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

Discrepancies in signatures

Real Property Act dealings and Water Access Licence dealings

On a dealing, where there is a discrepancy between the name of a party and that party's signature:

  • evidence by way of statutory declaration may be required depending on the extent of the discrepancy, or
  • the witness may add a statement adjacent to the signature, 'This is the usual signature of [name as stated]', and attest the statement.

The following table may be used as a guide to signature and evidence requirements for dealings:

Name of Party Form of Signature Evidence required
William Macklin W. J. Macklin Yes
William Macklin B. [or Bill] Macklin No
William Macklin J. Macklin Refer to Legal
William John Macklin W. Macklin No
William John Macklin J. Macklin No
William John Macklin J. W. Macklin Yes
John Macklin-Smith J. Macklin-Smith, J. Macklin, or J. Smith No

General Register documents

Where the discrepancy between the name of a party and that party's signature does not imply that a different person has signed the document, e.g. addition of a middle name or initial, or a minor alteration to the spelling, evidence is not required. All variations of the name are indexed.

Evidence, usually in the form of a statutory declaration, may be required for a discrepancy between the name of a party and that party's signature where a legible signature may imply that a different person has signed the document. This does not include execution by 'another person'.  All variations of the name are indexed.  Note Registration may be insisted upon.

The following table may be used as a guide to signature and indexing requirements for documents registered in the General Register:

Name of Party Form of Signature Index Variations
William Moss W. J. Moss William Moss, William J Moss
William Moss B. [or Bill] Moss William Moss, B Moss
William Moss J. Moss William Moss, J Moss
William John Moss W. Moss William John Moss
William John Moss J. Moss William John Moss, John Moss
William John Moss J. W. Moss William John Moss, John William Moss
John Moss-Smith J. Moss John Moss-Smith, John Moss
John Moss-Smith J. Smith John Moss-Smith, John Smith