Transfer without monetary consideration
Form 01TWC (PDF 220KB)
Dealing type - TZ
Stamp Duty - required. The number of title references indicated as marked by the Office of State Revenue 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 may be ignored. The addition of a name must be marked.
Not required where:
- a life estate is created and the transferor is a party to the life estate
- a transfer to the Greek Orthodox Archdiocese of Australia Consolidated Trust from a person who holds land on behalf of a Greek orthodox parish or congregation. A statutory declaration is required to show how the land is held by the transferor. See the Greek Orthodox Archdiocese of Australia Consolidated Trust Amendment (Duties) Act 2005.
Certificate of Title - required for:
- the land being transferred
- the lot and the common property where a lot is transferred to an Owners Corporation of a Strata scheme
- the lot and the Association property where a lot is transferred to an Association of a Community Title scheme.
NOS form - required. Panels 1, 2, 3B and 5 require completion. Note Where a transfer of part being road and a Note (NB) on the title refers to a DP for the purposes of the Roads Act 1993, the property address on the NOS form must recite the new lot and DP number, not the street number.
Not required for a transfer of minerals or coal.
Standard form of Caveat - prevents registration.
Requirements are the same as for a standard transfer, together with the following.
(C) The full name of the transferor must be stated and must be identical to the name of the registered proprietor as shown on the Register.
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) Specify the basis on which the land is to be transferred, eg "pursuant to an Order of the Family Court No. ... dated ...".
(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|
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, eg 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, eg 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].
See execution requirements for companies, witnesses etc pages.
(K) This section is to be completed where the notice of sale data (see NOS form above) has been forwarded to LPI through the eNOS facility.
Staff processing information
For staff processing and registration procedure see Transfer form 01T.