Bankruptcy Application

Form W-04BAP (PDF 74.2 KB)

Dealing type - BA

Legislation - s72 Water Management Act 2000; Bankruptcy Act 1966 (Commonwealth)

Stamp duty - not required.

WAL Certificate - Required for a bankrupt registered holder of a 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).

The appointed trustee replaces the bankrupt on the WAL title. If the bankrupt held as a joint tenant, the tenancy is severed and the incoming trustee holds as a tenant in common in equal shares with the other party. Two or more trustees in bankruptcy must hold as joint tenants.

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 bankruptcy 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 bankruptcy must be stated.

(H) The full name of 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 applicant must be stated. If other than the Official Trustee in Bankruptcy, the full personal name and capacity of the applicant must be stated. No evidence of the vesting is required.

(J) Item (i) and either Item (ii) or (iii) must be completed.

(K) The appropriate term must be deleted and verified. The nature of the claim must be stated if other than a sequestration order.

The request 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.

Note  A solicitor, barrister or 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

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

Refer to SD6.

SD6 - Refer to Legal through the Senior Examining Officer

Where the claim at Note (J) item (iii) is other than:

  • a deed of assignment
  • a resolution of creditors under a stated section of the Bankruptcy Act 1966
  • an Order made under Part XI Bankruptcy Act 1966 or
  • a Debtors Petition under s156A(3) Bankruptcy Act 1966.

SD6 - Registration procedure

Affecting a registered holder

TRANSACTION    RP

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

TENANCY    S, J2 etc, T etc.  See Notifications on the Register page.

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    [name of trustee; include 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 [name of trustee; include 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.]