Notice of application for destruction or damage scheme under section 48 of the Unit Titles Act 1972

An application made to the High Court under section 48(1) of the Unit Titles Act 1972 for an Order to settle a scheme requires a notice of the application to be served on the Registrar-General of Land (RGL).

The RGL must not be named as a respondent to the application. His role under section 48 is limited to entering a notification of the application on the supplementary record sheet (SRS).

The means of giving notice is by an electronic lodgement as an Image Only instrument – code N74 – signed by the parties. An A&I form is not required.

Only the notice itself is required. Neither the Originating Application, nor the supporting documents are to be included.

There is no prescribed form, but a notice should include:

  • the identifier of the relevant SRS (which also needs to be entered in the e-dealing)
  • sufficient information to identify the unit(s) or other land to which the application relates
  • the application number and relevant Court Registry
  • the signature of the solicitor acting, or of some other person with legal authority to sign on behalf of the applicant.

The standard registration fee is payable.