Property seizure order

Form  09PS (PDF 48 KB)

Dealing type - PS

Legislation - s105 Real Property Act 1900

                   - s72 Fines Act 1996                   

Stamp duty - not required.

Certificate of Title - not required.

NOS form - not required.

Standard form of Caveat - does not prevent registration except where items 1 and 7 have been selected in Schedule 2 of the caveat. If items 1 and 7 have been selected, requistion 'caveat noted on the Register'.

Priority Notice noted on the Register - see Priority Notice page.

A property seizure order operates as a writ for the levy of property issued by the Local Court under Part 8 of the Civil Procedure Act 2005, and for that purpose the Commissioner of Fines Administration is taken to be the judgment creditor. Such a writ for the levy of property falls within the definition of 'writ' in the Real Property Act 1900. Therefore a property seizure order will be recorded as a writ on the register, and sections 105-105D of the Real Property Act 1900 will apply to that recording.

See time periods related to writs information.

The term 'property seizure order' used herein also includes any subsequent or further property seizure orders.
A property seizure order issued by the Commissioner of Fines Administration pursuant to s72 Fines Act 1996 does not create an interest in land.
 A property seizure order recorded on the Torrens Title Register as a writ:

  •  allows the Sheriff of the Court to sell the estate or interest of the registered proprietor during the currency of the property seizure order and
  •  ensures a sale by the Sheriff will not be prevented by the registered proprietor by protecting the estate or interest affected from being disposed of by the registered proprietor within the initial 6 month period from the recording of the property seizure order (or less if limited by the currency of the property seizure order).

A property seizure order is current for 12 months from the date of issue. A property seizure order may be lodged during the currency of the property seizure order. 

A property seizure order will not be recorded where:

  • the fine amount is less than $10,000.
  • the fine defaulter is not the current registered proprietor.
  • the land is held in a fiduciary capacity, unless a statutory declaration is furnished stating that the property seizure order is against the fine defaulter in that fiduciary capacity, see s105(3) Real Property Act 1900.
  • there is already a property seizure order recorded as a writ in the folio of the Torrens Title Register for the same fine amount, unless that property seizure order is first cancelled, see s105(5) and s105D(1)(a) Real Property Act 1900.

A property seizure order that is recorded as writ will be removed from the Torrens Title Register by the next dealing lodged where 12 months has elapsed from the expiry of the currency of the property seizure order.

(A) The reference to title for the land affected by the property seizure order must be stated.

(B) The registered number of the lease, mortgage or charge affected by the property seizure order must be stated. The reference to title for the land affected by the property seizure order must be stated.

(D) The full name of the fine defaulter must be stated and must be identical to the name of the registered proprietor of the relevant estate or interest as shown on the Torrens Title Register, and on the sealed copy of the property seizure order attached. A discrepancy in the names may be explained in the statutory declaration set out at Note (H).

The property seizure order can be against less than all of the registered proprietors. The ACN or ARBN of a company etc. is not required.

(E) The judgment creditor must be the Commissioner of Fines Administration.

(F) The property seizure order number & the date of issue must be stated. The details must correspond with the details in the sealed copy of the property seizure order which must be lodged with the application.

Note A copy of the property seizure order certified by the Sheriff is acceptable.

(G) Delete if the property seizure order is against all of the registered proprietors.

(H) The statutory declaration must be made by the applicant, the applicant's attorney, solicitor or barrister, or an authorised officer (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 must be inserted and the alteration verified.

The statutory declaration must include the verification steps taken to confirm that the fine defaulter and the registered proprietor are identical, e.g. using the procedure of an examination summons. An Owner Inquiry search will not, of itself, normally suffice for this purpose.

Staff processing information

Warning a property seizure order operates as a writ, and their affect on other dealings can be very complex. Any doubt must be referred to the Off-line Team Leader DRD2 through the Senior Examining Officer.

Note Since a property seizure order does not bind the estate or interest of the fine defaulter until it is recorded, the Commissioner of Fines Administration or a purchaser from the Sheriff pursuant to the property seizure order could be disadvantaged by undue delay in examination and registration. To minimise this risk all action taken must be urgent and the following practices must be observed:

  • if the only verification step undertaken is an Owner Inquiry search, the case must be placed in a red packet and taken by hand to Legal Services Division.
  • where the manual folio of the Torrens Title Register is full, the property seizure order must be recorded wherever it can be fitted in. In extreme cases an extra sheet may be added.
  • where, at the time of lodgment of the property seizure order, an unregistered dealing is noted on the Torrens Title Register refer the case to DRD2.
  • where an unregistered plan is noted on the Torrens Title Register, the case must be initially referred to the Senior Folio Management Officer SM1 to establish the status of the plan before referring the case to DRD2.

Note  Where the property seizure order must be referred for further investigation, place the case in a red packet and take by hand. The case location must be updated in ITS.

If in order proceed with registration except for the following.

Refer to DRD2 through the Senior Examining Officer

Where a property seizure order is lodged and there is an unregistered dealing is noted on the Register.

Refer to SD1

Where the property seizure order must be referred to the Off-line area.

Refer to SM1

Where an unregistered plan is noted on the Register. (For SM1: establish the status of the plan and refer the property seizure order to DRD2).

Refer to Legal Services through the Senior Examining Officer

If only verification step undertaken is an Owner Inquiry search, the case must be placed in a red packet and be taken by hand to Legal Division.

Registration procedure

Property Seizure Order

PRIME CODE    PS (Writ by Commissioner of Fines Administration)

DETAILS    Affecting the Interest/ Share Of [name of fine defaulter] Property Seizure Order No. ... Issued ...1.

Property Seizure Order affecting a lease, mortgage or charge

PRIME CODE    click Cancel

TRANSACTION    UNDR

PRIME CODE    code of lease etc. as shown on the Register

PRIME NO.    number of lease etc.

SUB CODE

ULW (lease)

UMW (mortgage)

UCW (charge)

DETAILS (writ)    e.g. Writ by the Commissioner of Fines Administration Affecting the Interest/ Share Of [name of fine defaulter] Property Seizure Order No. ... Issued ...1.

1    ensure the correct date of issue is entered. Refer any doubt to the Senior Examining Officer.