Memorandum

Form 16LM (PDF 500 KB)

Dealing type

BM (miscellaneous memorandum)

CM (charge memorandum)

GM (Crown memorandum)

LM (lease memorandum)

MM (mortgage memorandum)

Legislation - s80A Real Property Act 1900 (leases)

Stamp duty - not required

Certificate of Title - not required

NOS form - not required

Standard form of Caveat - does not prevent registration.

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

A memorandum with a plan attached that is not required for a description of premises and that does not contain a reference to title may be registered without referral to SM99.

A memorandum with a plan attached that is required for a description of premises must state the reference to title for the affected land. An extra fee is payable for a plan annexed to the memorandum. The memorandum must be accepted as a Request (Dealing Code 'R'). Refer to SM1.

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

(C) The number of pages in the memorandum including the cover sheet page must be stated.

(D) For a lease memorandum, the clause number containing an option to renew and/or purchase must be stated.

(E) The memorandum must be signed by the applicant or the applicant's representative.

The pages containing the text of the provisions must be numbered consecutively from number 2. Blank pages are not to be numbered and must be ruled through and initialed by the applicant.

The clauses must be numbered consecutively from number 1.

Only the first and last of the pages containing the text of the provisions need be signed by the applicant or the applicant's representative.

Staff processing information

A memorandum with a plan attached that is required for a description of premises must state the reference to title for the affected land.

The memorandum must be accepted as a Request (Dealing Code 'R').  An extra fee is payable for a plan annexed to the memorandum. Refer to SM1.

If in order proceed with recording except for the following.

Refer to SM1

Where a memorandum, accepted as a Request, contains a plan required for a premises description and a reference to a title.

Registration procedure

For a lease memorandum

DEALING TYPE    LM

At the Update/View Memorandum Details screen:

OPTIONS TO RENEW    [number of years]
[clause number] or select required option.

OPTION TO PURCHASE    click Yes if applicable.

For a memorandum with a plan affecting a retirement village

DEALING TYPE    R

NOTIFICATION CODE    RVLM

DETAILS    [description]. 

For SM1

Where a memorandum, accepted as a Request, contains:

  • a plan relating to a lease or retirement village, a notification is entered on the appropriate title referring to the memorandum dealing number and any relevant details.
  • a proposed Strata plan, a notification is entered on the title for the affected land: A Proposed Strata Plan Is Filed With Memorandum [dealing number].

Note  A Departmental Dealing may be prepared and registered to place all memorandum and Request notifications together in order of lodgment as close as is practicable to the top of the Second Schedule of the affected title.