Skip to main content Skip to navigation

NAM-01 Name Amendment

Version 18 - 05/11/2024

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 Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

Contents

1. Overview

2 . Form to Use

3. Evidence Required to Support a Change of Name

4. Exceptions to Lodging a Change of Name Application

5. Simple or Minor Amendment of Name

6. Amendments of Name to Correct an Error (not a simple error)

7. Change of Name after Marriage

8. Return to Birth/Maiden Surname

9. Amendment of Name by Change of Name Certificate

10. Change of Name of a Company/Corporation or Incorporated Association

11. Multiple Reasons for Change of Name

12. Change of Name by Repute and Usage

13. Change of Name by Licence to Change Name or Deed Poll

1. Overview11

Where a registered proprietor is shown in a certificate of title (“title”) by other than their full true and correct name then, as a general rule (for Exceptions see paragraph below under that heading) their title should be amended to show the proprietor’s true and correct name.

Similarly, if a proprietor adopts a new surname after a marriage or has changed their name by Change of name certificate, the title should be updated to show their new true and correct name.

Any reference in any guide to surname also means Family name and vice versa. Any reference to Christian name also means given name and vice versa.

It is recommended that a search of the certificate of title be undertaken prior to preparing any documents. A title search (or Record of certificate of title) will show what name(s) are on the title and the address for service of notices. Where an address is out of date on the title, the updated address can be included in any Change of name application.

The names of interest holders registered on titles may also be amended where applicable and the same general principles discussed in this chapter apply to name changes for registered interest holders, such as a name of a mortgagee or lessee.

Where a name may have been incorrectly recorded in the Register by the Registrar of Titles, please refer REG-04 Rectification in the Register and on Instruments (after Registration).  

11Section updated 02/08/2024

1.1. What do I need for my application

More information on these points can be found further below in the guide.

  • Title Search (recommended) – used to complete the application form
  • Change of Name eForm
  • Statutory Declaration (Form B3)
  • Evidence
  • Registration fees payable to Landgate

2. Form to Use

A Change of name application is prepared using a Change of Name eForm (or Application Form A5 pdf), printed for signing and witnessing in ink then lodged together with a statutory declaration in all cases, appropriate evidence to support the change of name and any other requirements set out in this guide.

Click on the following link to access the eForm: Land titling and search forms.

Industry professionals can lodge a change of name document electronically via an Electronic Lodgment Network Operator (ELNO). See “Evidence for ELNO lodgements by industry professionals” below for requirements.

Lodgement fees are payable when lodging an application to amend a name/s.

(scroll to top)

3. Evidence Required to Support a Change of Name 

Evidence to support a name change varies according to the reason for the change of name, however in nearly every instance the evidence required to support a change of name will need to be the original documentation from the authority who maintains the name records for that State or Country. In WA the certificate required would need to be obtained from the Registry of Births, Deaths and Marriages.

Foreign certificates, such as birth and/or marriage certificates are accepted as evidence, however the certificate must be the certificate issued by the official authority that would be the equivalent of the Registry of Births, Deaths and Marriages in WA.

  • Generally, the following original certificates can be used as evidence for a change of name:
    • Birth Certificate
    • Marriage Certificate *12
    • Change of Name Certificate
    • Australian Citizenship Certificate
    • Deed Poll
    • License to Change Name
  • The following documentation is generally not acceptable as evidence to support a change of name on a title (except for a change of name by repute and usage):
    • Passport
    • Driver's License
    • Credit Cards
    • Bank Statements
    • Any other card issued by a Government Authority

NOTE: A statutory declaration that references ID Documents by identification number/s may not be accepted for lodgement or registration on the basis it may breach privacy.

* A marriage certificate may not be accepted as evidence to revert to a birth name or to change a name. The use of a marriage certificate is for the purpose of supporting a change on surname as assumed by marriage, see section 7 of this topic, or to assist in establishing a chain of change of names, see section 11 of this topic. A formal change of name through Birth Deaths and marriages may be required.

Evidential requirements are discussed in detail in the sections below.

  • The original certificate can be:
    • sighted by Landgate and returned at lodgement; or
    • taken to Australia Post who will provide a certified copy for a fee. That certified copy must then be provided to Landgate at lodgement; or
    • certified by a legal practitioner or licensed settlement agent who will follow the steps outlined in DOC-04 Statutory Declarations and Supporting Evidence
  • Where a certificate is printed in a foreign language, the official/certified certificate must be translated by a  translator who has accreditation from the National Accreditation Authority for Translators and Interpreters in Australia (NAATI).1
  • The original/certified certificate must be provided to Landgate, together with the originally signed NAATI translated certificate. Landgate will sight both certificates and return both certificates at lodgement, retaining the sighted certificates as evidence.
  • A legal practitioner or licensed settlement agent may also provide certified copies of the certificates as outlined in DOC-04 Statutory Declarations and Supporting Evidence
  • The certificates can also be taken to Australia Post who will provide a certified copy of both certificates for a fee. Landgate will then retain the Australia Post certified copies as evidence.

1Dot point reworded 24/02/2023

12 Dot point updated 17/10/2024

Note: A copy certified by a Justice of the Peace or any other person who may witness statutory declarations is not acceptable for registration purposes.

Evidence for ELNO lodgements by industry professionals

  • Evidence to support the lodgement of an electronic Change of name document via an ELNO does not need to be uploaded and attached to the document but must be retained by the Subscriber in accordance with the WA Participation Rules.
  • Where a certificate is printed in a foreign language, the original/certified certificate must be translated, and a translated version will need to be retained by the Subscriber in accordance with the WA Participation Rules. A foreign certificate will need to be translated by a person who has a “NAATI” accreditation from the National Accreditation Authority for Translators and Interpreters.
  • Subscribers may certify copies of evidence that they retain and do not need to produce the evidence to Landgate or Australia Post for sighting/certifying prior to retention.

3.1. Change of Name form signed by attorneys

Change of name forms are occasionally signed by attorneys on behalf registered proprietors or other interest holders. If a Change of Name form is being signed by an attorney, the Power of Attorney “P/A” or Enduring Power of Attorney “EPA” document must be lodged (deposited) with Landgate to enable the attorney to sign applications. Lodgement fees are payable when lodging a P/A or EPA.

The Change of Name form must be signed and witnessed as set out in SIG-08 Signing by an Attorney under Power of Attorney/Enduring Power of Attorney .

The supporting statutory declaration is made/declared by the attorney with reference to the deposited P/A or EPA in the first clause, for example:

  • I am the attorney for [insert proprietor’s full name] under Enduring Power of Attorney/Power of Attorney [insert P/A or EPA number].

 

(scroll to top)

4. Exceptions to Lodging a Change of Name Application

There are exceptions to the requirement to lodge a Change of name application. Where a proprietor or registered interest holder has changed names, a separate Change of name application need not be lodged if they are dealing with the whole of their interest in the certificate of ttitle and are lodging any of the following documents:

  • A transferor in a transfer of land1
  • A survivor in a survivorship application
  • An application by personal representative to address the deceased name
  • A vesting application
  • A discharge of mortgage (for name of mortgagee only)
  • An application to register a deposited plan, strata plan or survey-strata plan
  • A caveator in a withdrawal of caveat
  • A lessee in a surrender of lease10
  • A lessor in a transfer of lease10

10Dot points added 29/05/2024

If lodging any of the above documents, the change of name can be recorded by noting the name change in the appropriate panel and by providing the same evidence that would be produced where a change of name application was being lodged, see below sections.

For statutory declarations (required in all cases) and other evidence requirements see the relevant section in this guide below, based on the reason for change of name.

The application should refer to the new name and include reference to the former name that is shown on the certificate of title.

For example One: Transferor: A [new name] of [address] formerly known as B [former name].

For example Two: Applicant: A [new name] of [address] formerly known as B [former name].

For example Three: Mortgagee: A [new name] of [address] formerly known as B [former name].1

When a justification of change of name is made in a document lodged via an ELNO, the evidence does not need to be uploaded and attached to the document but must be retained by the Subscriber in accordance with the WA Participation Rules.

4.1. Operative clauses and reasons for application

The eForms provide for a change of name and will update the operative clause appropriately. Where the PDF form is used the operative clause may require amendment, such as a Survivorship. For example:

“THE APPLICANT as the surviving joint tenant HEREBY APPLIES to be registered as the proprietor by survivorship of the land above described by virtue of the death of the abovenamed deceased, and the Title amended to show the correct name”

Where the change is being requested in a general application eForm or A5 PDF, the additional request to update the name must also be stated in the Reason for application panel.

(scroll to top)

5. Simple or Minor Amendment of Name1

A simple or minor change of name is where an existing registered proprietor’s name is being amended on a title due to an error or omission.

A simple error is where only one change is being made to the name of a proprietor or registered interest holder.

Examples of a simple error or omission in the name of a registered proprietor include:

Where the names are shown out of order, for example:

  • Jeffery Robert Brown being changed to Robert Jeffery Brown;
  • Nguyen Minh Thi being changed to Minh Thi Nguyen.

Where a middle name has been omitted or added, for example:

  • Brendan Jones being changed to Brendan Phillip Jones;
  • Anne Joy Smith being changed to Anne Smith.

Where a name contains a spelling error, for example:

  • Rusell Thomas Jones being changed to Russell Thomas Jones;
  • Anne Susan Smith being changed to Ann Susan Smith.

Where a first Christian name or a Surname is being added or removed this would not be considered a simple error, please refer to one of the other options covered in this topic.

Proprietors names are entered into the Register based on the name/names stated in the Transfer or other acquiring document (not a Mortgage). Where a Transferee has only one name (such as given name/s and no surname) but may contain two (2) parts or where a surname contains multiple parts, it must be made clear in the Transferee panel by underlining or some other means.8

The names of the Transferee will be entered into the data fields pursuant to the Australian naming convention where there is no underlining, for example:

  • Mohamed Isa will be entered Given name Mohamed and surname Isa, unless otherwise stated as Mohamed Isa (one name).
  • Tabitha Jones Smith will be entered as Given names Tabitha Jones and surname Smith, unless otherwise stated as Jones Smith (two part surname).8

Note: Names that contain st, de, de la, der, van, von or a combination of those will be classed as part of the surname, for example Jane Mary Jorre de st Jorre or Jane de Silva.8

Note: If a person was changing the spelling of a given name/surname and adding an additional middle name, this is two changes and does not qualify as a simple amendment. For example, if a certificate of title shows a registered proprietor as Fred Jones and the true and correct name is Fredrick Neal Jones, this is not classified as a simple error as there are two changes being made to the name of the registered proprietor on the certificate of title.

Refer to section 6 Amendments of Name to Correct and Error (not a simple error) of this guide for information on how to complete the change of name application.

1Section updated 06/03/2024

5.1. Forms to complete

A registered proprietor (or other interest holder) changing their name due to a simple error must complete and provide:

5.2. Statutory Declaration

The statutory declaration must state the following:

  • The true and correct name, address and occupation of the declarant (the person/s making the declaration)
  • The status of the person making the declaration in relation to the certificate of title and the legal land description for the property (e.g. I am one of the registered proprietors of the land being lot 1 on plan 1234, the land in Volume 1234 Folio 567, where I am described as ……) (if applicable include reference to mortgage, lease charge)
  • State your true and correct name
  • State how the error, omission or addition occurred (to the best of the declarant’s knowledge).
  • State that the declarant is identical with and one and the same person as the person described and status as currently described on the certificate of title (e.g the person shown on the certificate of title described above as Steven Jones is one and the same person as Stephen Jones the declarant and the applicant)
  • Where there is no change to the spelling or order of the names, the declaration need to be clear it’s an amendment to the data fields to separate or combine given or surname.9

Click on this link for an information brochure which provides examples of the completed application form and a statutory declaration (for registered proprietors): Change Name due to a Simple Error.

5.3. Attorney signing the Change of Name form

The applicant shown in the Applicant panel is the person who is changing their name (not the name of the attorney)

  • A suitable attorney signing clause must be inserted in the Change of Name form.
  • If signed by an attorney, the P/A or EPA must be deposited with Landgate

See: Policy and Procedure Guide SIG-08 Signing by an Attorney under (Enduring) Power of Attorney.

Lodgement fees are payable when lodging an application to amend one or more names.

Note: Evidence is not usually required to be provided for an amendment of name due to a simple error, the statutory declaration is usually the only evidence required.

(scroll to top)

6. Amendments of Name to Correct an Error (not a simple error)

Amendments to the name of a registered proprietor or registered interest holder that will result in more than one change to the name that is currently shown on a title is not considered a simple error.

To support the change of name on the certificate of title, evidence of the true and correct name of the proprietor or interest holder will need to be provided with the change of name application and statutory declaration.

There are strict evidential standards applied to change of name applications, generally passports, driver’s licenses and other identity cards are not acceptable as evidence to establish the true and correct name of a proprietor or registered interest holder (except by change of name by repute and usage).

In some situations, where evidence of the true and correct name is difficult to obtain, it would be appropriate to contact the Registry of Births, Deaths and Marriages to discuss the options to officially change a name.

Further information on the change of name process is available by clicking on this link: http://www.bdm.dotag.wa.gov.au which will direct you to the Registry of Births, Deaths and Marriages in WA.

6.1. Forms to complete and evidence to be provided

A registered proprietor (or other interest holder) changing their name due to errors must complete and provide:

6.2. Statutory Declaration

The statutory declaration must state the following:

  • The true and correct name, address and occupation of the declarant (the person/s making the declaration)
  • The status of the person making the declaration in relation to the certificate of title (e.g. as one of the registered proprietors) and how they are currently described on the title, including reference to the incorrect name (and former address if applicable)
  • The legal land description of the certificate of title/s and the volume and folio reference (e.g. lot 124 on deposited plan 74587, volume 3000 folio 124) and if applicable, the number of the mortgage, charge or lease of land.
  • State your true and correct name and provide evidence of the true and correct (e.g. provide an original birth certificate)
  • State how the errors and/or omissions to the name being changed originally occurred, why the wrong name is registered on the certificate of title.
  • That the declarant and person shown in the evidence provided is identical with and one and the same person as the person described on the certificate of title (e.g. the person shown on the certificate of title as Steven Jones is one and the same person as Steven Alan Jones shown on the birth certificate and as the declarant and the applicant)

6.3. Attorney signing the Change of Name form

Refer to section 3.1. And 5.3 Attorney Signing the Application of this guide.

Scroll to top)

7. Change of Name after Marriage

Any person who marries in Australia may choose to assume their spouse's surname or combine. This is done as a matter of custom and not of law. For example:

  • Adopting and replacing - Simone Smith to Simone Jones
  • Adopting and hyphenating - John Smith to John Smith-Jones
  • Adopting as two part surname - Simone Smith to Simone Smith Jones

There is no obligation on any married person to adopt their partner’s surname following their marriage. Both partners in a marriage may join their surnames in any order to form a hyphenated surname. The law is however concerned that whatever name is adopted, then the adopted name is the only name that is used from the time of changing their name.

If a person has changed their name following marriage and is registered as an owner of land or has an interest registered on a certificate of title in a former name, it would be prudent to consider updating the name registered on the certificate of title.

Where two proprietors of the same land have both changed their names following marriage, the names of both proprietors or interest holders can be changed in one change of name application.

7.1. When is it no longer just a change of name by marriage?

Where a proprietor seeks to move a surname to a given name and adopt a new surname by marriage, the two part change cannot be done using just the Marriage Certificate. This is different to adopting a new surname by marriage or by joining it to the existing as shown in the above samples. A Change of Name Certificate as issued by Births Deaths and Marriages will need to form part of the application.

7.2. Forms to Complete and Evidence Required

A registered proprietor changing their name by marriage must complete and provide:

There is a fee payable to Australia Post for this service.

7.3. Statutory Declaration

The applicant must provide a statutory declaration stating:

  • The true and correct name, address and occupation of the declarant (the person/s making the declaration)
  • The status of the person making the declaration in relation to the certificate of title (e.g. as one of the registered proprietors) and how they are currently described on the title, including reference to former name (and address if applicable)
  • The legal land description of the certificate of title/s and the volume and folio reference (e.g. lot 124 on deposited plan 74587, volume 3000 folio 124) and if applicable, the number of the mortgage, charge or lease of land.
  • The full name of the person to whom the applicant was married and when, including a statement that a certified copy of the marriage certificate is being provided with this declaration
  • The new true and correct married name following the marriage
  • That the person (full name) described on the certificate of title (include status or capacity e.g. as registered proprietor) is identical with and one and the same person as the person (full name) described on the marriage certificate.

Note: Check the name shown on the marriage certificate carefully, the name shown is usually the former name of the person being married and not the new married name.

Click on this link for an information brochure which provides examples of the completed application form and a statutory declaration (for registered proprietors): Change Name following Marriage.

7.4. Attorney signing the Change of Name form

Refer to section 3.1. And 5.3 Attorney Signing the Application of this guide.

(scroll to top)

8. Return to Birth/Maiden Surname

There is no legal requirement to formally change the name of any person wishing to change their name back to their maiden name (surname at birth or adoption).

However, to avoid difficulties with obtaining recognition of a birth name, the Registry of Births, Deaths and Marriages in WA recommends registering a change of name.

Further information on the change of name process is available by clicking on this link: http://www.bdm.dotag.wa.gov.au which will direct you to the Registry of Births, Deaths and Marriages in WA.

If a person who has changed back to their birth name is registered as an owner of land or has an interest registered on a certificate of title in a former name, it would be prudent to consider updating the name registered on the certificate of title.

8.1. Forms to Complete and Evidence to be Provided

A registered proprietor changing to their birth/maiden name must complete and provide:

8.2. Statutory Declaration

The applicant must provide a statutory declaration stating:

  • The true and correct name and address and occupation of the declarant (the person/s making the declaration)
  • The status of the person making the declaration in relation to the certificate of title (e.g. as one of the registered proprietors) including reference to former name (and address if applicable)
  • The legal land description of the certificate/s of title and the volume and folio reference (e.g. lot 124 on deposited plan 74587, volume 3000 folio 124) and if applicable, the number of the mortgage, charge or lease of land.
  • The true and correct name given at birth including a statement that a certified copy of the birth certificate is being provided with this declaration
  • The date (on or around) they changed back to their maiden name
  • That the person (full name) described on the certificate of title (include status or capacity, e.g. as registered proprietor) is identical with and one and the same person as the person (full name) described on the birth certificate.

Click on this link for an information brochure which provides examples of the completed A5 application form and a statutory declaration (for registered proprietors): Change Name to your Birth Name.

8.3. Attorney Signing the Change of Name form

Refer to section 3.1. And 5.3 Attorney Signing the Application of this guide.

(scroll to top)

9. Amendment of Name by Change of Name Certificate

In Western Australia, an adult person may change their name by completing a change of name (adult) application form with the Registry of Births, Deaths and Marriages.

Change of name certificates were introduced in 1998. Prior to this date, changes of name were registered with the Registry of Births, Deaths and Marriages by license to change name and by deed poll.

Further information on the change of name process is available by clicking on this link: http://www.bdm.dotag.wa.gov.au which will direct you to the Registry of Births, Deaths and Marriages in WA.

If a person who has changed their name (by official registration at the Registry of Births, Deaths and Marriages) is registered as an owner of land or has an interest registered on a certificate of title, it would be prudent to consider updating the name registered on the certificate of title.

9.1. Forms to Complete and Evidence Required

A registered proprietor returning to their maiden surname must complete and provide

9.2. Statutory Declaration

The applicant must provide a statutory declaration stating:

  • The true and correct name and address and occupation of the declarant (the person/s making the declaration)
  • The capacity of the person making the declaration in relation to the certificate of title (e.g. I am one of the registered proprietors) and how they are currently described on the title, including reference to former name and former address (address where applicable)
  • The legal land description of the certificate/s of title and the volume and folio reference (e.g. lot 124 on deposited plan 74587, volume 3000 folio 124) and if applicable, the number of the mortgage, charge or lease of land.
  • What changed and when (e.g. “On [date] I changed my name from [former name] to [new name] as shown in the certified copy of the change of name certificate [number].)”
  • The statement “My true and correct name is now [full name].”
  • That the person (full name) described on the certificate of title (include status or capacity, e.g. as registered proprietor) is identical with and one and the same person as the person (full name) described on the change of name certificate.

If a birth certificate also includes a change of legal name it is OK to refer to this in the declaration as “birth certificate” or “change of name certificate” or even “birth certificate incorporating a change of name”.

Click on this link for an information brochure which provides examples of the completed A5 application form and a statutory declaration (for registered proprietors): Change Name to your Birth Name.

9.3. Attorney Signing the Change of Name form

Refer to section 3.1. And 5.3 Attorney Signing the Application of this guide.

(scroll to top)

10. Change of Name of a Company/Corporation or Incorporated Association

When a company/corporation has changed their name and they are the owner or an interest holder registered on a certificate of title, a change of name of the company is recommended.

Note: A change of company name for the purpose of this section can only be used where the company is one and the same entity, being they have the same Australian Company Number (ACN). Where the company ACN differs this may not be a change of name but a Transfer of Land or Vesting Application.1

10.1. Forms to Complete and Evidence Required

A company who is registered as a proprietor or interest holder in land, recording a name change on a certificate of title must complete and provide:

AND ONE OF THE FOLLOWING

  • The original of the change of name certificate issued by the Australian Investment and Securities Commission “ASIC” or a copy of the ASIC online change of name certificate (not just a photocopy)

OR

  • Original of the change of name certificate issued by the Department of Mines, Industry Regulation and Safety Consumer Protection or a copy of the online change of name certificate (not just a photocopy)

A Statutory Declaration is not required for a company; only the ASIC or DMIRS change of name certificate is required as evidence.

For information on how a company may execute (sign) a document please refer to SIG-03 Signing by a Corporation. On how an Incorporated Association may execute (sign) a document please refer to SIG-05 Signing by an Incorporated Association.

A witness to the signing is not required.

10.2. Incorporated association change to a corporation

Where an Incorporated Association registered under the Associations Incorporation Act 2015 (formerly Associations Incorporation Act 1987 - now repealed) changes to a Corporation under the Corporations Act 2001, this is not a change of name for the purpose of this sections. Please see VES-01 Vesting Applications.

A Vesting Application in lieu of a change of name application may also apply to Government Authorities as well as Indigenous/Aboriginal Associations where the change is based on legislation or Government Gazettes.

10.3 Local, State or Federal Agency name change13

The type of application required to give effect to a change of name for a Local, State or Federal entity will depend on how and by what mechanism the changes occurred, such as how the legislation or Government Gazettes is worded.

In the cases where agencies merge or separate, the assets of the 2 entities generally ‘vest’ in the new entity and therefore an Application under s.242 of the Transfer of Land Act 1893 would be the likely avenue. Please see VES-01 Vesting Applications. 

Where a local government changes from a Town to a Shire or Shire to a City, this is generally a change of name as described above in this section.

The evidence to support a Local, State or Federal entity change of name may vary, but likely to be in the form of a statutory declaration setting out the facts and events and extracts of the relevant legislation and or Gazette.

13Section added 05/11/2024

(scroll to top)

11. Multiple Reasons for Change of Name

Where a proprietor has changed their name multiple times due to various life events, the proprietor can make one application that must clearly set out the events and provide the appropriate evidence in support.

The supporting statutory declaration may contain elements of one or more reasons, events and evidence as covered in the above scenarios.

11.1. Forms to Complete and Evidence to be Provided

A registered proprietor (or other interest holder) changing their name must complete and provide:

11.2. Statutory Declaration

The applicant must provide a statutory declaration stating:

  • The true and correct name, address and occupation of the declarant (the person/s making the declaration)
  • The status of the person making the declaration in relation to the certificate of title (e.g. as one of the registered proprietors) and how they are currently described on the title, including reference to former name (and address if applicable)
  • The legal land description of the certificate/s of title and the volume and folio reference (e.g. lot 124 on deposited plan 74587, volume 3000 folio 124) and if applicable, the number of the mortgage, charge or lease of land.
  • Address the changes of name by reference to the event and date and the inclusion of the evidence to support. Repeat as required. An example of a set of events could look like:
    • On dd/mm/yyyy I married John Smith as appears in the certified copy of my marriage certificate produced herewith and I assumed the name Susan Mary  Smith.
    • On or about dd/mm/yyyy I divorced John Smith and I reverted back to my maiden name of Susan Brown as appears in the certified copy of my birth certificate produced herewith.
    • When the land was transferred to me, I did not realise my middle Mary had been shown. Mary is a confirmation name and is not part of my legal nameas it does not appear on my birth certificate
  • My true and correct name is Susan Brown.The new true and correct married name following the events.
  • That the person (full name) described on the certificate of title (include status or capacity e.g. as registered proprietor) is identical with and one and the same person as the person (full name) described on the evidence.

11.3. Attorney Signing the Change of Name form

Refer to section 3.1. And 5.3 Attorney Signing the Application of this guide.

(scroll to top)

12. Change of Name by Repute and Usage

Under s.36 of the Birth, Deaths and Marriages Act 1998 (referred to as the Act in this section), a person is not prevented from establishing a change of name by repute or usage where the change is made after the commencement of the Act. This Act was proclaimed on 14 April 1999.

Where a person is seeking to change their name by repute and usage and they permanently reside in Western Australia, changing to the repute and usage name on the certificate of title can be a difficult process as Landgate applies strict evidential standards to prove the change in name.

As Landgate’s evidential standards may make changing a name on a certificate of title by repute and usage difficult, any person changing their name by repute and usage may wish to consider the change of name process provided by the Registry of Births, Deaths and Marriages as an alternative to changing a name by repute and usage.

Further information on the change of name process is available by clicking on this link: http://www.bdm.dotag.wa.gov.au which will direct you to the Registry of Births, Deaths and Marriages in WA.

Where a person changing their name by repute and usage lives permanently outside of Western Australia, any change of name by repute and usage must comply with the laws of the State (if within Australia) or the country (if outside of Australia).

Where the change of name is governed by another State within Australia or by another country when outside of Australia, a copy of the relevant legislation should be provided with any application to amend a person’s name.

12.1. Forms to Complete and Evidence Required

  • A registered proprietor (or registered interest holder) changing their name by repute and usage must complete and provide an application form. (All forms are available by clicking on this link: https://www0.landgate.wa.gov.au/titles-and-surveys/forms-and-fees/land-titling-forms)
  • a statutory declaration made by the person changing their name must include at least the following information:
    • the land description of the property and the interest details if applicable (eg: the mortgage or lease number)
    • the reason(s) for the change of name
    • evidence of the use of the previous name
    • evidence (as set out below) of the use of the repute and usage name
    • a statement confirming the person described on the title (mortgage/lease) is one and the same person being declarant and as shown in each of the evidences provided with the declaration
    • evidence showing the use of the new name must be produced and referred to in a statement in the declaration.
  • at least 2 separate statutory declarations from persons qualified to witness statutory declarations in WA (as set out in the Oaths, Affidavits and Statutory Declarations Act 2005), including the following statements:
    • a statement verifying the person changing their name is known to the declarant, both before and after the change of name.
    • statements that set out the details of how they have come to know the person changing their name and how they have used both a former and the new name.
  • Evidence that can be used to support the change of name include all of the following:
    • Statements from rating authorities (e.g. Local Council rates notice)
    • Statement from financial bodies (e.g. bank statements, credit card statements)
    • Statements from public utilities (e.g. Power bills from Western Power)
    • Identification cards issued by Commonwealth, State or Territory authorities, showing the new name (e.g. driver’s license, passports, proof of age cards)
    • Licenses or permits issued under a common law

(scroll to top)

13. Change of Name by Licence to Change Name or Deed Poll

Based on the repeal of the Change of Names Regulation Act 1923 on 14 April 1999, a person no longer needs to formally change his or her name by deed poll or licence. They can now assume a new name if they can show that the new name was established by repute or usage (see paragraph 12 relating to Repute and Usage ).

From the above-mentioned date, the Registrar of Births, Deaths and Marriages will not accept deed polls and licences for registration. However, it is possible to formally change a name by registration of that name at the office of the Registrar of Births, Deaths and Marriages and receive a certificate issued under s.57 of the Birth, Deaths and Marriages Act 1998. This may be advisable at times because other authorities (eg: the Passport Office) may require documentary proof of the person’s correct name. The appropriate change of name by certificate should be used (see paragraph 11 relating to change of name certificate).

(scroll to top)