Residual Documents | Help Centre

Saysa · ‎04-03-2019

Last updated: 08 December 2020
Jurisdiction: VIC, NSW, SA
Additional Resources: Help Card

Overview

Residual documents in PEXA are a large collection of infrequently lodged registry documents that previously had to be lodged in paper. These can include Acts, Legislations, or other document types that don't fall into any of the main categories currently available in PEXA. To address this, we’ve created a new category called Other Documents that comprises all residual documents so users can now create and lodge them via PEXA.

Download a copy of Land Use Victoria information sheet on Residual Documents here.

Who can create residual documents?
Where can I find residual documents in PEXA?
Do I need to include any attachments?
Pricing for residual documents

Who can create Residual Documents in PEXA?

These documents are accessible to users of any Workspace role but we recommend that the document is created by the subscriber in the role of To Deal with an Interest.

Where can I find Residual Documents in PEXA?

We've categorised all residual documents into one location — Other Documents — to make it easier for you to find. To create a residual document, navigate to the Document screen and select Create Documents > Other Documents. As we continue to release more residual documents, they will also be found in this Section.

Do I need to include any attachments?

Some residual documents may require you to upload and attach a scanned copy of the instrument (in PDF format). Check the requirements for your jurisdiction to determine if an attachment is required to support the dealing.

Pricing for residual documents

For information on pricing for each residual document, visit the Documents Pricing page.

Available Residual Documents

Residual documents will be incrementally released and as they become available, we'll list them here.

VIC

Please refer to the Guide to Residual Documents in PEXA (found under the Guides section) for specific requirements for each residual document.

Land Registry Victoria also provides additional information about residual documents on their website.

Available in PEXA now:

ACTION - APPLICATION - AMEND CAVEATOR ADDRESS Transfer of Land Act - Section 113
ACTION - APPLICATION - AMEND INTEREST HOLDER ADDRESS Transfer of Land Act - Section 113
ACTION - APPLICATION - AMEND MORTGAGEE ADDRESS Transfer of Land Act - Section 113
ACTION - APPLICATION - AMEND PROPRIETOR ADDRESS Transfer of Land Act - Section 113
ACTION - APPLICATION - AMENDMENT BY COURT/VCAT ORDER Transfer of Land Act - Section 103
ACTION - APPLICATION - CORRECT ERRORS Transfer of Land Act - Section 103
ACTION - APPLICATION - GROUNDS FOR REFUSAL Transfer of Land Act - Section 116
ACTION - APPLICATION - NEW FOLIO Transfer of Land Act - Section 32
ACTION - APPLICATION - NEW FOLIOS FOR SEPARATELY DISPOSABLE PARCELS Transfer of Land Act - Section 32
ACTION - APPLICATION - REMOVE CAVEAT Transfer of Land Act - Section 89A
ACTION - APPLICATION - REPLACE LOST OR DESTROYED CERTIFICATE OF TITLE Transfer of Land Act - Section 31
ACTION - CAVEAT - FORBIDDING CHANGE OF BOUNDARIES Transfer of Land Act - Section 100
ACTION - CAVEAT - FORBIDDING GENERAL LAW APPLICATION Transfer of Land Act - Section 26R
ACTION - CAVEAT - FORBIDDING REMOVAL OF EASEMENT Transfer of Land Act - Section 73
ACTION - CAVEAT - FORBIDDING VESTING Transfer of Land Act - Section 61
ACTION - GENERAL LAW CONVERSION - NON-SURVEY Transfer of Land Act - Section 14
ACTION - NOTICE - ABANDONMENT Transfer of Land Act - Section 89A
ACTION - NOTICE - CAVEATOR Transfer of Land Act - Section 89A
ACTION - NOTICE - REGISTERED PROPRIETOR Transfer of Land Act - Section 89A
ACTION - REGISTRAR'S CAVEAT Transfer of Land Act - Section 106
ACTION - VARIATION OF PRIORITY OF MORTGAGES Transfer of Land Act - Section 75B
AGREEMENT - Building Act - Section 163
AGREEMENT - Conservation Forests & Lands Act - Section 72
AGREEMENT - Development Victoria Act - Section 49
AGREEMENT - Docklands Act - Section 24
AGREEMENT - Planning and Environment Act - Section 201SLB
AGREEMENT - Section 173 - Planning & Environment Act - Section 173
AGREEMENT - Subdivision Act - Section 17
AGREEMENT - Subdivision Act - Section 21
APPLICATION - AMENDMENT BY COURT/VCAT ORDER - Transfer of Land Act - Section 103
CHANGE PROPRIETORSHIP - ACQUISITION BY ACQUIRING AUTHORITY Transfer of Land Act - Section 54
CHANGE PROPRIETORSHIP - FORECLOSURE BY MORTGAGEE Transfer of Land Act - section 79
CHANGE PROPRIETORSHIP - MORTGAGED LEASE Transfer of Land Act - Section 68
CHANGE PROPRIETORSHIP - TRANSFER OF EASEMENT Transfer of Land Act - Section 45
CHANGE PROPRIETORSHIP - TRANSMISSION BY TRUSTEE IN BANKRUPTCY Transfer of Land Act - Section 51
CHANGE PROPRIETORSHIP - VESTING - ACT OR COURT ORDER Transfer of Land Act - Section 59
CHANGE PROPRIETORSHIP - VESTING - COMPLETED PURCHASE Transfer of Land Act - Section 47
CHANGE PROPRIETORSHIP - VESTING - ROMAN CATHOLIC TRUSTS Roman Catholic Trusts Act - Section 10
CHANGE PROPRIETORSHIP - VESTING - SUCCESSOR AT LAW Transfer of Land Act - Section 59A
CHANGE PROPRIETORSHIP - VESTING - TRUST Transfer of Land Act - Section 58
CHANGE PROPRIETORSHIP - VESTING - UNITING CHURCH Uniting Church Act - Section 23
CHARGE - Retirement Villages Act - Section 29
NOTICE - GAIC - Planning & Environment Act - Section 201UB
NOTICE - Pipelines Act - Section 92
NOTICE - Retirement Villages Act - Section 9
RECORD - AGREEMENT - FORESTRY AND CARBON MANAGEMENT Climate Change Act - Section 58
RECORD - AGREEMENT Water Act - Section 234
RECORD - AGREEMENT Water Act - Section 244
RECORD - ANNUITY CHARGE Transfer of Land Act - section 74
RECORD - CHARGE Housing Act - Section 67
RECORD - CHARGE Legal Aid Act - Section 47A
RECORD - CHARGE Proceeds of Crime Act - Section 169
RECORD - COVENANT - HERITAGE COUNCIL Heritage Act - Section 134
RECORD - COVENANT - NATIONAL TRUST Heritage Act - Section 135
RECORD - COVENANT Victorian Conservation Trust Act - Section 3A
RECORD - CREATION - FOREST CARBON RIGHT Climate Change Act - section 57
RECORD - DECISION Water Act - Section 235
RECORD - JUDGEMENT DECREE ORDER OR PROCESS OF EXECUTION OF COURT Transfer of Land Act - Section 52
RECORD - LEASE Transfer of Land Act - section 66
RECORD - NO MORTGAGEE CONSENT - REINSTATE LEASE Transfer of Land Act - Section 88A
RECORD - NOTICE - STATUTORY CHARGE Transfer of Land Act - Section 106B
RECORD - NOTICE Carbon Credits (Carbon Farming Initiative) Act - Section 27
RECORD - NOTICE Cemeteries and Crematoria Act - Section 126
RECORD - NOTICE Heritage Act - Section 54
RECORD - NOTICE Housing Act - Section 110
RECORD - NOTICE Land Acquisition and Compensation Act - Section 10
RECORD - RESTRICTIVE COVENANT Transfer of Land Act - Section 88
RECORD - STATEMENT Planning & Environment Act - Section 110
RECORD - SUB-LEASE Transfer of Land Act - Section 71
RECORD - TRANSFER - FOREST CARBON RIGHT Transfer of Land Act - Section 45
REMOVE - AGREEMENT Forestry Rights Act - Section 10
REMOVE - AGREEMENT - Section 173 Planning & Environment Act - Section 177
REMOVE - AGREEMENT Building Act - Section 164
REMOVE - AGREEMENT Conservation Forests & Lands Act - Section 72
REMOVE - AGREEMENT Planning and Environment Act - Section 201SLG
REMOVE - AGREEMENT Water Act - Section 237
REMOVE - AGREEMENT Water Act - Section 245
REMOVE - ANNUITY CHARGE - SATISFACTION Transfer of Land Act - Section 84
REMOVE - CHARGE Housing Act - Section 67
REMOVE - CHARGE Legal Aid Act - Section 47D
REMOVE - CHARGE Proceeds of Crime Act - Section 169
REMOVE - CHARGE Retirement Villages Act - Section 32
REMOVE - COVENANT - HERITAGE COUNCIL Heritage Act - Section 134
REMOVE - COVENANT - NATIONAL TRUST Heritage Act - Section 135
REMOVE - DECISION Water Act - Section 237
REMOVE - DECLARATION Housing Act - Schedule 6 Clause 6
REMOVE - EASEMENT - SURRENDER Transfer of Land Act - Section 45
REMOVE - EASEMENT Transfer of Land Act - Section 73
REMOVE - ENCUMBRANCE Transfer of Land Act - Section 106
REMOVE - JUDGEMENT DECREE ORDER OR PROCESS OF EXECUTION OF COURT Transfer of Land Act - Section 52
REMOVE - LEASE - DETERMINATION Transfer of Land Act - Section 70
REMOVE - LEASE - SURRENDER Transfer of Land Act - Section 69
REMOVE - MORTGAGE - PROOF OF PAYMENT Transfer of Land Act - Section 84
REMOVE - MORTGAGE - TREASURER'S RECEIPT Transfer of Land Act - Section 85
REMOVE - NO MORTGAGEE CONSENT - LEASE Transfer of Land Act - Section 88A
REMOVE - NO MORTGAGEE CONSENT - RESTRICTIVE COVENANT Transfer of Land Act - Section 88B
REMOVE - NO MORTGAGEE CONSENT - VARIATION OF EASEMENT Transfer of Land Act - Section 88B
REMOVE - NO MORTGAGEE CONSENT - VARIATION OF LEASE Transfer of Land Act - Section 88A
REMOVE - NO MORTGAGEE CONSENT - VARIATION OF RESTRICTIVE COVENANT Transfer of Land Act - Section 88B
REMOVE - NO MORTGAGEE CONSENT - EASEMENT Transfer of Land Act - Section 88B
REMOVE - NOTICE - GAIC Planning & Environment Act - Section 201UC
REMOVE - NOTICE - STATUTORY CHARGE Transfer of Land Act - Section 106B
REMOVE - NOTICE CEMETERIES & CREMATORIA ACT - Section 127
REMOVE - NOTICE Heritage Act - Section 54
REMOVE - NOTICE Housing Act - Section 110
REMOVE - NOTICE Land Acquisition Compensation Act - Section 10
REMOVE - NOTICE OF ACQUISITION Transfer of Land Act - Section 57
REMOVE - NOTICE Retirement Villages Act - Section 39
REMOVE - RESTRAINING ORDER Confiscation Act - Section 27
REMOVE - RESTRAINING ORDER Proceeds of Crime Act - Section 42
REMOVE - RESTRICTIVE COVENANT Transfer of Land Act - Section 88
REMOVE - STATEMENT Planning & Environment Act - Section 110
REMOVE - WARRANT - SATISFACTION Transfer of Land Act - Section 52
RESTRAINING ORDER - Confiscation Act - Section 18
RESTRAINING ORDER - Confiscation Act - Section 36M
RESTRAINING ORDER - Confiscation Act - Section 40I
RESTRAINING ORDER - Crimes (Superannuation Benefits) Act - Section 34
RESTRAINING ORDER - Proceeds of Crime Act - Section 34
VARY - ANNUITY CHARGE Transfer of Land Act - Section 75A
VARY - AGREEMENT - FORESTRY AND CARBON MANAGEMENT Climate Change Act - Section 65
VARY - AGREEMENT - Section 173 Planning & Environment Act - Section 178
VARY - AGREEMENT Building Act - Section 164
VARY - AGREEMENT Conservation Forests & Lands Act - Section 76
VARY - AGREEMENT Planning and Environment Act - Section 201SLF
VARY - AGREEMENT Water Act - Section 237
VARY - AGREEMENT Water Act - Section 245
VARY - COVENANT - HERITAGE COUNCIL Heritage Act - Section 134
VARY - COVENANT - NATIONAL TRUST Heritage Act - Section 135
VARY - COVENANT Urban Land Authority Act - Section 14
VARY - COVENANT Victorian Conservation Trust Act - Section 3A
VARY - DECISION Water Act - Section 237
VARY - LEASE Transfer of Land Act - Section 67A
VARY - MORTGAGE Transfer of Land Act - Section 75A
VARY - NOTICE Land Acquisition Compensation Act - Section 10
VARY - RESTRICTIVE COVENANT Transfer of Land Act - Section 88

NSW

In NSW, these new residual documents will replace the Temporary COVID-19 Residuals made available earlier this year.

Please note that any Temporary COVID-19 residual documents that are not lodged before Friday 4 September 2020 will not be accepted by the NSW LRS.

After this date, you will be required to delete any applicable instruments and recreate them as Residual Documents for lodgement via PEXA.

Consolidation/Change of By-laws - s141 of the Strata Schemes Management Act 2015
Change of Name
Change of Name of Lessee, Mortgagee or Chargee
Variation of Lease - s55A Real Property Act 1900
Change of Address of Owners Corporation - s265 Strata Schemes Management Act 2015
Change of Address of Association - s21 Community Land Management Act 1989
Change of Address for Service of Notices of Caveator - s74N(3) Real Property Act 1900
Change of Name of Caveator - s74N(3) Real Property Act 1900
Positive Covenant - s88E(3) Conveyancing Act 1919
Positive Covenant (with Registered Interest Holder Consent) - s88E(3) Conveyancing Act 1919
Restriction on the Use of Land by a Prescribed Authority - s88E(3) Conveyancing Act 1919
Restriction on the Use of Land by a Prescribed Authority (with Registered Interest Holder Consent) - s88E(3) Conveyancing Act 1919
Restriction on the Use of Land - s88 Conveyancing Act 1919
Restriction on the Use of Land (with Registered Interest Holder Consent) - s88 Conveyancing Act 1919
Restriction on the Use of Land Vested in a Prescribed Authority - s88D(3) Conveyancing Act 1919
Transfer Severing Joint Tenancy in an Interest - s97 Real Property Act 1900
Transfer Severing Joint Tenancy - s97 Real Property Act 1900
Transfer Altering Tenancy (Joint Tenants to Tenants in Common in Equal Shares) - Real Property Act 1900
Transfer Altering Tenancy (Tenants in Common in Equal Shares to Joint Tenants) - Real Property Act 1900
Variation of Mortgage - s91 Conveyancing Act 1919
Transfer Creating a Profit a Prendre - s88AA Conveyancing Act 1919
Transfer Creating a Forestry Right - s87A Conveyancing Act 1919
Charge - s56(2) Real Property Act 1900
Covenant Charge - s88D, s88E, s88F(4)(a) Conveyancing Act 1919
Discharge of Charge
Positive Covenant Affecting Land Vested in a Prescribed Authority - s88D(3) Conveyancing Act 1919

SA

NOTE A RETIREMENT VILLAGE - APPLICATION TO REGISTER / NOTE RETIREMENT VILLAGE PURSUANT TO SECTION 56 OF THE RETIREMENT VILLAGES ACT 2016 - Noting the fact that the within land is used as a Retirement Village
NOTE A RETIREMENT VILLAGE - APPLICATION TO REGISTER / NOTE RETIREMENT VILLAGE PURSUANT TO SECTION 56 OF THE RETIREMENT VILLAGES ACT 2016 - Noting the fact that the within land is to be used as a Retirement Village
CANCELLATION/TERMINATION OF RETIREMENT VILLAGE - APPLICATION TO CANCEL ENDORSEMENT OF A RETIREMENT VILLAGE PURSUANT TO SECTION 56 OF THE RETIREMENT VILLAGES ACT 2016 - Signed by the Registered Proprietor(s)
CANCELLATION/TERMINATION OF RETIREMENT VILLAGE - APPLICATION TO TERMINATE ENDORSEMENT OF A RETIREMENT VILLAGE PURSUANT TO SECTION 59 OF THE RETIREMENT VILLAGES ACT 2016 - Signed by the Minister
CESSATION OF LIEN - CESSATION OF LIEN (WORKER'S LIENS ACT 1893) - Applicant(s) is the Registered Proprietor(s) of a title (Lienor failed to bring Action)
CESSATION OF LIEN - CESSATION OF LIEN (WORKER'S LIENS ACT 1893) - Applicant(s) is Prescribed Person on behalf of the Registered Proprietor(s) of a title (Lienor failed to bring Action)
CESSATION OF LIEN - CESSATION OF LIEN (WORKER'S LIENS ACT 1893) - Applicant(s) is the Proprietor(s) of an interest (Lienor failed to bring Action)
CESSATION OF LIEN - CESSATION OF LIEN (WORKER'S LIENS ACT 1893) - Applicant(s) is the Registered Proprietor(s) of a title (pursuant to Court Order)
CESSATION OF LIEN - CESSATION OF LIEN (WORKER'S LIENS ACT 1893) - Applicant(s) is Prescribed Person on behalf of the Registered Proprietor(s) of a title (pursuant to Court Order)
CESSATION OF LIEN - CESSATION OF LIEN (WORKER'S LIENS ACT 1893) - Applicant(s) is the Proprietor(s) of an interest (pursuant to Court Order)
REMOVAL OF CAVEAT - REMOVAL OF CAVEAT - Applicant(s) is all the Registered Proprietor(s) of a title
REMOVAL OF CAVEAT - REMOVAL OF CAVEAT - Applicant(s) is one of the Registered Proprietor(s) of a title
REMOVAL OF CAVEAT - REMOVAL OF CAVEAT - Applicant(s) is all the Proprietor(s) of an Interest
REMOVAL OF CAVEAT - REMOVAL OF CAVEAT - Applicant(s) is one of the Proprietor(s) of an Interest

Steps

In addition to the general steps on how to create a residual document, please also refer to the specific requirements for each document.

In this section:

Create a Residual Document
Create a Generic Residual ‘Record-Notice - Transfer of Land Act' document (VIC)
Create a COVID-19 Residual Lodgement (NSW)

Create a Residual Document

Create a Workspace with the following settings:
- Representative Role:
  - In the corresponding role:
    - If you represent participants who are on-title then create or join the Workspace in the corresponding role, or switch roles to the correct corresponding role (for example, Proprietor on Title, Mortgagee on Title).
  - To Deal with an Interest:
    - If you represent an interest party on title
    - If you represent a party who is not already registered on title.
  - Incoming Proprietor:
    - If you are completing a VIC TRANSMISSION BY TRUSTEE IN BANKRUPTCY - Section 51.
Financial Settlement required?: No
Complete the other fields as required.
Manage parties.
- Represent existing parties on title
  If you represent a participant who is currently on-title, from the Actions column, select Edit Party and complete the party details.
- Create a new party to the Workspace
  If you don’t represent any parties currently on-title then click Create Party and complete the party details to add them to the Workspace.
Create Residual Document.
1. Navigate to the Document screen.
2. Select Create Document > Other Documents.
3. Start typing the name of the document or a keyword for the document (e.g. "173" or "Dealings") to locate the relevant Act / Legislation / Document from the list.
4. Select the document from the list and click Proceed.
5. Complete the form and Save it when you're done.
If required, Upload and Attach File to the document.
Some residual documents may require you to attach a scanned copy of the instrument to be lodged together. Please reference the Land Registry document to determine if an attachment is required, and the category to which this document is attached.
1. Navigate to the Files screen.
2. Click Upload File and select the file you'd like to upload.
3. Click Upload when done.
4. On the Files screen, from the Actions column, select Attach next to the file you want to attach to the instrument.
5. Click Attach.
If required, prepare the following documents:
- VIC: Nomination or wait for the CT Controller to prepare the Nomination.
- NSW: CoRD Holder Consent.
  Note: A CoRD (Control of the right to deal) holder consent is required for certain dealing types. For more information, refer to the NSW guidelines.
Edit the Lodgement Instructions:
1. From the Actions column, select Edit next to the Lodgement Instructions.
2. Check the details and then click Save.
View, Sign, and Lodge the documents:
We recommend that you view the documents before you sign and submit it for lodgement.
1. Once the document is Prepared and Successful, select View to view a render of this document. Click Back to return to the Documents screen.
2. From the Actions column, select Sign to sign the documents.
3. From the Actions column, select Submit for Lodgement to lodge it with the Land Registry.

Create a Generic Residual ‘Record-Notice - Transfer of Land Act' document (VIC)

Applicable in VIC only, this residual dealing type allows you to submit a paper dealing via PEXA.

For information on how to create a Generic Residual ‘Record-Notice - Transfer of Land Act' document, please see here.

Create a residual documents (NSW)

Refer to the PDF help cards (links below) for instructions on the following residual documents:

Transfer Severing Joint Tenancy (NSW)
Transfer Altering Tenancy (NSW)
Change of Name (NSW)
Consolidation/Change of By-Laws