Office Circular No. 4/2025
DATE: 16 September 2025
DISTRIBUTION: GENERAL
SUBJECT: COMMON PROBLEMS WITH THE PROVISION OF CONTACT DETAILS
There are consistent problems with the provision of Contact Details by way of the Lodgement Form - Contact Details RD-LFv1.
Background
Clause 12 of the Recorder's Directions Version 1.0 Effective 7-03-2024 (the Directions), issued pursuant to section 160A of the Land Titles Act 1980, states that each Subscriber participating in a Conveyancing Transaction must provide Contact Details to the Person who is to Lodge. The Person who is to Lodge must then provide to the Recorder of Titles, such of the Contact Details as are required by the Lodgement Form - Contact Details, of each Subscriber to the Conveyancing Transaction.
Compliance Examinations are undertaken on a Subscriber by Subscriber basis. As such, the Contact Details provided allow the Land Titles Office to undertake Compliance Examinations in respect of a Registry Instrument or other Document by directly contacting the relevant Subscriber who is the subject of the Compliance Examination.
Common Problems
1. Contact Details not provided when required to be provided. In particular:
a. no form(s) provided at all.
In addition, the most common Contact Details not provided are in respect of:
b. a Transferee on a Transfer by Way of Assent;
c. both the servient and dominant proprietors on an Instrument Creating Restrictive Covenants; and
d. Local Government Organisations and Statutory Bodies.
Note: the only optional field is the Subscriber Reference and there will be no Client where a Subscriber is Self-represented.
2. Contact Details provided that are not required. In particular:
a. for a mortgagor on a Discharge of Mortgage. For the purposes of the Directions, for a Discharge of Mortgage, the only Party is the mortgagee;
b. for a mortgagor on a Mortgage, see clause 8(c)(ii) of the Directions; and
c. where the Registry Instrument or other Document is not subject to the Directions.
Examples include Powers of Attorney or other Instruments arising under the Powers of Attorney Act 2000 and notifications under the Land Use Planning and Approvals Act 1993.
The full list of excluded Registry Instruments or other Documents is available on the Recorder's Directions webpage.
3. Inaccurate or illegible information. In particular:
a. where a Subscriber is Self-represented, there is no Client (e.g. on a Discharge of Mortgage where the mortgagee is Self-represented, the Name of Client field will be blank); and
b. incorrect email address provided. The email address provided on the Lodgement Form - Contact Details is where all correspondence related to a Compliance Examination will be sent. It is important that the Subscribers email address is provided.
The Land Titles Office is spending significant time following up missing or incomplete Contact Details.
Failing to provide the Contact Details by way of Lodgement Form - Contact Details or providing an incomplete form does not comply with the requirements of the Directions.
The Recorder may refuse to accept for lodgment, Registry Instruments or other Documents that do not comply in all respects with the requirements of the Land Titles Act 1980 and the requirements of the Recorder's Directions.
Please note: any capitalised term has the meaning given to it in the Recorder's Directions, the Participation Rules, the Operating Requirements, or the Electronic Conveyancing National Law (ECNL) as applicable.
ROBYN JACK
Assistant Recorder of Titles