Discharge of mortgage

Form W-05DM (PDF 246 KB)

Dealing type - DM

Legislation - s71D Water Management Act 2000

Stamp duty - Not required.

WAL Certificate - Required for a discharge of a mortgage affecting the registered holder.

Not required for a discharge of a mortgage of a mortgage or charge.

Caveat noted on the WAL Folio - If specifically prohibited, refer to the SD6 for service of notice on the caveator.

Note  For a discharge of a charge, see Discharge of charge page.

A mortgage may be discharged as regards:

  • less than all of the mortgagors or mortgagees.
  • part of a WAL in terms of the water allocation providing a Notification form W-19WA subdividing the WAL is lodged before or accompanies the discharge (see Staff Processing Information below). For information on subdivision etc. contact DPI Water.

A discharge of part of the principal sum must be lodged as a variation on Variation of Mortgage form W-05VM.

An extra lodgment fee is payable where more than one mortgage by the same mortgagee is being discharged on the one form.

No extra fee is payable where separate Discharge of Mortgage forms affecting the same mortgage:

  • are executed by individual mortgagees or
  • affect different WAL folios.

The separate dealings will be treated as a single dealing. The additional Discharge of Mortgage forms are attached to the initial dealing and are treated as an annexure for execution purposes.

Because the powers of the head mortgagee pass to the sub-mortgagee the following must be considered:

  • a sub-mortgagee may execute a discharge of the sub-mortgage alone
  • a sub-mortgagee may execute a discharge of the head mortgage, in which case both mortgages are removed and
  • a discharge of the principal mortgage executed by the mortgagee of that mortgage must be accompanied by a discharge of the sub-mortgage executed by the sub-mortgagee.

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

Where the discharge of mortgage affects part of the WAL in terms of the water allocation, the part must be adequately described together with any other changes to the WAL that may occur as a result of the registration of the associated Notification form W-19WA, e.g. 'WAL12345 part being 50 unit shares with nominated works at ...'.

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

(G) The registered number of the mortgage or charge affected by the mortgage being discharged must be stated.

(H) The registered number of the mortgage being discharged must be stated.

(I) The full name of the mortgagee must be stated and must be identical to the name of the mortgagee as shown on the WAL folio. The ACN or ARBN of a company etc must be stated.

Where a mortgagee has died a Notice Of Death form W-02ND or a Transmission Application form W-03TA(B) or (E), as is appropriate, must be lodged before the mortgage can be discharged.

(J) If the mortgage is to be partially discharged, the full name of the affected mortgagor must be stated and must be identical to the name as shown on the WAL folio. The ACN or ARBN of a company etc must be stated. If the mortgage is to be wholly discharged, this panel may be left blank.

(K) The term that does not apply must be deleted and verified. Any reference to release of personal liability etc will be ignored.

The discharge must be executed by the mortgagee 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 mortgagee.

See execution requirements for companies, witnesses etc pages. Note  Requirements are the same as for Real Property Act dealings except where otherwise stated.

A mortgage may be discharged by persons other than the mortgagee in the following instances:

  • upon certification by an officer of the Court pursuant to s98 Conveyancing Act 1919
  • upon lodgment of a vesting Order pursuant to s74 Trustee Act 1925 (infant or mentally incapable mortgagee) or s75 Trustee Act 1925 (deceased mortgagee); or
  • upon lodgment of a discharge executed by the Australian Securities and Investment Commission (ASIC) pursuant to s601AF Corporations Act 2001 (Commonwealth) in relation to a deregistered company.

Staff processing information

Refer all dealings to SD31 execept for the following

Refer to SD6 where the mortgage has been discharged as regards part of a WAL in terms of the water allocation and a Notification form W-19WA subdividing the WAL is lodged before or accompanies the discharge.

SD6 - Registration procedure

Discharge of a mortgage

NOTFN BRT FORWARD    select mortgage to be removed

NOTFN TB REMOVED    click arrow button to remove selected notification.

Discharge of a mortgage of mortgage or charge

TRANSACTION    click 'Collect Notification'

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

PRIME NO.    number of mortgage or charge

SUB CODE    code of mortgage being discharged as shown on the WAL folio

SUB NO.    number of mortgage.

Discharge of the share/interest of a mortgagor or 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    UA

DETAILS    Discharged As Regards The Share/Interest Of [name of mortgagor/mortgagee].