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

Caveat noted on WAL folio

A copy of a recorded caveat, including a Registrar General's caveat, must be inspected in every instance to establish whether it may have an affect on registration of a WAL dealing, except where:

  • a withdrawal of the caveat has been lodged or
  • a consent of caveator has been lodged.

The WAL description, registered holder, term transferee, terms of the prohibition and the nature of the interest claimed as set out in the caveat must all be carefully considered.

Staff processing information

Any discrepancy between the details as set out on the front of the caveat form and in Schedule 1 (the interest claimed) must be referred to the Senior Examining Officer. If doubt exists the Senior Examining Officer must refer the case to Legal.

Note  Where a caveat recorded on the WAL folio will prevent registration of an incoming WAL dealing, the dealing must be accepted for lodgment and referred to the Senior Examining Officer for service of notice on the caveator.