Claim for Compensation from the Torrens Assurance Fund
Any person who suffers loss or damage as a result of the operation of the Real Property Act 1900 (RPA) in the circumstances set out in section 129 of the RPA may make a claim for compensation from the Torrens Assurance Fund (Claim).
A person may only make a Claim if the loss or damage occurred, or was suffered, less than 6 years ago.
If the loss or damage has been suffered because of the fraud or negligence of a solicitor or licensed conveyancer, the matter should be referred:
- in the case of a solicitor, to the Law Society of New South Wales; or
- in the case of a licensed conveyancer, to the Department of Fair Trading.
If your Claim:
- relates to an error or omission by NSW Land Registry Services;
- the issues are straight forward; and
- the amount claimed is less than $5000,
rather than lodging a Claim, a letter setting out the relevant details may be addressed and sent to NSW Land Registry Services:
Attention: Legal and Dispute Resolution Services
Level 3, 1 Prince Albert Road
Sydney NSW 2000
How to apply for Compensation from the Torrens Assurance Fund
- Read the torrens assurance fund information sheet.
- Complete and print the claim for compensation from the torrens assurance fund form. All fields must be completed and the amount claimed must be specified. If the space provided at item 4 is insufficient, please attach additional pages and number them consecutively.
- Attach copies of all information and evidence in support of the Claim, to the completed form.
- Post your completed form and all attachments to:
Attention: Torrens Assurance Fund Claims
Office of the Registrar General
2-24 Rawson Place
Sydney NSW 2000
When the Registrar General may refuse a Claim
The Registrar General may refuse your Claim in certain cases. Examples of the reasons that your Claim may be refused include:
- if the loss or damage occurred, or was suffered, more than 6 years ago;
- if the loss or damage was not suffered as a result of the operation of the RPA;
- if the loss or damage was caused by the fraud or negligence of a solicitor or licenced conveyancer;
- if the loss or damage was suffered as a result of your conduct; or
- if the loss or damage has been offset by a benefit.
If we reject your Claim, the form and all supporting information and evidence will be retained by us.