Transfer of Land Amendment Regulations (No. 2) 2005 (WA)

No judgment structure available for this case.

15 July 2005 GOVERNMENT GAZETTE, WA 3283
— PART 1 —
LAND
LA301*
Transfer of Land Act 1893
Transfer of Land Amendment
Regulations (No. 2) 2005

Made by the Commissioner of Titles with the approval of the Governor in Executive Council.
1.             Citation

These regulations are the Transfer of Land Amendment
Regulations (No. 2) 2005.
2.             The regulations amended

The amendments in these regulations are to the Transfer of Land
Regulations 2004*.
[* Published in Gazette 2 September 2004 p. 3829-46.]
3.             Regulation 9 replaced

Regulation 9 is repealed and the following regulation is inserted
instead —
“
9. Forms

(1) The forms set out in Schedule 3 are prescribed in
relation to the matters specified in those forms.

3284

GOVERNMENT GAZETTE, WA

15 July 2005

(2)

Subject to the Interpretation Act 1984 section 74, if a form is prescribed in relation to a matter, the matter is to be done, effected or set out in that form.
(3) If a form is to be —

(a) completed by the insertion of information; or

(b)

accompanied by information specified in the form,
that information is prescribed as the information
required under the provision of the Act for the purposes
of which the form is prescribed.

(4) If a form contains directions for its preparation or
completion the form is to be prepared or completed in
accordance with those directions.

”.

4. Schedule 3 inserted
After Schedule 2 the following Schedule is inserted —

“

Schedule 3 — Forms

[r. 9]

1. Application to register property (seizure and sale) order

FORM A10
WESTERN AUSTRALIA
TRANSFER OF LAND ACT 1893 AS AMENDED.
APPLICATION TO REGISTER PROPERTY (SEIZURE AND SALE)
ORDER
(INCORPORATING STATUTORY DECLARATION)

15 July 2005 GOVERNMENT GAZETTE, WA 3285
SALEABLE

INTEREST DESCRIPTION OF LAND (Note 3) EXTENT VOLUME FOLIO
DESCRIPTION
(Note 1)
REGISTRATION
NUMBER
(Note 2)
APPLICANT (JUDGMENT CREDITOR) (Note 4)
JUDGMENT DEBTOR as shown in the Order (Note 5)
REGISTERED PROPRIETOR OF THE SALEABLE INTEREST (Note 6)
In accordance with section 133(2) of the Transfer of Land Act 1893, the Applicant hereby applies to register ____________Court Order Ref No: ________________dated __________________ . A copy of that order certified as a true copy by the Sheriff or a Deputy Sheriff accompanies this application. (see Instruction 2 and Note 7)
Has a Suspension Order been made? YES / NO (delete whichever is inapplicable) If yes, an original sealed copy is filed herewith. (see Instruction 3)
STATUTORY DECLARATION
I / We_______________________________________________________________________________
_______________________________________________________________________________
(Note 8) jointly and severally do Solemnly and Sincerely declare that
1.    I am / We are the JUDGMENT CREDITOR / SOLICITOR FOR THE JUDGMENT CREDITOR (delete whichever is inapplicable) referred to in the attached Property (Seizure and Sale) Order.
2.    The judgment debtor as shown in this Property (Seizure and Sale) Order is one and the same person as the proprietor of the saleable interest referred to in the above-mentioned Certificate(s) of Title.
3.    The judgment to which this Property (Seizure and Sale) Order relates has not been satisfied.

3286

GOVERNMENT GAZETTE, WA

15 July 2005

And I / we jointly and severally make this solemn declaration by virtue of Section 106 of the
Evidence Act 1906.

Signature of Judgment Creditor / Solicitor Signature of Judgment Creditor
Declared at Declared at

this day of Year this day of Year
before me : before me :
(Note 9)

THIS FORM INCORPORATES A STATUTORY
DECLARATION. OFFICE USE ONLY
INSTRUCTIONS

1. No alteration should be made by erasure. The
words rejected should be scored through and those
substituted typed or written above them, the
alteration being initialled by the persons signing this

document and their witnesses. APPLICATION

2. A copy of the property (seizure and sale) order certified by the Sheriff or a Deputy Sheriff must

LODGED BY

accompany this application. ADDRESS
3. If a suspension order has been made, an original sealed copy must also accompany this application.

NOTES PHONE No.

1. DESCRIPTION OF SALEABLE INTEREST FAX No.
Show Fee Simple, Leasehold, Mortgage, Charge,

Lease or as the case may be. REFERENCE No.
2.  REGISTRATION NUMBER OF SALEABLE

INTEREST ISSUING BOX No.
If Fee Simple, leave blank. If any other interest,

enter registration number of the primary document FAX No.
when saleable interest was registered.
3.  DESCRIPTION OF LAND

Lot and Diagram/Plan/Strata/Survey-Strata Plan PREPARED BY
number or Location name and number to be stated
Extent - Whole, part or balance of the land

comprised in the Certificate of Title to be stated. ADDRESS

The Volume and Folio or Crown Lease number to be stated.
4. APPLICANT

State the full name of the judgment creditor as PHONE No.
shown on the property (seizure and sale) order and FAX No.
the address to which future Notices can be sent.

15 July 2005 GOVERNMENT GAZETTE, WA 3287

5. JUDGMENT DEBTOR INSTRUCT IF ANY DOCUMENTS ARE

State full name and address of the judgment debtor TO ISSUE TO OTHER THAN
as shown on the property (seizure and sale) order. LODGING PARTY

6.
SALEABLE INTEREST
REGISTERED PROPRIETOR OF THE as shown on the certificate of title.
7.  DETAILS OF PROPERTY(SEIZURE & SALE)
ORDER

Show the jurisdiction of the court, reference number TITLES, LEASES, DECLARATIONS
and date of the order. ETC. LODGED HEREWITH

Note: The jurisdiction will be Supreme, District or

Magistrates Court as shown on the Order. 1. ________________ Received Items

8. DEPONENT(S)

Full name, place of abode and occupation to be 2. ________________
stated.
If there is only one deponent delete “we” and “we 3. ________________ Nos.
are” and the two references to “jointly and
severally” from the statutory declaration. 4. ________________
If there are two or more deponents, delete “I” and “I
am” from the statutory declaration. 5. ________________ Receiving Clerk
If there are more than two deponents an Additional
Sheet (Form B1) should be used with appropriate 6. ________________
headings.

9. APPLICANTS EXECUTION Registered pursuant to the provisions of

As this Application form incorporates a statutory the TRANSFER OF LAND ACT 1893 as
declaration, the Applicants/Solicitors signature is amended on the day and time shown above
required to be witnessed by a person capable of and particulars entered in the Register.
taking declarations. The witness should state their
address and qualification. Following is a list of
some of those persons more commonly available for
taking declarations:
State or Commonwealth Public Servant
School Teacher
Police Officer
Bank Manager
Medical Practitioner
Solicitor
Pharmaceutical Chemist
Justice of the Peace
Commissioner for Declarations
EXAMINED

3288

GOVERNMENT GAZETTE, WA

15 July 2005

2. Application to register an order extending the sale period in a property (seizure and sale) order

FORM A11
WESTERN AUSTRALIA
TRANSFER OF LAND ACT 1893 AS AMENDED.
APPLICATION TO REGISTER AN ORDER EXTENDING THE
SALE PERIOD IN A PROPERTY (SEIZURE AND SALE) ORDER
(Note 1)
PROPERTY (SEIZURE
AND SALE) ORDER

NUMBER DESCRIPTION OF LAND (Note 2) EXTENT VOLUME FOLIO
APPLICANT (JUDGMENT CREDITOR) (Note 3)
JUDGMENT DEBTOR as shown in the Order (Note 4)
REGISTERED PROPRIETOR OF THE SALEABLE INTEREST as shown on the certificate of title
(Note 5)

15 July 2005 GOVERNMENT GAZETTE, WA 3289
In accordance with section 133(16) of the Transfer of Land Act 1893, the Applicant hereby applies to dated ___________ (see Instruction 2) (show jurisdiction)
register an order extending the sale period under the above-mentioned Property (Seizure and Sale)
Order.
PERIOD OF EXTENSION (Note 6)
EXECUTION BY JUDGMENT CREDITOR OR SOLICITOR FOR JUDGMENT CREDITOR (Note 7)

INSTRUCTIONS OFFICE USE ONLY

1. No alteration should be made by erasure. The words rejected should be scored through and those substituted typed or written above them, the alteration being initialled by the persons
signing this document and their witnesses.
2. An original sealed copy of an order extending the property (seizure and sale) order must accompany this application.
APPLICATION

NOTES LODGED BY
1. PROPERTY (SEIZURE AND SALE)

ORDER ADDRESS
In this form the above term includes “Writ of
Fieri Facias” and “Local Court warrant of

execution”. PHONE No.

2. DESCRIPTION OF LAND FAX No.
Lot and Diagram/Plan/Strata/Survey-Strata
Plan number or Location name and number to

be stated. REFERENCE No.
Extent - Whole, part or balance of the land
comprised in the Certificate of Title to be

ISSUING BOX No. FAX No.
stated.
The Volume and Folio or Crown Lease
number to be stated.

3290

GOVERNMENT GAZETTE, WA

15 July 2005

3. APPLICANT

State the full name of the judgment creditor as PREPARED BY

shown in the property (seizure and sale) order and the address to which future Notices can be sent.

ADDRESS
4. JUDGMENT DEBTOR
State full name and address of the judgment

PHONE No. FAX No.

debtor as shown on the property (seizure and
sale) order. INSTRUCT IF ANY DOCUMENTS ARE

5. REGISTERED PROPRIETOR OF THE SALEABLE INTEREST

TO ISSUE TO OTHER THAN LODGING
PARTY
State full name and address of the judgment
debtor as shown on the certificate of title.
6. PERIOD OF EXTENSION
Show in months and days (if applicable ) the length of time that the property (seizure and sale) order has been extended.

7. APPLICANTS EXECUTION TITLES, LEASES, DECLARATIONS ETC.

A separate attestation is required for every LODGED HEREWITH
person signing this document. Each signature
1. __________________ Received Items

should be separately witnessed by an Adult Person. The address and occupation of the witness must be stated.

2. __________________
3. __________________ Nos.
4. __________________
5. __________________ Receiving Clerk
6. __________________
Registered pursuant to the provisions of the
TRANSFER OF LAND ACT 1893 as
amended on the day and time shown above
and particulars entered in the Register.
EXAMINED

15 July 2005 GOVERNMENT GAZETTE, WA 3291
3. Application to register a discharge of a property (seizure and sale) order

FORM A12
WESTERN AUSTRALIA
TRANSFER OF LAND ACT 1893 AS AMENDED.
APPLICATION TO REGISTER A DISCHARGE OF A PROPERTY
(SEIZURE AND SALE) ORDER (Note 1)
PROPERTY (SEIZURE
AND SALE) ORDER

NUMBER DESCRIPTION OF LAND (Note 2) EXTENT VOLUME FOLIO
APPLICANT (Note 3)
The Applicant hereby applies for a discharge of the above order to be registered in accordance with section
133(12) of the Transfer of Land Act 1893 for the following reason: (Note 4)
1.        the applicant is the judgment creditor;
2.        the judgment to which the order relates has been satisfied;
3.        the order has been cancelled by the court that issued it;
4.        the sale period has expired.

(Select one of the above options. All others to be deleted – see Instructions 2 to 4)

Dated this day of Year
EXECUTION BY APPLICANT (Note 5)

3292

GOVERNMENT GAZETTE, WA

15 July 2005

INSTRUCTIONS OFFICE USE ONLY

1. No alteration should be made by erasure. The words rejected should be scored through and those substituted typed or written above them, the alteration being initialed by the persons
signing this document and their witnesses.
2. In the case of options 2 and 3 of the Reason for Application, evidence of satisfaction / cancellation of the judgment supported by statutory declaration is to be lodged with the application.
3. In the case of option 1, the application is to be signed by all judgment creditors.

4. In the case of options 2, 3 and 4, the application can be made by any person.

APPLICATION

NOTES LODGED BY
1. PROPERTY (SEIZURE AND SALE)

ORDER ADDRESS
In this form the above term includes “Writ of
Fieri Facias” and “Local Court warrant of
execution”. PHONE No.

2. DESCRIPTION OF LAND FAX No.
Lot and Diagram/Plan/Strata/Survey-Strata
Plan number or Location name and number to

be stated. REFERENCE No.
Extent - Whole, part or balance of the land
comprised in the Certificate of Title to be ISSUING BOX No.
stated. FAX No.
The Volume and Folio or Crown Lease number
to be stated.
3. APPLICANT

State the full name of the Applicant and the PREPARED BY
address to which future Notices can be sent.
4. REASON FOR APPLICATION

Select the appropriate option and delete the ADDRESS
other three options by putting a single line
through each of them.

5. APPLICANTS EXECUTION PHONE No.
A separate attestation is required for every

person signing this document. Each signature FAX No.

should be separately witnessed by an Adult of the witness must be stated.

INSTRUCT IF ANY DOCUMENTS ARE TO ISSUE TO OTHER THAN LODGING PARTY.

15 July 2005 GOVERNMENT GAZETTE, WA 3293
TITLES, LEASES, DECLARATIONS ETC.
LODGED HEREWITH
1. __________________ Received Items
2. __________________
3. __________________ Nos.
4. __________________
5. __________________ Receiving Clerk
6. __________________
Registered pursuant to the provisions of the
TRANSFER OF LAND ACT 1893 as
amended on the day and time shown above
and particulars entered in the Register.

EXAMINED
4. Transfer of land under a property (seizure and sale) order

FORM T7
WESTERN AUSTRALIA
TRANSFER OF LAND ACT 1893 AS AMENDED.
TRANSFER OF LAND UNDER PROPERTY (SEIZURE AND SALE)
ORDER (Note 1)
PROPERTY (SEIZURE
AND SALE) ORDER

NUMBER (Note 2 DESCRIPTION OF LAND (Note 3) EXTENT VOLUME FOLIO
ESTATE AND INTEREST (Note 4)

3294

GOVERNMENT GAZETTE, WA

15 July 2005

LIMITATIONS, INTERESTS, ENCUMBRANCES and NOTIFICATIONS (Note 5)
TRANSFEROR (Note 6)
CONSIDERATION (Note 7)
TRANSFEREE (Note 8)
REGISTERED PROPRIETOR / JUDGMENT DEBTOR (Note 9)
JUDGMENT CREDITOR (Note 10)
PAGE 2 consideration expressed herein HEREBY TRANSFERS TO THE TRANSFEREE the estate and interest of the registered proprietor in the above described land subject to the encumbrances shown hereon (Instruction 1 & 2).

15 July 2005 GOVERNMENT GAZETTE, WA 3295
PAGE 3
ATTESTATION SHEET

Dated this day of Year
TRANSFEROR (SHERIFF or a Deputy Sheriff) SIGN HERE (Note 11)
REQUEST FOR ISSUE / NON-ISSUE (Instruction 4)
BY SIGNING THIS PANEL, I / WE THE TRANSFEREE REQUEST THE ISSUE/ NON –
ISSUE ( DELETE AS REQUIRED ) OF A DUPLICATE CERTIFICATE(S) OF TITLE FOR
THE LAND ABOVE DESCRIBED.

Signed Signed
TRANSFEREE/S SIGN HERE (Note 12)
THE LODGING PARTY OF THIS DOCUMENT IS AUTHORISED BY THE ABOVE NAMED
TRANSFEREE TO INSTRUCT ISSUING DETAILS FOR THE DUPLICATE CERTIFICATE(S)
OF TITLE.

Signed Signed
In the presence of In the presence of
INSTRUCTIONS OFFICE USE ONLY

1. Page 2 of this document may be used If insufficient space in any section hereon; Appropriate headings should be shown. The
boxed sections should only contain the words
“see page….”
2. If further space is required Additional Sheet
Form B1 should be used with appropriate
headings. Additional Sheets shall be numbered

consecutively and bound to this document by TRANSFER
staples along the left margin prior to execution (UNDER PROPERTY (SEIZURE AND
by the parties. SALE) ORDER)

3296

GOVERNMENT GAZETTE, WA

15 July 2005

3.

No alteration should be made by erasure. The words rejected should be scored through and those substituted typed or written above them, the alteration being initialled by the persons

LODGED BY
signing this document and their witnesses.

4.

If a Duplicate Certificate of Title is not required to be re-issued, or if a Duplicate Certificate of Title has not been issued previously but is required to issue subsequent to this document, the written request of the Transferee is required by signing this panel.
NOTES
1. PROPERTY (SEIZURE AND SALE)
ORDER

In this form the above term includes “Writ of PREPARED BY

Fieri Facias” and “Local Court warrant of execution”.

2. PROPERTY (SEIZURE AND SALE) ADDRESS
ORDER NUMBER
Registration number of the said Property

(seizure and sale) Order to be shown. PHONE No.
FAX No.
3. DESCRIPTION OF LAND
INSTRUCT IF ANY DOCUMENTS ARE

Lot and Diagram/Plan/Strata/Survey-Strata

Plan number or Location name and number to TO ISSUE TO OTHER THAN LODGING
PARTY.
be stated.
Extent – Whole, part or balance of the land
comprised in the Certificate of Title to be
stated.
The Volume and Folio or Crown Lease number
to be stated.
4. ESTATE AND INTEREST
TITLES, LEASES, DECLARATIONS ETC.

State whether Fee Simple, Leasehold or as the

case may be in the land being transferred. If LODGED HEREWITH
share only, specify. 1. ________________ Received Items
5. LIMITATIONS, INTERESTS,

ENCUMBRANCES AND
2. ________________
NOTIFICATIONS
3. ________________ Nos.

In this panel show (subject to the next paragraph) those limitations, interests, encumbrances and notifications affecting the

4. ________________
land being transferred that are recorded on the
certificate(s) of title: 5. ________________ Receiving Clerk

a) In the Second Schedule;
6. ________________

b)

If no Second Schedule, that are encumbrances.

(Unless to be removed by action or Registered pursuant to the provisions of the

document before registration hereof) TRANSFER OF LAND ACT 1893 as

Do not show any: amended on the day and time shown above

a) Easement Benefits or and particulars entered in the Register.
Restrictive/Covenant Benefits; or

15 July 2005 GOVERNMENT GAZETTE, WA 3297

b)

Subsidiary interests or changes affecting a limitation, etc, that is to be entered in the panel (eg, if a lease is shown, do not show any sub-lease or any document affecting either).

The documents shown are to be identified by
nature and number. The plan/diagram
encumbrances shown are to be identified by
nature and relevant plan/diagram.
Strata/survey-strata plan encumbrances are to
be described as “Interests on
strata/survey-strata plan”.
If none show “nil”.
6. TRANSFEROR (SHERIFF)
State name and designation e.g. Sheriff /
Deputy Sheriff.
7. CONSIDERATION
If a sum of money only, to be expressed in
figures and in every other case to be concisely
stated in words.
8. TRANSFEREE
State full name of the Transferee/Transferees
(Purchaser) and the address/addresses to which
future notices can be sent. If a minor, state date
of birth.
If two or more state tenancy eg;
Joint Tenants, (on the death of a joint tenant, the survivor(s) become(s) the registered proprietor(s) of the deceased’s
interest by applying to the Registrar of

Titles),
Tenants in Common, (on the death of a
tenant in common, their share is dealt with
according to their will).

If Tenants in Common specify shares.

9. REGISTERED PROPRIETOR /
JUDGMENT DEBTOR
State full name of the Registered Proprietor /
Judgment Debtor as shown on the Certificate of
Title or Crown Lease.
10. JUDGMENT CREDITOR
To be described as shown in the said Property
(Seizure and Sale) Order.
11. SHERIFF’S ATTESTATION
Attestation of the Sheriff or a Deputy Sheriff.
12. TRANSFEREE’S EXECUTION
Transferees must sign this panel. A separate
attestation is required for every person signing
this document. Each signature should be
separately witnessed by an adult person. The
address and occupation of the witness must be
stated.

3298

GOVERNMENT GAZETTE, WA

15 July 2005

EXAMINED
5. Transfer of mortgage, charge, lease etc under a property (seizure and sale) order

FORM T8
WESTERN AUSTRALIA
TRANSFER OF LAND ACT 1893 AS AMENDED.
TRANSFER OF MORTGAGE, CHARGE, LEASE ETC UNDER
PROPERTY (SEIZURE AND SALE) ORDER (Note1)
PROPERTY (SEIZURE
AND SALE) ORDER

NUMBER (Note 2) DESCRIPTION OF LAND (Note 3) EXTENT VOLUME FOLIO
NATURE & NUMBER
OF INSTRUMENT
(Note 4)
LIMITATIONS, INTERESTS, ENCUMBRANCES and NOTIFICATIONS (Note 5)
TRANSFEROR (Note 6)
CONSIDERATION (Note 7)
TRANSFEREE (Note 8)

15 July 2005 GOVERNMENT GAZETTE, WA 3299
REGISTERED PROPRIETOR / JUDGMENT DEBTOR (Note 9)
JUDGMENT CREDITOR (Note 10)
PAGE 2 consideration expressed herein HEREBY TRANSFERS TO THE TRANSFEREE the estate and interest in respect of which the Judgment Debtor is the registered proprietor as set forth in the instrument above described subject to the encumbrances shown hereon (Instruction 1 & 2)
PAGE 3
ATTESTATION SHEET

Dated this day of Year
TRANSFEROR (SHERIFF or a Deputy Sheriff) SIGN HERE (Note 11)
REQUEST FOR ISSUE / NON-ISSUE (Instruction 4)
BY SIGNING THIS PANEL, I / WE THE TRANSFEREE REQUEST THE ISSUE/ NON - ISSUE ( DELETE AS REQUIRED) OF A DUPLICATE CERTIFICATE(S) OF TITLE FOR THE LAND ABOVE DESCRIBED.

Signed Signed
TRANSFEREE/S SIGN HERE (Note 12)
THE LODGING PARTY OF THIS DOCUMENT IS AUTHORISED BY THE ABOVE NAMED
TRANSFEREE TO INSTRUCT ISSUING DETAILS FOR THE DUPLICATE CERTIFICATE(S)
OF TITLE.

Signed Signed
In the presence of In the presence of

3300

GOVERNMENT GAZETTE, WA

15 July 2005

INSTRUCTIONS OFFICE USE ONLY

1. Page 2 of this document may be used If insufficient space in any section hereon; Appropriate headings should be shown. The
boxed sections should only contain the words
“see page....”
2. If further space is required Additional Sheet

Form B1 should be used with appropriate TRANSFER
headings. Additional Sheets shall be numbered (UNDER PROPERTY (SEIZURE AND
consecutively and bound to this document by SALE) ORDER)
staples along the left margin prior to execution LODGED BY
by the parties.

3. No alteration should be made by erasure. The words rejected should be scored through and those substituted typed or written above them, the alteration being initialled by the persons

ADDRESS

signing this document and their witnesses. PHONE No.
4. If a Duplicate Certificate of Title is not

required to be re-issued, or if a Duplicate FAX No.
Certificate of Title has not been issued
previously but is required to issue subsequent REFERENCE No.
to this document, the written request of the
Transferee is required by signing this panel. ISSUING BOX No.

NOTES FAX No.
1. PROPERTY (SEIZURE AND SALE)
ORDER

In this form the above term includes ”Writ of PREPARED BY

Fieri Facias” and “Local Court warrant of execution”.

2. PROPERTY (SEIZURE AND SALE) ADDRESS
ORDER NUMBER
Registration number of the said Property
(seizure and sale) Order to be shown.
PHONE No.

3. DESCRIPTION OF LAND
FAX No.

Lot and Diagram/Plan/Strata/Survey-Strata Plan

number or Location name and number to be INSTRUCT IF ANY DOCUMENTS ARE
stated. Extent - Whole, part or balance of the TO ISSUE TO OTHER THAN LODGING
land comprised in the Certificate of Title to be PARTY.
stated. The Volume and Folio or Crown Lease
number to be stated.

15 July 2005 GOVERNMENT GAZETTE, WA 3301
4. ESTATE AND INTEREST
State whether Fee Simple, or as the case may be

in the land being transferred. If share only, TITLES, LEASES, DECLARATIONS ETC.
specify. LODGED HEREWITH
5. LIMITATIONS, INTERESTS,

ENCUMBRANCES and NOTIFICATIONS 1. ________________ Received Items
In this panel show (subject to the next
paragraph) those limitations, interests, 2. ________________
encumbrances and notifications affecting the
land being transferred that are recorded on the
3. ________________ Nos.
certificate(s) of title:
4. ________________

a) In the Second Schedule;
b) If no Second Schedule, that are

encumbrances. 5. ________________ Receiving Clerk
(Unless to be removed by action or document

before registration hereof) 6. ________________
Do not show any:

a) Easement Benefits or Registered pursuant to the provisions of the
Restrictive/Covenant Benefits; or TRANSFER OF LAND ACT 1893 as
b) Subsidiary interests or changes affecting a amended on the day and time shown above
limitation, etc, that is to be entered in the and particulars entered in the Register.
panel (eg, if a lease is shown, do not show
any sub-lease or any document affecting
either).
The documents shown are to be identified by
nature and number. The plan/diagram
encumbrances shown are to be identified by
nature and relevant plan/diagram.
Strata/survey-strata plan encumbrances are to
be described as “Interests on strata/survey-strata
plan”.
If none show “nil”.
6.TRANSFEROR (SHERIFF)
State name and designation e.g. Sheriff /
Deputy Sheriff.
7. CONSIDERATION
If a sum of money only, to be expressed in
figures and in every other case to be concisely
stated in words.

3302

GOVERNMENT GAZETTE, WA

15 July 2005

8. TRANSFEREE
State full name of the Transferee/Transferees
(Purchaser) and the address/addresses to which
future notices can be sent. If a minor, state date
of birth.
If two or more state tenancy eg;
Joint Tenants, (on the death of a joint tenant, the survivor(s) become(s) the registered proprietor(s) of the deceased’s
interest by applying to the Registrar of
Titles),
Tenants in Common, (on the death of a
tenant in common, their share is dealt with
according to their will).

If Tenants in Common specify shares.

9. REGISTERED PROPRIETOR /
JUDGMENT DEBTOR
State full name of the Registered Proprietor /
Judgment Debtor of the mortgage, charge, lease
etc as shown on the Certificate of Title.
10. JUDGMENT CREDITOR
To be described as shown in the said Property
(Seizure and Sale) Order.
11. SHERIFF’S ATTESTATION
Attestation of the Sheriff or Deputy Sheriff.
12. TRANSFEREE’S EXECUTION
Transferees must sign this panel. A separate
attestation is required for every person signing
this document. Each signature should be
separately witnessed by an adult person. The
address and occupation of the witness must be
stated.
EXAMINED

”.

JOHN GLADSTONE, Commissioner of Titles.

Approved by the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.

Actions

Download as PDF Download as Word Document

Citations

Transfer of Land Amendment Regulations (No. 2) 2005 (WA)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0

(2)	Subject to the Interpretation Act 1984 section 74, if a form is prescribed in relation to a matter, the matter is to be done, effected or set out in that form.
(3)	If a form is to be —

(a)	completed by the insertion of information; or
(b)	accompanied by information specified in the form,

INTEREST	DESCRIPTION OF LAND (Note 3)	EXTENT	VOLUME	FOLIO
DESCRIPTION (Note 1)
REGISTRATION
NUMBER
(Note 2)

Signature of Judgment Creditor / Solicitor	Signature of Judgment Creditor
Declared at	Declared at

document and their witnesses.	APPLICATION
2. A copy of the property (seizure and sale) order certified by the Sheriff or a Deputy Sheriff must	LODGED BY
accompany this application.	ADDRESS

State the full name of the judgment creditor as	PHONE No.
shown on the property (seizure and sale) order and	FAX No.
the address to which future Notices can be sent.

5. JUDGMENT DEBTOR	INSTRUCT IF ANY DOCUMENTS ARE
State full name and address of the judgment debtor	TO ISSUE TO OTHER THAN
as shown on the property (seizure and sale) order.	LODGING PARTY
6.	SALEABLE INTEREST

Full name, place of abode and occupation to be	2. ________________
stated.
If there is only one deponent delete “we” and “we	3. ________________ Nos.
are” and the two references to “jointly and
severally” from the statutory declaration.	4. ________________
If there are two or more deponents, delete “I” and “I
am” from the statutory declaration.	5. ________________ Receiving Clerk
If there are more than two deponents an Additional
Sheet (Form B1) should be used with appropriate	6. ________________
headings.
9. APPLICANTS EXECUTION	Registered pursuant to the provisions of
As this Application form incorporates a statutory	the TRANSFER OF LAND ACT 1893 as
declaration, the Applicants/Solicitors signature is	amended on the day and time shown above
required to be witnessed by a person capable of	and particulars entered in the Register.
taking declarations. The witness should state their address and qualification. Following is a list of some of those persons more commonly available for taking declarations:
State or Commonwealth Public Servant School Teacher Police Officer Bank Manager Medical Practitioner Solicitor Pharmaceutical Chemist Justice of the Peace Commissioner for Declarations

INSTRUCTIONS	OFFICE USE ONLY
1. No alteration should be made by erasure. The words rejected should be scored through and those substituted typed or written above them, the alteration being initialled by the persons

State the full name of the judgment creditor as	PREPARED BY
shown in the property (seizure and sale) order and the address to which future Notices can be sent.	ADDRESS

debtor as shown on the property (seizure and sale) order.	INSTRUCT IF ANY DOCUMENTS ARE
5. REGISTERED PROPRIETOR OF THE SALEABLE INTEREST	TO ISSUE TO OTHER THAN LODGING
PARTY

7. APPLICANTS EXECUTION	TITLES, LEASES, DECLARATIONS ETC.
A separate attestation is required for every	LODGED HEREWITH
person signing this document. Each signature
1. __________________ Received Items
should be separately witnessed by an Adult Person. The address and occupation of the witness must be stated.	2. __________________
3. __________________ Nos.
4. __________________
5. __________________ Receiving Clerk
6. __________________
Registered pursuant to the provisions of the TRANSFER OF LAND ACT 1893 as amended on the day and time shown above and particulars entered in the Register.

NUMBER	DESCRIPTION OF LAND (Note 2)	EXTENT	VOLUME	FOLIO
APPLICANT (Note 3)

4. In the case of options 2, 3 and 4, the application can be made by any person.	APPLICATION
NOTES	LODGED BY
1. PROPERTY (SEIZURE AND SALE)
ORDER	ADDRESS
In this form the above term includes “Writ of
Fieri Facias” and “Local Court warrant of
execution”.	PHONE No.
2. DESCRIPTION OF LAND	FAX No.

be stated.	REFERENCE No.
Extent - Whole, part or balance of the land
comprised in the Certificate of Title to be	ISSUING BOX No.
stated.	FAX No.
The Volume and Folio or Crown Lease number to be stated.

State the full name of the Applicant and the	PREPARED BY
address to which future Notices can be sent.

Select the appropriate option and delete the	ADDRESS
other three options by putting a single line through each of them.
5. APPLICANTS EXECUTION	PHONE No.

Signed	Signed
In the presence of	In the presence of
INSTRUCTIONS	OFFICE USE ONLY
1. Page 2 of this document may be used If insufficient space in any section hereon; Appropriate headings should be shown. The

consecutively and bound to this document by	TRANSFER
staples along the left margin prior to execution	(UNDER PROPERTY (SEIZURE AND
by the parties.	SALE) ORDER)

3.	No alteration should be made by erasure. The words rejected should be scored through and those substituted typed or written above them, the alteration being initialled by the persons	LODGED BY
signing this document and their witnesses.
4.	If a Duplicate Certificate of Title is not required to be re-issued, or if a Duplicate Certificate of Title has not been issued previously but is required to issue subsequent to this document, the written request of the Transferee is required by signing this panel.

Plan number or Location name and number to	TO ISSUE TO OTHER THAN LODGING PARTY.
be stated.
Extent – Whole, part or balance of the land comprised in the Certificate of Title to be stated.
The Volume and Folio or Crown Lease number to be stated.

case may be in the land being transferred. If	LODGED HEREWITH
share only, specify.	1. ________________ Received Items

ENCUMBRANCES AND	2. ________________
NOTIFICATIONS	3. ________________ Nos.
In this panel show (subject to the next paragraph) those limitations, interests, encumbrances and notifications affecting the	4. ________________
land being transferred that are recorded on the
certificate(s) of title:	5. ________________ Receiving Clerk

b)	If no Second Schedule, that are encumbrances.
(Unless to be removed by action or	Registered pursuant to the provisions of the
document before registration hereof)	TRANSFER OF LAND ACT 1893 as

a)	Easement Benefits or	and particulars entered in the Register.
Restrictive/Covenant Benefits; or

9.	REGISTERED PROPRIETOR / JUDGMENT DEBTOR
State full name of the Registered Proprietor / Judgment Debtor as shown on the Certificate of Title or Crown Lease.

NUMBER (Note 2)	DESCRIPTION OF LAND (Note 3)	EXTENT	VOLUME	FOLIO
NATURE & NUMBER OF INSTRUMENT (Note 4)

3. No alteration should be made by erasure. The words rejected should be scored through and those substituted typed or written above them, the alteration being initialled by the persons	ADDRESS
signing this document and their witnesses.	PHONE No.

required to be re-issued, or if a Duplicate	FAX No.
Certificate of Title has not been issued
previously but is required to issue subsequent	REFERENCE No.
to this document, the written request of the
Transferee is required by signing this panel.	ISSUING BOX No.
NOTES	FAX No.
1. PROPERTY (SEIZURE AND SALE)

In this form the above term includes ”Writ of	PREPARED BY
Fieri Facias” and “Local Court warrant of execution”.
2. PROPERTY (SEIZURE AND SALE)	ADDRESS