Office Circular No. 5/2025
DATE: 24 September 2025
DISTRIBUTION: GENERAL
SUBJECT: DETERMINATION OF COMPLEX APPLICATIONS
The Land Titles Office (LTO) has recently received an increased volume of enquiries concerning the processing times and procedures of complex applications.
Complex applications, may include but are not limited to applications made pursuant to:
- Section 11 of the Land Titles Act 1980 (made through a possessory title);
- Section 84C and s 84D of the Conveyancing and Law of Property Act 1884;
- Section 90 of the Land Titles Act 1980;
- Section 91 of the Land Titles Act 1980;
- Section 138D of the Land Titles Act 1980;
- Section 138J of the Land Titles Act 1980; and
- Section 138W of the Land Titles Act 1980.
There is no statutory timeframe for the LTO to determine complex applications.
When received, a complex application may take over 18 months to be determined by the LTO. A complex application may typically take 12 months to be assessed by the plan services section and after this, the application undergoes legal examination. It can then take a further 3 to 6 months for the application to be examined and a determination made.
There are also other variables that affect the estimated timeframe for determination, for example (without limitation) the complexity of the application, the number of interested parties involved, the submissions and objections received, details of the application that need to be rectified by the lodging party, notices required and the current resourcing constraints and competing priorities of the LTO.
Applications generally
Applicants, practitioners, and other interested parties are reminded that the LTO website contains some helpful information and a practice guide for submitting Title by Possession. The LTO cannot assist applicants in preparing or finessing their applications.
It is noted that most applications received, over the past couple of years, have been significantly lacking in detail and missing many critical legislative requirements. This delays the processing of applications. It is recommended that applicants, practitioners, and other interested parties review their applications prior to lodgment to ensure all critical legislative requirements have been addressed.
Applicants are also reminded that the Recorder of Titles is bound to investigate a complex application in accordance with the relevant Act and the rules of natural justice. Ensuring affected parties have an opportunity to support or oppose any proposed orders or to make relevant comments on the issues involved is intrinsic to the Recorder’s duty. Processing times also reflect this requirement.
Any communication regarding an active or proposed complex application should be in writing from the lodging party. Due to current resourcing constraints, it is appreciated if all communication regarding complex applications or other matters are sent by email. Written correspondence should clearly state the question or nature of the enquiry.
Emails should be directed to lto.legal@nre.tas.gov.au
ROBYN JACK
Assistant Recorder of Titles