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

Dealings by the judgment debtor or other persons

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

Registration procedure

For the subject dealing

TRANSACTION    ON

PRIME CODE    as required.

DETAILS    [as required] Subject To Writ [number].

Note

  • 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.