Transfer of a timeshare

Form  01TF (PDF 100 KB)

Dealing type - TF

Stamp duty - required. The number of title references indicated as marked by Revenue NSW must agree with Note (A).

Any alteration to the title reference, tenancy, interest/share, consideration, or change to the names of the parties must be marked. A minor change in spelling that does not alter the identity of a party, or an alteration of the estate from fee simple to leasehold, may be ignored. The addition of a name must be marked.

Certificate of Title - required.

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 transferor or transferee being a trustee, executor or administrator for another party.

(A)  The reference to title for the timeshare being transferred must be stated.

(C)  The full name of the transferor must be stated (and in the case of a corporation must include its ACN) and must be identical to the name of the registered proprietor as shown on the Register.

A transfer by:

  • a company under administration must be drawn in the name of the company and the name must be followed by the words 'under administration'
  • a company in liquidation must be drawn in the name of the company and the name must be followed by the words 'in liquidation'
  • a company in receivership must be drawn in the name of the company and the name must be followed by the words 'in receivership'.

A transfer pursuant to an Order of the Family Court of Australia must be drawn in the name of the relevant registered proprietor as transferor, see Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [395.250].

(D)  The consideration is optional.

(E)  If other than an estate in fee simple is being transferred, the words 'fee simple' must be deleted and the appropriate estate inserted. If more than one type of estate is being transferred, the particular estate of the references to title at Note (A) must be indicated.

A transfer may create a life estate and estate in remainder. The type of estate to be held by the transferee must be stated, e.g. by using defining words such as 'for life', 'for the term of his/her life', 'for an estate in remainder' etc.

(F)  The share being transferred must be stated. Only complete if less than the whole of the transferors interest or share is being transferred.

(G)  A writ must be noted in the Encumbrances, or the Court must consent to the transfer, or the writ must be removed.

(H)  The full name of the transferee must be stated (and in the case of a corporation must include its ACN).

A transfer by direction, ie. intervening parties between the transferor and the transferee, must state the full name of the transferee. The full names of the intervening parties may also be shown either on an annexure or at Note (C). See Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [549.500].

(I)  Tenancy/shares must be stated where there is more than one transferee.

(J)  The dealing must be executed by the transferor and the transferee and be witnessed, or it may be executed on their behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Transferor Tick Cross Tick Cross
Transferee Tick Tick Tick Tick

A transfer by a company under administration, in liquidation or in receivership must be executed by the administrator, liquidator or receiver and the capacity must be stated. The dealing may be signed under the seal of the company and no witness is required, or signed without the seal and the execution must be witnessed.

A transfer may be executed by the Australian Securities and Investment Commission (ASIC) pursuant to s601AF Corporations Act 2001 (Commonwealth) where the transferor is a deregistered company.

A transfer pursuant to an Order of the Family Court of Australia may be executed by the transferor, the transferor's attorney, an officer of the Court or by any person so directed by the Court. The capacity of the Court officer must be stated, e.g. Registrar or Deputy Registrar.  Where the Court has ordered the dealing to be executed by a person other than the transferor or an officer of the Court, e.g. the transferor's spouse, an office copy of the Order must accompany the dealing, See Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [395.250].

For a transfer executed by a trustee not vested for a debtor pursuant to s188 Bankruptcy Act 1966, see Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [30.900].

See execution requirements for companies, witnesses etc pages.

Staff processing information

If in order proceed with registration except for the following.

Refer to Legal through the Senior Examining Officer

A transfer:

  • by the transferor's attorney for a nominal sum or no consideration
  • to the transferor's attorney
  • in favour of a company in liquidation
  • where there is doubt as to the corporate status of the transferee.

Registration procedure

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

TENANCY    S, J2 etc, T etc.