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

Party taking

The full name of the party taking, e.g. the transferee or mortgagee, must be stated where required on a WAL dealing. Initials are not acceptable unless they form part of a company name.

Reference to 'junior' or 'senior' is acceptable after the name and will be included in the notification.

The ACN of a company must be stated.

The ARBN for a body, other than a company or statutory authority, capable of dealing with land must be stated.

A foreign company that does not have an ARBN must furnish a statutory declaration or statement set out under the company letterhead by an officer or representative of the company stating that the company:

  • is a foreign company
  • is not registered in Australia as a foreign company
  • does not have an ARBN and
  • does not carry on business in Australia.

A trading name may be included but will not be shown on the WAL Register.

The capacity of trustees, executors or administrators is not to be shown on the dealing, see s82(1)Real Property Act 1900, except for:

  • a Transmission Application
  • a Bankruptcy Application or
  • an application pursuant to:
    • s46C Real Property Act 1900
    • s12 Trustee Act 1925, or
    • an Order of Court.

Where a party who has taken an estate or interest is deceased, and even though the WAL dealing has been executed by the deceased, the dealing is not acceptable. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [250.250].

See WAL dealing in favour of a minor page.

Staff processing information

A WAL dealing:

  • in favour of a liquidator or
  • where the party gaining benefit of the transaction is the attorney of the party disposing,

must be referred to Legal through the Senior Examining Officer.