1: Navigate to the Prepare Notice of Claim page.
To open the page to prepare the instrument, choose 1 of the following:
- Select the Notice of Claim hyperlink when the instrument details are collapsed.
- Select the Prepare button when the Notice of Claim instrument details are displayed.
- Select the 3-dot menu, to the right of the Notice of Claim instrument. Then select Prepare instrument.
2: Select Title mode.
Select Title to put the instrument into Title mode. You use this mode to prepare a Notice of Claim for a registered owner over all the affected titles.
You use Instrument mode to prepare a Notice of Claim in respect of a lease, mortgage, encumbrance or other registered interest.
3: Enter the Claimant’s name.
Enter the full name of the Claimant into the Full name field.
A Claimant cannot be a corporate.
4: Select the relevant affected owner.
Review the Affected owner(s) section and tick the checkbox of the spouse, civil union, de facto partner or related party affected by the Notice of Claim.
When checked the affected owners will appear in the Summary tab.
If you tick the checkbox next to a corporate name, the Claimant is not in a direct relationship with the registered owner(s) checkbox will automatically tick.
When this checkbox is selected, either automatically or by choice, all the checkboxes next to owner names will disappear.
Untick this checkbox if you want to undo your selection.
The corporate doesn't appear in the Summary tab.
When the Claimant is not in a direct relationship with the registered owner(s) checkbox is selected then the Spouse/partner/defacto section will appear. You need to describe the connection of the claimant with the registered owner(s).
Enter a name of the spouse, partner or defacto you're claiming against into the Full name field.
In the Derivation from the registered owner(s) field explain how the affected owners are connected, how the corporate is connected to the spouse, partner or defacto and affected owners. Add whoever else is relevant to the claim.
Change due to pending dealing
Use the Change due to pending dealing toggle under the Affected owner(s) section to edit the current owner details or to deal with protected (hidden) titles. For example, use when an instrument in a prior dealing is updating who the registered owners will be.
To reorder the owners, select the 6-dot icon to the left of an owner and drag and drop them above or below another owner.
Revert / update
Use the Revert/Update button above the Affected owner(s) section to reset the owner names to reflect the Register and any prior instruments in the dealing. For example, if the name has been edited using Change due to pending dealing it will revert to what is recorded on the Register.
Another example is if a prior instrument has been added to your dealing which changes the registered owner. Using Revert/Update will pull through the updated names.
Additional Owner details
Select the person icon to the right of the owner’s name to view other details such as an alias, suffix or birth date of a minor.
Additional details are recorded for that registered owner if the person icon is filled in and blue.
5: Describe the connection of claimant, if needed.
Skip this step and go to Step 6 if there is a direct relationship with the affected owner.
If dealing with a related corporate the checkbox will automatically be selected.
Where relevant, you will need to explain the link between the registered owner and the spouse or partner of the Claimant. To do this check the Claimant is not in a direct relationship with the selected registered owner checkbox. Then enter information into the Describe the connection of claimant with selected registered owner(s) text box.
6: Select the relationship type and enter the supporting information.
By default, Marriage is selected as the relationship type. You will also need to enter the Date of Marriage and the Location of the marriage, if this is the correct type.
Select another relationship type as appropriate. If you select:
- Civil Union enter the Date of civil union and the Location of the civil union.
- De facto relationship enter the Duration of the relationship.
7: Enter the Address for Service of Claimant.
Select the delivery method: Email, Post or Fax. By default, Email is selected.
The Address fields will update depending on the delivery method.
Enter all address information. Mandatory fields are marked with a red asterisk.
8: Enter the Address of the Spouse, Civil Union or De Facto Partner.
Select the delivery method: Email, Post or Fax. By default, Email is selected.
The Address fields will update depending on the delivery method.
If available, enter the address for the spouse, civil union or de facto partner.
9: Upload an attachment to support the Notice of Claim, if needed.
Skip this step and go to Step 10 if you’re not uploading supporting documents.
Use the Attach image field to add PDFs. You can:
- drag and drop a PDF into the Attach image field, or
- select browse and upload a PDF from your files.
Each file must be under 45 MB in size and all attachments combined must not exceed 45 MB. You won’t be able to save the Prepare instrument page if any or all attachments exceed 45 MB.
Delete one or more attachments until the combined size is 45 MB or less.
You can view the attached PDF:
- by clicking on the PDF, or
- selecting the Preview Instrument button to view the compiled instruments and attachments.
10: Check the Summary to review the instrument details.
The Summary tab will automatically update and display a read-only summary of some key details entered in the left-hand side of the page.
Use the Preview Instrument button to view, print or download the full instrument preview, including any certifications and signatures.
11: Save the instrument details.
Select Save to save information and remain on the Notice of Claim page.
Select Save & back to save the information and return to the Instrument & Roles page.