Party dealing with the land or interest
The full name of the party dealing must be stated where required on a WAL dealing and must be identical to the holder of the WAL or the proprietor of the interest being dealt with as shown on the WAL Register. Minor discrepancies in spelling that raise no doubt as to identity may be disregarded, e.g. 'Ann' for 'Anne'.
Also see Change of name of a party dealing information.
An Asian name may appear in any order providing all the names are included.
The ACN of a company must be stated.
The ARBN for a body, other than a company or statutory authority, capable of dealing with a Water Access Licence must be stated.
A foreign company that does not have an ARBN must furnish a statutory declaration or statement set out under the company letterhead by an officer or representative of the company stating that the company:
- is a foreign company
- is not registered in Australia as a foreign company
- does not have an ARBN and
- does not carry on business in Australia.
The capacity of trustees, executors or administrators must not be shown on a dealing, see s82(1) Real Property Act 1900, except for:
- a Transmission Application
- a Bankruptcy Application or
- an application pursuant to:
- s46C Real Property Act 1900
- s12 Trustee Act 1925 or
- an Order of Court.
A dealing executed by a person other than the registered proprietor, e.g. a liquidator or pursuant to an Order of Court, must be drawn in the name of the relevant registered proprietor.
See dealing by a minor page.
Staff processing information
Where a party who has dealt with an estate or interest is deceased, except for a severance of joint tenancy, and the WAL dealing has been executed by the deceased, refer to Legal through the Senior Examining Officer for approval to register. Where the party severing a joint tenancy is deceased, a Notice of Death form W-02ND should be lodged and the dealing must be drawn in the name of the surviving joint tenant.