Annulment of Bankruptcy

Form W-04BAN (PDF 66.7 KB)

Dealing type - BN

Legislation - s72 Water Management Act 2000

Stamp duty  - not required

WAL Certificate - required for a bankrupt registered holder of the WAL.

Not required for a bankrupt term transferee, mortgagee or chargee.

Caveat noted on the WAL folio - If specifically prohibited, refer to the Senior Examining Officer for service of notice on the caveator.

'Additional Information to be Provided' page to be completed in the case of a bankrupt registered holder or term transferee of the WAL. Not required in the case of a bankrupt mortgagee or chargee (see below).

Written consent

The written consent, where the registered holder of the WAL is affected:

  • of a term transferee is required where a current term transfer is noted on the WAL folio. See s71N(8) Water Management Act 2000.
  • of a mortgagee or chargee is required where a mortgage or charge is noted on the WAL folio. Production of the WAL certificate by the mortgagee or chargee to allow registration of the dealing is acceptable in lieu of written consent. See s71L Water Management Act 2000.

(E) The number of the WAL affected by the annulment must be stated.

(F) The tenure type of the WAL must be stated and agree with the tenure type shown on the WAL folio, i.e. Continuing, Specific Purpose or Supplementary.

(G) The registered number of the term transfer, mortgage or charge affected by the annulment must be stated.

(H) The full name of the registered party holding in trust for the bankrupt must be stated and must be identical to the name of the registered holder, term transferee, mortgagee or chargee as shown on the WAL folio.

(I) The full name of the person in whom the WAL, term transfer, mortgage or charge is to be vested must be stated.

Note

  • the person need not be the bankrupt and
  • where a joint tenancy was severed by the bankruptcy, the party to be vested in the estate or interest by the annulment will hold as a tenant in common in shares equivalent to the original joint tenancy. The joint tenancy may only be re-established by lodgment of a subsequent transfer.

(J) An office copy of the Order must be furnished.

The appropriate clause must be completed and the inappropriate clause must be deleted and verified.

(K) The annulment must be executed by the applicant and be witnessed, or be executed on their behalf by the following:

  • attorney and witnessed
  • authorised officer and witnessed or
  • solicitor or barrister.

Note  A licensed conveyancer cannot execute on behalf of the applicant.

See execution requirements for companies, witnesses etc pages. 

Note  Requirements are the same as for Real Property Act dealings except where otherwise stated.

'Additional Information to be Provided'

Separate details must be provided for each licence affected by the application.

If the address details are the same for each licence, the first panel only must be completed and 'as above' entered in the following panels.

A contact licence holder must be nominated for each licence. A contact licence holder is the licence holder to whom notices and other correspondence will be sent and who will receive invoices relating to the fees and water charges associated with the licence. Where there are multiple licence holders, one only must be nominated. Where the contact licence holder is a corporation its ABN, ACN or ARBN must be provided. The contact licence holder's daytime telephone number during must be provided. It will be used by the licence regulator or water delivery authority to seek any necessary clarification of information relating to the licence.

The form must be signed by or on behalf of the applicant(s) as on the application form itself.  The signature(s) need not be witnessed.

If the space provided is insufficient additional sheets should be attached in the same format as this sheet.

Staff processing information

Refer all dealings to SD31

Note An annulment of bankruptcy is considered to be an instrument of devolution, see s71F(2) Water Management Act 2000.

SD6 - Refer to Legal through the Senior Examining Officer.

Registration procedure

SD6 - Proceed with registration as directed.

Affecting the registered holder

CODE (name)    P, C or Q  [name of applicant; include all current registered holders.  Note The applicant cannot hold as a joint tenant.]

TENANCY    S, J2 etc, T etc.

Affecting a mortgagee

TRANSACTION    click 'Cancel' and select 'UNDR'

PRIME CODE    code of mortgage as shown on the WAL folio

PRIME NO.    number of mortgage

SUB CODE    UMAP

DETAILS    [names of all current mortgagees].

Affecting a term transferee or chargee

TRANSACTION    click 'Cancel' and select 'UNDR'

PRIME CODE    code of term transfer or charge as shown on the WAL folio

PRIME NO.    number of term transfer or charge

SUB CODE    UA

DETAILS    Application.  Term Transferee/Chargee Now [names of all current term transferees/chargees].

Processing 'Additional Information to be Provided' form

CODE        WADDR

DETAILS    [Contact licence holders details for each WAL as shown on 'Additional information to be provided' sheet.]