New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 39

39 Treatment of dealings that do not comply with requirements

(1) The Registrar-General shall not register any dealing purporting to transfer or otherwise to deal with or affect any estate or interest in land under the provisions of this Act, except in the manner herein provided, and the Registrar-General may reject any dealing which the Registrar-General is satisfied should not be registered.

(1A) The Registrar-General:

(a) may refuse to register, or may reject, any dealing lodged for registration, and

(b) may reject any memorandum or caveat lodged with the Registrar-General,

that does not comply with any requirement made, with respect to the dealing, memorandum or caveat, as the case may be, by or under this or any other Act.

(1B) The Registrar-General may:

(a) refuse to accept for registration:

(i) a dealing purporting to transfer or otherwise to deal with or affect any estate or interest in land under the provisions of this Act, or

(ii) an application to effect a change in the name of a registered proprietor, or

(b) refuse to register such a dealing or application, or

(c) reject such a dealing or application,

if it is not accompanied by a fully completed notice in the approved form.

(1C) For the purposes of subsection (1B), a dealing or application is taken to be accompanied by a notice in the approved form if, before the presentation of the dealing or application, a notice relating to the dealing or application is lodged electronically in a form and in the manner approved by the Registrar-General.

(2) The Registrar-General may, at the Registrar-General’s discretion, register a dealing notwithstanding any error therein or omission therefrom and, in such case, the error or omission shall not invalidate the registration of the dealing.

(3) Instead of rejecting any dealing containing a patent error, the Registrar-General may of the Registrar-General’s own motion correct the error by marginal notation on the dealing, and the dealing so corrected shall have the like validity and effect as if the error had not been made.