Dealing type - WW
Legislation - s105D 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.
- An application by a party other than the judgment creditor to cancel a writ will not be recorded within the 6 month period following recording of the writ
- An Order of Court to cancel a writ must be lodged with a Request, form 11R
- On registration of
- a transfer that causes the writ to lapse pursuant to section 105C of the Real Property Act 1900; or
- a transfer by the Sheriff pursuant of the writ,
the subject writ will be removed without the need for lodgment of a Cancel Recording of Writ form 09WW.
- A writ will be removed by the next dealing lodged where 12 months has elapsed from the expiry of the currency of the writ (i.e. two years from the date of issue of the writ).
(A) The folio for the land affected by the writ must be stated.
(B) The registered number of the lease, mortgage or charge affected by the writ must be stated. The folio for the land affected by the writ must be stated.
(D) The registered number of the writ being cancelled must be stated.
(E) The full name of the applicant must be stated. The ACN or ARBN of a company etc must be stated. The executor or administrator for a deceased judgment creditor may apply; a copy of the probate or letters of administration must be furnished.
(F) The item that does not apply must be deleted and verified. If the applicant is other than the judgment creditor their capacity must be stated, eg judgment debtor.
(G) The item that does not apply must be deleted and verified.
(I) The full name of the declarant, i.e. the applicant, must be stated.
(J) The items that do not apply must be deleted and verified.
Item 1: '... has not been executed by the sale of the above land and is hereby withdrawn by the judgment creditor'. The applicant must be the judgment creditor. Applies any time after recording of the writ.
Item 2: '... has lapsed by reason of the expiration of the currency of the writ and there has been no renewal of the writ'. Applies to a writ where 12 months has elapsed from the date of issue of the writ and there has been no renewal of the writ.
The applicant may be the judgment creditor, the judgment debtor, or the party acquiring the estate or interest.
(K) The statutory declaration must be made by the appropriate party, their solicitor or attorney, or an authorised officer (the nature of the authority must be disclosed) and must be witnessed by a prescribed functionary. Where the declaration has been made outside NSW reference to the Oaths Act 1900 must be deleted, the relevant Act must be inserted and the alteration verified.
Staff processing information
Where the applicant is other than the judgment creditor, the judgment debtor, the purchaser at sale pursuant to the writ, or an incoming mortgagee, lessee or chargee, refer to Legal through the Senior Examining Officer.
NOTFN BRT FORWARD select writ to be cancelled
NOTFN TB REMOVED click arrow button to remove selected notification.
Cancellation of a writ affecting a dealing
PRIME CODE code of dealing affected by the writ as shown on the Register
PRIME NO. number of dealing
SUB CODE code of writ as shown on the Register
SUB NO. number of writ.