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

Change of name

Form  W-10CN (PDF 318 KB)

Dealing type - CN

Legislation - s71A Water Management Act 2000

Stamp duty - Not required.

WAL Certificate - Required for a registered holder of the WAL.
Not required for a term transferee, mortgagee or chargee.

Additional Information to be Provided page to be completed in the case of a registered holder or term transferee of the WAL. Not required in the case of a mortgagee or chargee (see below).

Caveat noted on the WAL Folio - If specifically prohibited, refer to the SD6 for service of notice on the caveator. 

A Change Of Name form W-10CN must be lodged where the registered holder of a WAL or interest has changed their name and the new name is required to be recorded on the WAL title.

Written consent

The written consent for the change of name of a registered holder of the WAL is required from:

  • a term transferee where a current term transfer is noted on the WAL folio.  See s71N(8) Water Management Act 2000.
  • a mortgagee or chargee where a mortgage or charge is noted on the WAL folio.  Production of the WAL certificate by the mortgagee or chargee to allow registration of the dealing is acceptable in lieu of written consent.  See s71LWater Management Act 2000.

A Change of name of more than one mortgage or charge involving the same mortgagor on the one form  is a multiple instrument. See Fees page.

(E) The  number of the WAL affected must be stated.

(F) The tenure type of the WAL must be stated and agree with the tenure type shown on the WAL folio, i.e. Continuing, Specific Purpose or Supplementary.

(G) The registered number of the term transfer, mortgage or charge affected by the change of name must be stated.

(H) The full name of the registered holder, term transferee, mortgagee or chargee whose name is to be changed must be stated and must be identical to the name as shown on the WAL folio.  The ACN or ARBN of a company etc must be stated.

(I) The full new name of the registered holder, term transferee, mortgagee or chargee must be stated.  The ACN or ARBN of a company etc must be stated.

Tenancy/shares cannot be altered nor can new parties be added by this dealing.

(J) The full name of the applicant must be stated.  The applicant must be the registered holder, term transferee, mortgagee or chargee, their attorney or solicitor, or an authorised officer in the case of a company.

Item 1

Must be altered in the case of a company to indicate that the current company is identical to the company as shown on the WAL folio.

Item 2

Must be completed where the change of name is the result of marriage.  Further evidence, e.g. a copy of the marriage certificate, is not required.

Item 3

Must be completed where the change of name is based on an event other than marriage.

Where a company etc has changed its name an office copy of the Certificate of Registration of Change of Name in accordance with the Corporations Act 2001 (Commonwealth) or other appropriate legislation must be produced.  The evidence will be filmed with the dealing.

The statutory declaration must be made by the registered holder, term transferee, mortgagee or chargee, their attorney, solicitor or barrister, an authorised officer (the nature of the authority must be disclosed), an officer of the company, or a person capable of making the declaration (the nature of the authority must be disclosed) and must be witnessed by a prescribed functionary. Where the declaration has been made outside NSW reference to the Oaths Act 1900 must be deleted, the relevant Act inserted and the alteration verified.

Additional Information to be Provided

Separate details must be provided for each licence affected by the application.

If the address details are the same for each licence, the first panel only must be completed and 'as above' entered in the following panels.

A contact licence holder must be nominated for each licence. A contact licence holder is the licence holder to whom notices and other correspondence will be sent and who will receive invoices relating to the fees and water charges associated with the licence. Where there are multiple licence holders, one only must be nominated. Where the contact licence holder is a corporation its ABN, ACN or ARBN must be provided. The contact licence holder's daytime telephone number during must be provided. It will be used by the licence regulator or water delivery authority to seek any necessary clarification of information relating to the licence.

The form must be signed by or on behalf of the applicant(s) as on the application form itself.  The signature(s) need not be witnessed.

If the space provided is insufficient additional sheets should be attached in the same format as this sheet.

Staff processing information

Refer all dealings to SD31.

Note  A search of the Australian Securities and Investment Commission (ASIC) website www.asic.gov.au/ may be made in lieu of requisitioning for evidence of the change of name of a registered company. Marginally note the dealing as to the action taken.

Corporation card maintenance

On registration of a change of name of acompany, association, etc for which a card has not previously been filed, add a new record in ITS via the corporate card maintenance menu as follows:

  • new company name and ACN
  • old company name and ACN
  • evidence dealing number
  • evidence date

Registration procedure

Affecting the registered holder

CODE (name)    P, C or Q  [new name; include all current registered holders]

TENANCY    S, J2 etc, T etc.

Affecting a term transfer

TRANSACTION    click 'Cancel' and select 'UNDR'

PRIME CODE    code of term transfer as shown on the WAL folio

PRIME NO.    number of term transfer

SUB CODE UWTTC

CODE (name)    P, C or Q  [new name; include all current term transferees]

Affecting a  mortgage or charge

TRANSACTION    click 'Cancel' and select "MOD"

PRIME CODE    code of mortgage or charge as shown on the WAL folio

PRIME NO.    number of mortgage or charge

CODE (name)    P, C or Q  [new name; include all current mortgagees/chargees]

DETAILS  (See [dealing numbers of previous notifications that changed mortgagee or chargee] [number of Change of Name])

Note  Previous under notifications that changed the mortgagee/chargee must be removed by Departmental Dealing. The dealing numbers of the removed notifications must then be added to the oncoming Change of Name dealing number in the free text field in chronological order, e.g: AA123 Mortgage to Smith Bank Pty Ltd. See dealings AB456 AC789

Processing Additional Information to be Provided form

CODE        WADDR

DETAILS    [Contact licence holders details for each WAL as shown on 'Additional information to be provided' sheet.]