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

Charge pursuant to s139ZN or s139ZR Bankruptcy Act 1966

A charge in favour of the Official Receiver:

  • requiring a person to make a payment towards the discharge of the bankrupt’s liability (section 139ZN of the Bankruptcy Act 1966 (Cth) (the ‘Act’)); or
  • in order to recover assets disposed of by the bankrupt in order to avoid creditors (section 139ZR of the Act), may be registered by the Official Receiver or the Official Trustee lodging a Request form 11R accompanied by a certificate by the Official Receiver stating the particular legislation that applies. The Request does not require marking by Revenue NSW. 

When a person has been given a notice under sections 139ZL or 139ZQ of the Act makes the payment or transfers the property to the Official Trustee, the property ceases to be subject to the charge.

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

A charge under section 139ZN or section 139ZR of the Act may be cancelled by lodgment of a Request form 11R:

  • signed by the Official Receiver or the Official Trustee or
  • signed by the registered proprietor of the land affected by the charge together with a sealed copy of a Court Order setting aside the notice (see section 139ZM of the Act).

NOTE: For the determination of priorities where there is an encumbrance affecting the property, see sections 139ZN(2) and (3) and 139ZR(2) and (3) of the Act. The Request for cancellation of the charge does not require marking by Revenue NSW.

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

Commonwealth legislation can be accessed at www.legislation.gov.au/

Staff processing information

Refer all cases to Legal through the Senior Examining Officer.

Registration Procedure

On direction from Legal that charge can be registered.


DETAILS         [Act pursuant to which the charge was created]

Publication Date: March 2024