Bankruptcy Application

Form  04BAP (PDF 100 KB)

Dealing type - BA

Legislation

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

Stamp duty - not required

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

NOS form - required for a change of:

  • the First Schedule or
  • 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 - does not prevent registration.
Where a caveat is recorded on title and the caveator is not the Trustee in Bankruptcy, submit case to Leg99 to determine if caveat may be removed on registration of the bankruptcy application.

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

The appointed trustee replaces the bankrupt registered proprietor on the Register. If the bankrupt holds as a joint tenant, the tenancy is severed and the incoming trustee will hold as a tenant in common with the other proprietors. The other proprietors retain the tenancy/shares held among themselves.  Two or more trustees must hold as joint tenants between themselves.

Also see:

See Greg Stilianou, Land Titling Law and Practice in NSW, Lawbook Co. 2013 re:

  • bankruptcy application (general) [7.20]
  • documents to be lodged with the bankruptcy application [7.120] – [7.140]
  • bankruptcy applications supported by a sequestration order (creditor’s petition) [7.30]
  • bankruptcy applications supported by a debtor’s petition [7.40]
  • bankruptcy applications supported by a personal insolvency agreement [7.50]
  • bankruptcy applications when there is a second or subsequent bankruptcy [7.70]
  • bankruptcy applications when there is an administration order in deceased debtor’s estate by creditor [7.80]
  • bankruptcy applications when there is an administration order in deceased debtor’s estate by personal legal representative [7.90]
  • bankruptcy applications when creditors appoint a registered trustee to replace the official trustee [7.100]
  • interplay between a caveat and a bankruptcy application [7.240] – [7.270]

Also see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 re:

  • cancellation of a charge pursuant to the Bankruptcy Act 1966 [35.100]
  • controlling trustees (s188 Bankruptcy Act 1966 authority) [30.900]
  • controlling trustees (s190 Bankruptcy Act 1966 authority) [31.000]
  • dealings by the Official Trustee in Bankruptcy [30.500]
  • dealings by trustees of a bankrupt [30.800, .900]
  • disclaimer by the trustee of a bankrupt lessee [35.450]
  • disclaimer by the trustee of a bankrupt registered proprietor [35.400]

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

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

(E)  If other than the Official Trustee in Bankruptcy, the full personal name and capacity of the applicant must be stated. No evidence of the vesting is required.

(F)  The relevant section of the Bankruptcy Act 1966 must be stated.

(G)  The basis for the application must be stated.

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

Attorney and witnessed Solicitor or Barrister Authorised officer and witnessed Licensed conveyancer

Official Trustee in Banruptcy 

 

Other applicant

Tick

 

 

Tick

Tick

 

 

Cross

Tick

 

 

Tick

Tick

 

 

Cross

Execution by affixing the seal of The Official Trustee in Bankruptcy must be attested, and the capacity of the person must be stated.

See 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

The applicant must claim pursuant to either:

  • a deed of assignment. The date must be stated
  • a resolution of creditors under the Bankruptcy Act 1966.  The particular section must be stated
  • an Order made under Part XI Bankruptcy Act 1966.  The date of the Order must be stated or
  • a Debtors Petition under s156A(3)Bankruptcy Act 1966.

If in order proceed with registration.

Refer to Leg99

  • If the application is made pursuant to a claim other than one of the abovementioned claims it must be referred to Legal through the Senior Examining Officer.
  • Where a caveat is recorded on title and the caveator is not the Trustee in Bankruptcy.

Note  A 'Notice of Severance of Joint Tenancy' form is not required to be sent where a joint tenancy is severed by the application.

Registration procedure

TRANSACTION  RP

CODE (name)  P, C or Q (name of trustee; include all current registered proprietors)

TENANCY  S, J2 etc, T etc.

Affecting a lease

TRANSACTION  UNDR

PRIME CODE  code of lease as shown on the Register

PRIME NO.  number of lease 

SUB CODE  ULAP

DETAILS  Application. Lessee etc Now (name of trustee and any other current lessees etc)

Affecting a mortgage or charge

TRANSACTION  MOD

PRIME CODE  code of mortgage or charge as shown on the Register

PRIME NO.  number of mortgage or charge

CODE (name)     P, C or Q [name of all current mortgagees/chargees].

DETAILS  (See [dealing numbers of previous notifications that changed mortgagee/chargee] [number of Bankruptcy Application]).