of a caveator
TRANSACTION click Cancel and select MOD
PRIME CODE code of caveat as shown on the Register
PRIME NO. number of caveat
CLICK Names
REMOVE Caveator whose interest is being withdrawn
DETAILS See [number of Withdrawal of Caveat].
Where dealing numbers of previous notifications that changed caveator are shown in the DETAILS field, Add [number of Withdrawal of Caveat], e.g.: (See AA123456 AB123456)
Withdrawal of a caveat affecting a dealing
PRIME CODE code of dealing affected by the caveat as shown on the Register
PRIME NO. number of dealing
SUB CODE code of caveat as shown on the Register
SUB NO. number of caveat.
Withdrawal of caveat as regards the share/interest of a lessee, mortgagee or chargee
TRANSACTION click Cancel and select UNDR
PRIME CODE code of lease, mortgage or charge affected by the caveat as shown on the Register
PRIME NO. number of dealing
SUB CODE code of caveat as shown on the Register
SUB NO. number of caveat.
SUB CODE UXW
DETAILS as regards the Share/Interest of [name of lessee, mortgagee or chargee].
Withdrawal of a caveat affecting a dealing as regards the interest of a caveator
TRANSACTION click Cancel and select MOD
PRIME CODE code of dealing affected by the caveat as shown on the Register
PRIME NO. number of dealing
SUB CODE code of caveat as shown on the Register
SUB NO. number of caveat.
CLICK Names
REMOVE Caveator whose interest is being withdrawn
DETAILS (See [number of Withdrawal of Caveat]).
Where dealing numbers of previous notifications that changed caveator are shown in the DETAILS field. Add [number of Withdrawal of Caveat], e.g.: (See AA123456 AB123456)
Connection of withdrawal of Caveat and preparation of Lapsing Notice
Where a Withdrawal of Caveat form 08WX is lodged before the completion of action on a Preparation of Lapsing Notice form 08LX, or vice versa, refer the case to the Senior Dealing Examiner.
- marginally note the Withdrawal of Caveat: 'Application for Lapsing [dealing number] unnecessary'
- marginally note the Preparation of Lapsing Notice:'Unnecessary, see WX [dealing number]'
- enter the Preparation of Lapsing Notice in ITS as 'HIST' and register the Withdrawal of Caveat and
- advise the lodging party of the Preparation of Lapsing Notice of the action taken.
Publication Date: March 2024