Application to dispense with production of Certificate of Title lost after settlement

Form 12AL (PDF 374.4 KB)

Dealing type - AL

Legislation - s38(2) Real Property Act 1900

Stamp duty - not required

NOS form - not required.

Standard form of Caveat - does not prevent registration.

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

The following instructions relate to the marginal letters on the form

(A)  The reference to title must be stated. More than one certificate of title may be included in the application providing:

  • they are all in the name of the same registered proprietor and
  • they were lost in the same circumstances.

(B)  The full details of the lodging party must be entered including the customer account number if any.


(C)  The full name of the Applicant and capacity must be stated. The Application may be made by:

  • a solicitor
  • a licensed conveyancer
  • a financial institution
  • a statutory authority 

(D)  The Application must be lodged in conjunction with other dealings. The types of dealings lodged with the Application must be stated, e.g. Discharge of Mortgage, Transfer, Mortgage etc. A Withdrawal of Caveat or Writ lodged with the application must also be accompanied by a dealing that requires use of the certificate of title and upon which a title will issue.

Where an  ADI financial institution has lost the CT at settlement and are lodging, or  a solicitor or licenced conveyancer is lodging, an Application to dispense together with a mortgage on their behalf,  verification of identity is not required. 

Note A solicitor or a licenced conveyancer lodging an ‘Application to dispense with production of Certificate of Title lost after settlement’ together with a dealing other than a ADI financial institution mortgage, requires verification of identity.

(E)  The Statutory Declaration must be made by the applicant and their full name stated. Where the applicant is a financial institution or statutory authority, the declaration must be made by an authorised officer and the nature of the authority must be disclosed. The declaration 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 inserted and the alteration verified.

Supporting evidence required

The Registrar General may require further evidence by way of statutory declaration to support the Application.

Identification required

The Conveyancing Rules standardised formal verification of identity and authority (right to deal) requirements.

Original or certified copies of documents produced must be current, except for an expired Australian Passport which has not been cancelled and was current within the preceding 2 years.  Any doubts see Supervisor / Team Leader. 

The minimum documentation required must meet all the requirements in one of the Categories below: 

Category

Minimum Document Requirements


For Persons who are Australian citizens or residents:     

1

Australian Passport or foreign passport

plus Australian drivers licence or Photo Card

plus change of name or marriage certificate if necessary 

2

Australian Passport or foreign passport

plus full birth certificate or citizenship certificate or descent certificate

plus Medicare or Centrelink or Department of Veterans’ Affairs card

plus change of name or marriage certificate if necessary

 3

 Australian drivers licence or Photo Card

 plus full birth certificate or citizenship certificate or descent certificate

 plus Medicare or Centrelink or Department of Veterans’ Affairs card

 plus change of name or marriage certificate if necessary

4

 (a) Australian Passport or foreign passport

 plus another form of government issued photographic identity Document

 plus change of name or marriage certificate if necessary

 (b) Australian Passport or foreign passport

 plus full birth certificate

 plus another form of government issued identity Document

 plus change of name or marriage certificate if necessary

 5

 (a) Identifier Declaration

 plus full birth certificate or citizenship certificate or descent certificate

 plus Medicare or Centrelink or Department of Veterans’ Affairs card

 plus change of name or marriage certificate if necessary.

 (b) Identifier Declaration by a Person specified in Verification of Identity

 Standard paragraph 4.4(e)*

 plus Medicare or Centrelink or Department of Veterans’ Affairs card

 plus change of name or marriage certificate if necessary.

 

Note: Refer to Verification of Identity Standard paragraph 4* 

   For Persons who are not Australian citizens or residents:
 6

 (a) Foreign passport

 plus another form of government issued photographic identity Document

 plus change of name or marriage certificate if necessary

 (b) Foreign passport

 plus full birth certificate

 plus another form of government issued identity Document

 plus change of name or marriage certificate if necessary. 

*Paragraph 4.4(e) Schedule 8 NSW Participation Rules for Electronic Conveyancing

Note

  • If categories 1 to 4 cannot be met, Category 5(a) may be used (see Identifier Declaration below).
  • A document containing text in a foreign language must be accompanied by an English translation. The translation must be signed on each page by the interpreter and be identified as an accurate translation of the document.
  • A ceremonial marriage certificate is not acceptable as supportive evidence.

A copy which is certified in NSW must be certified by one of the following:

  • a justice of the peace
  • a notary public
  • a commissioner of the court for taking affidavits
  • a solicitor authorised by subsection (1) of section 27, Oaths Act 1900 to take and receive any affidavit
  • another person by law authorised to administer an oath.

Identifier Declaration

An Identifier Declaration certifies the identity of the person being referenced. The identity of the declarant must be supported by original or certified copies of documentation that meets all of the requirements in one of the categories numbered 1 to 4 in the table above.

The Identifier Declaration is in the form of a Statutory Declaration detailing the following:

  • the Identity Declarant’s name and address and
  • the Identity Declarant’s occupation and
  • the Identity Declarant’s date of birth and
  • the nature of the Identity Declarant’s relationship with the Person Being Identified and
  • that the Identity Declarant is not a relative of the Person Being Identified and
  • that the Identity Declarant is not a party to the Conveyancing Transaction(s) the Person Being Identified has or is entering into and
  • the length of time that the Identity Declarant has known the Person Being Identified and
  • that to the Identity Declarant’s knowledge, information and belief the Person Being Identified is who they purport to be.

If category 5(a) cannot be met, Category 5(b) may be used and -

The Identifier Declaration must be made by a person who is an Australian Legal Practitioner, a Bank Manager, Community Leader, Court Officer, Doctor, Land Council Officeholder, Licenced Conveyancer, Local Government Officeholder, Nurse, Public Servant or Police Officer.

Staff processing information

If all dealings are in order, proceed with registration. An Evidence Number must be allocated to any identification documents furnished.

Registration procedure

PRIME CODE:  ALC

This will generate the notification: 'This edition has issued as a consequence of the loss of the prior title/edition, production of which has been dispensed with pursuant to s38(2) Real Property Act 1900.'

The notification will automatically be removed upon issue of the subsequent edition of the folio.

Delivery details

A new certificate of title will issue to the Lodging Party upon registration of the accompanying dealings.