Change of name or address for service of notice on caveator

Form  W-08CX (PDF 55.5 KB)

Dealing type - CX

Legislation - s71E Water Management Act 2000

Stamp duty - Not required.

WAL Certificate - Not required.

Caveat noted on the WAL Folio - Does not prevent.

A person entitled to withdraw a private caveat may change the name of the caveator and/or the address for service of notice on the caveator.

Evidence is required where the applicant is not the caveator shown in the caveat, eg the probate or letters of administration must be sighted where the executor or administrator for a deceased caveator applies.

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

(H) The registered number of the caveat must be stated.

(I) The full name of the caveator must be stated and be identical to the name as shown on the WAL folio.

(J) The new address for service of notices must be stated if applicable. The address must be a full NSW postal address. A NSW DX number, address outside NSW or a Post Office Box is not acceptable.

Note  LPI serves notice on the caveator by means of registered post.

(K) The full new name of the caveator must be stated if applicable. Evidence of the change of name is not required where the applicant is the caveator.

(L) The term that does not apply must be deleted and verified.

The appropriate action must be selected and the inappropriate action must be deleted and verified.

The request must be executed by the caveator 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.

The application may be executed by persons other than all of the caveators as named in the caveat in the following instances:

  • by a surviving caveator where the caveators' interest claimed was held as joint tenants. Evidence of the death of the caveator is required. The joint tenancy of the interest claimed must be established, e.g. by production of the contract or other instrument upon which the claim is based
  • by an executor, administrator or trustee of a deceased caveator where the probate etc is furnished
  • by the Official Trustee in Bankruptcy or trustees in whom the WAL or interest claimed has vested pursuant to the Bankruptcy Act 1966 by the Australian Securities and Investment Commission (ASIC) pursuant to s601AF Corporations Act 2001 where a company is deregistered or
  • on lodgment of a vesting Order pursuant to s74 Trustee Act 1925 (infant or mentally incapable caveator) or s75 Trustee Act 1925 (deceased caveator).

Staff processing information

Refer to SD31.

Registration procedure - SD6

Change of name of caveator

TRANSACTION MOD

PRIME CODE    code of caveat as shown on the WAL folio

PRIME NO.    number of caveat

CODE (name)     P, C or Q where Prime Code X is selected  [name of all current caveators].

DETAILS  See ([dealing numbers of previous notifications that changed caveator] [number of Change of Name caveator]).

Note  Previous under notifications that changed the caveator must be removed by Departmental Dealing. The dealing numbers of the removed notifications must then be added to the oncoming Change of name dealing number in the free text field in chronological order, e.g: AA123 Caveat to Smith Bank Pty Ltd. See dealings AB456 AC789

Change of address of caveator

PRIME CODE    code of caveat as shown on the WAL folio

PRIME NO.    number of caveat

SUB CODE    UXCA

DETAILS    Address For Service Of Notices Is [name and address].