My First Priorty Notice

[Yvette]

I am attempting my first priority notice.  I act for a incoming proprietor.  I hold paper Withdrawal of Caveat and 4 Discharges of Mortgage and a Transfer.  I do not have registration fees from the client, so want to lodge a priority notice until the client pays the registation fees so I can lodge the paper docs.  My question is - am I entering the workspace with the role of applicant OR incoming proprietor.  Also there is no option for me to add as a document, the withdrawal of Caveat.  Welcome any advice.  Thanks.

[Ames · Accepted solution]

Hi @Yvette

you should create the Workspace in the role of applicant*.

In NSW, a Priority Notice serves to prevent registration of other dealings, except those dealings excluded by s 74W (2) of the Real Property Act 1900 (NSW). One of the excluded dealings listed in s 74W (2) is a withdrawal of caveat. The paper WC you hold can be lodged regardless of any Priority Notice you lodge.

(*The role of Incoming Proprietor would be used only where you will complete the transfer in PEXA, as it would allow the Workspace to remain open following lodgement of the Priority Notice)

I hope this helps. Please see more Priority Notice FAQs here.