Annulment of Bankruptcy

Form 04BAN (PDF 100 KB)

Dealing type - BN

Legislation

  • s90 Real Property Act 1900
  • Bankruptcy Act 1966 (Commonwealth)

Stamp duty - not required

Certificate of Title - required. Not required for a bankrupt lessee, mortgagee or chargee

NOS form - required for:

  • a change of the First Schedule
  • a change of the lessee of a Crown land tenure Term Lease or Crown land Real Property Act lease.

Panels 1, 2, 3B and 5 require completion.

Not required for a time-share title.

Standard form of Caveat - prevents registration.

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

For cancellation of a charge pursuant to the Bankruptcy Act 1966, see Greg Stilianou, Land Titling Law and Practice in NSW, Lawbook Co. 2013 [7.230]. Also see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [35.100].

(A)  The reference to title for the affected land must be stated.

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

(D)  The full name of the registered proprietor holding in trust for the bankrupt must be stated and be identical to the name shown on the Register.

(E)  The full name of the person in whom the estate or interest is to be vested must be stated.

Note

  • the person need not be the bankrupt and
  • where a joint tenancy was severed by the bankruptcy, the party to be vested in the estate or interest by the annulment will hold as a tenant in common in shares equivalent to the original joint tenancy. The joint tenancy may only be re-established by lodgment of a subsequent transfer.

(F)  An office copy of the Order must be furnished.

(G)  The appropriate clause must be completed and the inappropriate clause must be deleted and verified.

(H)  The dealing must be executed by the applicant and be witnessed, or it may be executed on their behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised officer and witnessed Licensed conveyancer
Applicant Tick Cross Tick Cross

See additional execution requirements for companies, witnesses etc pages.

(I)  This section is to be completed where the notice of sale data (see NOS form above) has been forwarded to LPI through the eNOS facility.

Staff processing information

Refer to Legal through the Senior Examining Officer.

Registration procedure

Proceed with registration as directed.

TRANSACTION RP

CODE (name)  P, C or Q  [name of applicant; include all current registered proprietors. Note the applicant cannot hold as a joint tenant.]

TENANCY  S, J2 etc, T etc.