Request for production of certificate of title

Request form 11R (PDF 150 KB)

Dealing type - R

Legislation - s12(1)(a) Real Property Act 1900

(A) 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.

Where the certificate of title is required for the registration of a dealing and the holding party will not produce the title on request, a party to the dealing can request the Registrar General to direct the holding party to produce the title. Non-compliance by the holding party will not prevent registration of the dealing and a notification as to the non-production will be entered on the Torrens Title Register.

Note  Action pursuant to s12(1)(a) Real Property Act 1900 will not be taken where the applicant, and not the holding party, would ordinarily receive the certificate of title following registration of the subject dealing, e.g. a transfer or first mortgage. See s138 Real Property Act 1900.

(B) The reference to title for the land affected by the request must be stated.

(C) The registered number of the interest affected by the request must be stated. The reference to title for the land affected by the request must be stated.

(E) The full name of the applicant must be stated.

The applicant must be the party requiring production of the certificate of title for the registration of a dealing that is otherwise in registerable form.

(F) A short description of the nature of the request and relevant legislation must be stated.

(G) Full details of the request must be stated.

The reference to title, the name of the person holding the title and the number of the dealing awaiting registration must be stated.

A statutory declaration by the applicant must accompany the dealing stating:

  • the full postal address of the holder of the certificate of title
  • that formal demand for production has been made on the holder
  • the details of the manner of that demand
  • that the holder refused production even after tendering of the production fee and
  • the grounds of refusal.

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

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Applicant Tick Tick Tick Tick

See execution requirements for companies, witnesses etc pages.

(I) Not to be completed (see NOS form above).

See Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [475.200].

Staff processing information

After connection to the subject dealing refer to Legal through the Senior Examining Officer.

Registration procedure

Proceed with registration as directed.

Following production of the certificate of title

Register the subject dealing.

Register the Request:

TRANSACTION    HIST.

Following non-production of the certificate of title

Register the subject dealing.

Register the Request:

TRANSACTION    ON

PRIME CODE    NPCT

DETAILS    [dealing type and number] Has Been Entered On The Certificate Of Title, Production Of Which Has Been Dispensed With

DELIVERY DETAILS    NOCT.