Office Circular No. 13/2022
DATE: 28 November 2022
CIRCULAR MEMORANDUM: 13/2022
SUBJECT: NEW OVERRIDING INTEREST APPLICATON FORMS
On 28 November 2022 the Conveyancing and Law of Property Regulations 2022 came into effect replacing the 2012 version of those regulations.
The changes in the Conveyancing and Law of Property Regulations 2022:
- Clarify some of the processes relating to overriding interest applications made under Part XVA of the Conveyancing and Law of Property Act 1884, particularly by highlighting when the Recorder is able to make a final determination;
- Update some provisions to align timeframes and fines with those in other legislation; and
- Remove forms from the Schedule of the regulations, and are replaced with forms 'authorised by the Recorder'.
As a result of the third point above, it has become necessary for the Recorder to authorise forms for public use in overriding interest applications.
The Recorder has authorised the following forms for use:
- Application form CLP, authorised under regulation 4; and
- Notice of Appearance form CLN, authorised under regulation 6
Both forms can be accessed here and will soon be available on TOLD.
Recorder of Titles