The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Land Titles Registration policy and procedure guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.
1 Overview
There is no power to dispense with the requirement for parties to a land transaction to execution/signing a land transaction under the Transfer of Land Act 1893 (‘TLA’). Alternative arrangements to comply with this requirement would need to be obtained.
In general, the parties to the Court Order i.e. the Registered Proprietor’s must sign the relevant land transaction documents to effect the change of ownership. In the event of Court Orders, if a party is in breach of the Order or will not sign or has not met the required timeframes, new Orders should be sought providing for an alternate person or Registrar of the Court to sign the land transaction documents.
Where the Court Order does not provide for an alternate person to sign the land transaction documents it will not be accepted. Landgate will only accept a Court Order that is specific in its instructions. An order must specifically allow for a given person (Registrar of Court or alternate person) to “SIGN a TRANSFER, MORTGAGE, LEASE etc”.
Simply appointing them to be the Trustee for a Sale, or to sign Listing documents does not specifically allow them to sign a Landgate Transfer.
Below are sample extract from previous Court Order that has been accepted because it specifically allows for a Transfer to be signed.
Sample One
Sample Two
Sample Three
The Supreme Court has a presumption of authenticity on documents sealed by the Court pursuant to Rules of the Supreme Court 1971 (WA) Order 67 rule 6.
NOTE: If you are unsure if a an Order contains the appropriate wording and or authority for an alternative person/s to sign. Please consult a legal professional.
2 Verification of Identity
When a Registrar of a Court executes a transfer of land document on behalf of a Transferor a Verification of Identity (VOI) statement is still required for the Registrar.
A Settlement Agent / Conveyancer / Lawyer could rely on this to make a modified VOI statement.
The VOI can be a modified version that states that the Settlement Agent / Conveyancer / Lawyer is “reasonably satisfied that the Registrar that signed the Transfer is an employee of the Court and is authorised to sign the document by virtue of the Court Order” and “state that reasonable steps were taken in regard to the three key elements that should be included in all VOI Statements”
3 Examples of Signing/Execution Clauses
A proper execution by a Registrar of the Court is:
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Signed by (Name specified in Order) on behalf of (Name of person named in Order) in (Name of Court) Order (Signature of Registrar) (order number) made the (date of order) the presence of Witness (Signature of witness) (Full Name, Address and Occupation)
Or where another person has been named and authorised to sign land transactions: Signed by (Name specified in Order) on behalf of (Name of person named in Order) in (Name of Court) Order (Signature of authorised person) (order number) made the (date of order) the presence of Witness (Signature of witness) (Full Name, Address and Occupation) |
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4 Also See
SIG-01 Signing and witnessing of Documents
SIG-08 Signing by an Attorney under Power of Attorney/Enduring Power of Attorney