For dealings by a judgment debtor or other persons, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [570.550-.600]; s105A(3-8) Real Property Act 1900.
Where a dealing is made subject to a writ, the notification entered on the title will include 'Subject To Writ ...'.
Staff processing information
For the subject dealing
PRIME CODE as required.
DETAILS [as required] Subject To Writ [number].
- a transfer pursuant to an option to purchase contained in a lease registered before the writ does not have to be made subject to the writ or be accompanied by a Cancel Recording Of Writ form 09WW. The writ is removed on registration of the transfer. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [570.500(v)].
- re Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [570.600], a lease by a mortgagee exercising its power under the mortgage may be registered but the writ will remain on the Torrens Title Register.
- a transfer pursuant to s713 Local Government Act 1993 will be registered and the writ will be removed.
- the usual rules of execution apply to dealings by the judgment debtor.
- where land subject to a writ is notified in the Government Gazette as becoming Crown land within the meaning of the Crown Lands Act 1989, the writ will be removed upon recording of the Gazette notice.