News

On 23 December 2022, the Supreme Court of NSW in Brose v Slade 2022 NSWSC 1785 determined that the electronic caveat form should offer “beneficial estate or interest (or similar)” as the estate or interest type claimed, with several claim categories to follow “by virtue of” to describe each of the possible types of trust.

The Office of the Registrar General is looking closely at possible changes to the electronic caveat form to address the matters raised in the judgment. However, any such change will take some time given the technical nature of implementing changes to the electronic conveyancing system.

In the interim, Subscribers who need to lodge a caveat in the same form espoused in Brose v Slade will need to do so as a Dealing with Exception (DwE) pursuant to Lodgment Rules exception 1.4.3 – that is, where written evidence from NSW Land Registry Services (NSW LRS) is furnished confirming that the transaction cannot be processed electronically. Subscribers therefore must first contact NSW LRS at [email protected] and request the written evidence before electronically lodging the DwE attaching the caveat.

For further information about lodgment of caveats, please contact NSW Land Registry Services on 02 8776 3575 or 1300 398 076 (regional callers).