Evidence

For more particulars on evidence required to be lodged with a dealing or in response to a requisition, see the particular dealing requirements Land Dealing dealing requirements pages or Water Dealing dealing requirements pages.

Certified copies

The following applies to Torrens Title land and Water Access Licences.

A certified copy of a document, not including a statutory declaration or affidavit, must carry a statement to the effect that the signatory has sighted the original document and the present copy is a true copy. The statement must:

  • be signed by a prescribed functionary or licensed conveyancer (not for a Water Access Licence dealing) or
  • bear a stamp identifying the organisation responsible for the matter and be signed by an authorised employee.

The statement must include the name and capacity of the signatory.

Disposal of evidence

The following applies to Torrens Title land and Water Access Licences.

The following guidelines are used by LPI as regards disposal of evidence lodged to support registration of a dealing:

  • a caveator's consent is filmed with the dealing consented to
  • evidence accompanying a change of name of a company, incorporated association etc is filmed with the dealing
  • evidence may be filmed with the dealing, depending on its importance
  • for other evidence discretion is used as regards the return, retention or other disposal of evidence lodged.

It may be indicated on the document that evidence is to be returned. Original Old System documents lodged with dealings will be destroyed after microfilming. A certified copy may be lodged where the lodging party wishes to retain the original.

The dealing is marginally noted as to the action taken.

Faxed evidence

The following applies to Torrens Title land and Water Access Licences.

Faxed evidence is acceptable providing there is no doubt as to its authenticity. The faxed copy must carry some sort of identification, e.ga letterhead.

Office copy of an Order of Court

The following applies to Torrens Title land and Water Access Licences.

An office copy of an Order of Court is issued by the administrative office of the Court; the Order itself is made by the Court. The office copy must:

  • have the seal of the Supreme Court affixed and be signed by the Sheriff
  • have the seal of the District Court affixed and be signed by the Registrar or
  • have the Registrar's Stamp of the Local Court affixed and be signed by the Local Court Registrar or have the facsimile signature of the Registrar affixed.

Registered documents

The following applies to Torrens Title land and Water Access Licences.

Documents held in LPI, e.g. Real Property Act dealings, Water Access Licence dealings, plans and deeds, may be referred to as evidence in support of a dealing. The lodgment number must be quoted.

Statutory declaration

See statutory declaration page.

Written Evidence

The following applies to Torrens Title land and Water Access Licences.

Evidence in written form, e.g. a letter of authority or direction, must contain a reference sufficient to link it to a particular case. The content of the document must be clear and unambiguous; qualifications are unacceptable. The document must be signed by the writer.

For a caveator's consent to a Real Property Act dealing.

Staff processing information

Evidence numbers

Note The following applies to Real Property Act dealings and Water Access Licence dealings.

Where documents used for evidence of identity, other than a statutory declaration, (e.g. driver's licence, passport, Local Council rates notice etc) are furnished with a dealing, a separate evidence label containing the barcoded evidence number is affixed to the top right-hand corner of a copy of each document. The label must not be marked in any way. The separate barcode label is to enable LPI only to access the microfilmed document.

The evidence label contains the prefix 'EV' before the number.

Marginally note the dealing with the evidence number and the type of document, e.g. 'EV1234 driver's licence'.

Marginally note the copy of the evidence document with the dealing number and the dealing type, e.g. 'AA5432 PV'.

Forward the evidence document for microfilming in the same manner as the dealing.

Note  The page numbering of the dealing may require adjustment where evidence documents have been extracted.