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

Minute Papers

Connecting cases

The following applies to Torrens Title land and Water Access Licences.

When connecting one case, e.g. T123, to another case, e.g. take the following action:

  • connect the cases in ITS
  • enter a minute on the minute papers for T123 stating, T123 etc has been connected to T456 (which becomes the leading number)
  • enter a minute on the minute papers for T456 stating, 'The minute papers and T123 etc are connected and herewith in order for registration subject to ...', if further action is to be taken
  • list the dealings in case T123 in the Connected Numbers panel on the minute papers for case T456 and
  • attach the minute papers and any attached evidence for case T123 to the back of the minute papers for case T456.

Minute Papers

The following applies to Torrens Title land and Water Access Licences.

Once dealings have been accepted for lodgment a case location paper form 10-0150 must be prepared if registration is delayed. Complete the case location paper as follows:

Dealing Type(s)  Set out the dealing types of the original dealings in the case, e.g. DM, T, M.

Dealing No.(s)  Set out the dealing numbers of the original dealings in the case, e.g. T123/4/5.

Survey Titles Required  Ignore.

Torrens Title Required  List all references to title affected by the case.

Connected Numbers  List all dealings subsequently connected to the case.

Table No.  State the table number of the Examining Officer examining the case. If another Officer takes over the case the Table No. must be changed.  Note Do not enter a table number for cases forwarded directly from the Advance and Personal Lodgment Sections.

Retain State  the period for which the papers are to be kept, e.g. '3 years until [year]' or 'Permanent'. If the papers are not to be retained rule through the panel.

Leading Number State  the number of the first dealing in the case.  Note If another dealing is subsequently used as the leading dealing or the first dealing is separated from the case, the new leading number must be inserted.

In order for registration subject to the following qualifications: Set out the case location and the resubmit date if the case is sent to File.

The following points must be noted when writing minutes in the ITS Minute Paper module and on existing manual minute papers:

  • details of the requisition, action to be taken, submission etc must be set out clearly and concisely.
  • all actions etc directed to the same location must be contained within the same minute. Each particular action must be identified by letter within the minute, e.g:

3.(a) For check of description.
   (b) For form of notification.
   SM99.

  • where a requisition etc is satisfied, write 'Satisfied' across or adjacent to the minute; do not obscure the minute.
  • where the front page of any minute paper is full the last person to minute that page must fill out the back. Where both pages are full the last person to minute the back page must fill out a fresh minute paper and attach it, folded in half, to the front of the minute papers.
  • a minute paper must not be filmed with or attached to a dealing. If the minute paper is to be kept it must be marked 'Retain' and forwarded to the Public Records Section.

Minute writing

The following applies to Torrens Title land and Water Access Licences.

Minute writing must be clear and concise. The minute paper must contain a precise record of the action taken up to completion of the case. Refer any doubt as to the form or content of a minute to the Senior Examining Officer.

Separating dealings

The following applies to Torrens Title land and Water Access Licences.

Any dealing, except for a Real Property Act lease of premises, must be referred to the Senior Examining Officer for approval before separation from a case. Take the following action:

  • separate the dealing in ITS
  • note the minute paper, e.g:

4. Lease X345678 separated and released for registration [date]; and

  • rule through the dealing number in the Connected Numbers column on the case location paper paper.

Note  Care must be taken as regards the examination requirements of the dealing in relation to other dealings in the case and to delivery of the certificate of title. Refer any doubt to the Senior Examining Officer.

Submissions

The following applies to Torrens Title land and Water Access Licences.

A submission may be made on a minute paper where a decision or judgment by another Officer is required. The minute must state clearly the nature of, and reason for, the submission. It must be borne in mind that the recipient will address only the issue raised in the minute.

Submissions and other minutes must maintain a logical sequence, and be clear and concise. Thus if a dealing has to be submitted to Legal Division and then to Folio Management Section, the minute paper may be set out as follows, e.g:

Re: Transfer E987

1.(a) For check of description.
   (b) For form of notification.
   SM99.

Re: Lease E988

2. Referred for investigation and direction re the term.
Legal.

3. As in min. 2 then to SM99 re min. 1.
Legal.

Note

  • the actions to be taken are set out in reverse order and
  • all submissions to Legal must be directed through the Senior Examining Officer.