Charge

Form 06C (PDF 150 KB)

Dealing Type - C

Legislation - s56(2) Real Property Act 1900

Stamp duty - Required 

Where the charge was executed before 1/7/2016. Any alteration that increases the principal sum must be marked.

Certificate of Title - required. Also required for the servient tenement where an easement is being created by the charge.

NOS form - not required

Standard form of Caveat - prevents registration.

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

The dealing must not include any reference to the charger or chargee being a trustee, executor or administrator for another party.

Note  Before the Real Property (Computer Register) Amendment Act 1979 commenced a charge was known as and registered as an encumbrance. An encumbrance shown on a title is treated in the same manner as a charge.

See covenant charge; also see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [65.600].

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

Where the charge is creating an easement, enter the reference to title for the servient tenement in ITS. See s56(4) Real Property Act 1900; Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [140.400].

(C) The full name of the charger must be stated and must be identical to the name of the registered proprietor as shown on the Register.

(D) The estate being charged must be shown, e.g. fee simple, leasehold.

(E) The relevant annexure and/or memorandum must be identified. If either is not applicable reference to it must be deleted, and subsequent references to 'Annexure/Memorandum' must be amended accordingly.

(F) The type of payment to be secured must be stated, eg rent-charge, annuity.

(G) Where other mortgages, leases, charges, and/or covenant charges are lodged together the charge, the Encumbrances must indicate the priority of registration, or an accompanying letter by the party ceding priority must set out the order of registration.

A writ must be noted in the Encumbrances, or the Court must consent to the charge, or the writ must be removed.

(H) The full name of the chargee must be stated.

(I) Tenancy/shares must be stated where there is more than one chargee. Reference to the tenancy/shares will not be entered on the Register.

(J) The dealing must be executed by the charger and the chargee and be witnessed, or be executed on their behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Charger Tick Cross Tick Cross
Chargee Tick Tick Tick Tick

See execution requirements for companies, witnesses etc. pages

Staff processing information and registration procedure

Refer to SM99

where the charge appears to create an easement.

Registration procedure

PRIME CODE   C

CODE             P, C or Q  [name of chargee]

Refer to Legal through the Senior Examining Officer

in the case of a charge pursuant to:

s139ZN Or s139ZR Bankruptcy Act 1966 (Commonwealth)

s189AB Bankruptcy Act 1966 (Commonwealth)

Contaminated Land Management Act 1997

Criminal Assets Recovery Act 1990

Fines Act 1996

Proceeds of Crime Act 1987

Protection of the Environment Operations Act 1997

Social Security Act 1991

Victims Rights and Support Act 2013

Registration procedure

PRIME CODE    CH

[Act to pursuant to which the charge was created]

In all other cases

If in order proceed with registration as follows:

Registration procedure

PRIME CODE    C

CODE       P, C or Q  [name of chargee]

Go to NSW Legislation website www.legislation.nsw.gov.au/
Go to Commonwealth of Australian Consolidated Acts website www.austlii.edu.au/au/legis/cth/consol_act/