Postponement of mortgage

Form W-05PM (PDF 250 KB)

Dealing type - PM

Legislation - s71D Water Management Act 2000

Stamp duty - Not required.

WAL Certificate - Required.

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

The mortgagees of all mortgages registered or given priority between the mortgages being postponed must be a party to the postponement.

Note  A charge cannot be postponed with other charges or mortgages.

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

A postponement of mortgage may affect less than all of the WAL folios affected by the mortgages providing the subject mortgages all affect the WAL.

A postponement affecting part of a WAL or part of the sum secured cannot be registered.

(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 being postponed, i.e. losing priority, must be stated.

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

(I) The registered number, date of execution (if available) and the full name of the mortgagee must be stated for each mortgage and must be entered in the desired order of priority. The ACN or ARBN of a company etc must be stated.

The words 'as varied by Variation of Mortgage [WAL dealing number]' must be included where a change in priority affects a mortgage that has been varied.

(J) The postponement of mortgage must be executed by all of the mortgagees and be witnessed, or be executed on their behalf by the following:

  • attorney and witnessed
  • authorised officer and witnessed
  • solicitor or barrister where the mortgagee is gaining priority.

Note  A solicitor or barrister cannot execute on behalf of a mortgagee who is losing priority.  A 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.

Note  If several mortgages by the same mortgagee are involved, the mortgagee need only execute the WAL dealing once and refer to the WAL dealing numbers of those mortgages.

Staff processing information

The WAL dealing number of a mortgage lodged with the postponement may be marginally noted.

Refer all dealings to SD31.

SD6 - Registration procedure

Postponement of mortgages

PRIME CODE    PM

DETAILS    [number of mortgage gaining priority], [number of mortgage losing priority].

To give priority to a mortgage that has been varied

PRIME CODE    PM

DETAILS    [number of mortgage gaining priority] As Varied By [number of variation], [number of mortgage losing priority].

Note  Previous postponement of mortgage notifications recorded on the WAL folio affecting the same subject mortgages may be removed.