News

On the updated electronic caveat form, Subscribers will be able to select ‘Equitable Interest Arising From A Trust’ as the estate or interest claimed and then select from the following claim categories:

• Beneficial Interest In Constructive Trust
• Beneficial Interest In Deceased Estate
• Beneficial Interest In Resulting Trust
• Beneficial Interest In Trust
• Trustee of Trust

Once the electronic caveat form is updated, Brose v Slade caveats will no longer fall into Lodgment Rules exception 1.4.3, and will not be able to be lodged as a DwE, unless another relevant circumstance applies.

Further caveats under section 74O Real Property Act 1900

Section 74O(2)(b) Real Property Act 1900 allows for the recording of a further caveat by the same caveator for the same estate or interest if consented to by the registered proprietor.

Due to a change in the caveat certifications, Subscribers will be able to lodge a further caveat using the updated electronic caveat form, offering a more efficient alternative to completing a DwE under Lodgment Rules exception 19.4.

Subscribers are encouraged to use the electronic caveat form, which leverages pre-populated land title data to help reduce errors and streamline the lodgment process. The DwE option will remain available for those who prefer it.

For more information, please refer to the Registrar General’s Guidelines on lodging a caveat.

Optional Email Address for the Caveator

Subscribers will also soon have the option of providing an email address for the caveator if desired. However, service by email is currently not a permissible method of service on the caveator for the purposes of section 74N Real Property Act 1900. Any email address provided for the caveator cannot be used for service of notices.

Transfers and Transmission Applications

Attaching a Statutory Declaration

The electronic Transfer or Transmission Application dealing forms will be updated so that Subscribers will be able to add a ‘Statutory Declaration’ attachment type, e.g. when removing an expired lease.

A Transfer or Transmission Application that needed to be lodged with a statutory declaration previously had to be lodged as a DwE. Once these forms are updated, this scenario will no longer fall into Lodgment Rules exception 1.4.3, and will not be able to be lodged as a DwE, unless another relevant circumstance applies.

Updated Certifications

The updated version of the Certification Rules (as specifed by Schedule 3, NSW Participation Rules Version 7) will be automatically applied to all workspaces created after this upgrade. The new wording of the Certification Rules differs slightly from the previous version.

While this change has minimal practical impact on Subscribers, it aligns NSW with the latest version of the Participation Rules.

Registrar General’s Guidelines

The Office of Registrar General reminds Subscribers that information on how to prepare dealings for lodgment is available in the Registrar General’s Guidelines.

These Guidelines will be updated to reflect the changes introduced as part of this technical upgrade.

Available Support

For enquiries about the updated certifications, please contact the Office of the Registrar General at registrar.general@customerservice.nsw.gov.au.

For assistance or enquiries about all other changes introduced through this technical upgrade, please contact NSW LRS at eConveyancingNSW@nswlrs.com.au. Alternatively, you can contact LRS on 02 8776 3575 or 1300 398 076 (regional callers).