Victorian Consolidated Legislation

Associations Incorporation Act 1981 - SECT 9

Application for making of recordings in the Register

9. Application for making of recordings in the Register



(1) Where-

   (a)  land under the operation of the Transfer of Land Act 1958 vests in an
        incorporated association by reason of the operation of section 8(1) of
        this Act; and

   (b)  the registered proprietor has not executed an instrument as directed
        by section 59 of the Transfer of Land Act 1958 giving effect to that
        vesting-

the incorporated association may make an application in the prescribed form to
the Registrar for the making of any recordings in the Register that are
necessary or expedient in consequence of the vesting of land in the
incorporated association.

(2) An application under subsection (1) shall be accompanied by-

   (a)  the certificate of, or other evidence of, incorporation of the
        incorporated association;

   (b)  a declaration by the public officer of the incorporated association to
        the effect that the land is held in trust for or on behalf of the
        incorporated association or for any of its purposes;

   (c)  the certificate of title; and





   (d)  the prescribed fee.

(3) If-

   (a)  land that is not under the Transfer of Land Act 1958 vests in an
        incorporated association by reason of the operation of section 8(1) of
        this Act; and

   (b)  the person who, immediately before the land so vested, held the land
        has not executed a conveyance of that land to the incorporated
        association-

the incorporated association may make an application under Part II of the
Transfer of Land Act 1958 to bring the land under that Act by the creation of
a folio of the Register in respect of the land and that Part applies to an
application under that Part except to the extent that this section provides
for matters in that Part.

(4) An application under subsection (3) for bringing land under the operation
of the Transfer of Land Act 1958 shall be accompanied by-

   (a)  the certificate of, or other evidence of, incorporation of the
        incorporated association;

   (b)  a declaration by the public officer of the incorporated association to
        the effect that the land is held in trust for or on behalf of the
        incorporated association or for any of its purposes;

   (c)  any documents or evidences of title to the land that are in the
        possession or under the control of the incorporated association; and

   (d)  the prescribed fee.





(5) Where an application is made under subsection (1) or (3) to the Registrar,
the Registrar shall cause notice of the application to be given-

   (a)  by publication at least once in a newspaper circulating generally in
        the State; and

   (b)  personally or by post to each person who appears from the Register to
        be affected by the application.



(6) A notice under this section shall specify a time (being not less than 30
days) after the expiration of which the Registrar may, unless a caveat is
lodged forbidding such action, make the recordings referred to in subsection
(1) or bring the land under the operation of the Transfer of Land Act 1958 as
the case may be.

(7) A person claiming any estate or interest in the land to which an
application under subsection (1) or (3) relates may, before the making of the
recordings referred to in subsection (1) or the creation of the folio of the
Register, as the case may be, lodge a caveat with the Registrar in the form or
to the effect of the prescribed form forbidding the making of the recordings
or the bringing of the land under the Transfer of Land Act 1958.

(8) The Registrar upon lodgment of a caveat under subsection (7) shall notify
the applicant of the caveat and shall not proceed with the application until
the caveat has been withdrawn or has lapsed as provided in subsection (10) or
until a judgment or order in the matter has been obtained from the Supreme
Court.





(9) The applicant may, if he thinks fit, summon the caveator to attend before
the Supreme Court to show cause why any caveat lodged under subsection (7)
should not be removed and the Supreme Court may make such order in the matter
either ex parte or otherwise and as to costs as the Supreme Court thinks fit.

(10) After the expiration of 30 days after the lodgment of a caveat, the
caveat shall be deemed to have lapsed unless the caveator has within that time
commenced proceedings in a court of competent jurisdiction to establish his
title to the estate or interest specified in the caveat and has given written
notice thereof to the Registrar or has obtained and served on the Registrar an
injunction or order of the Supreme Court restraining him from making the
recordings referred to in subsection (1) or bringing the land under the
Transfer of Land Act 1958.

(11) A caveat shall not be renewed by or on behalf of the same person in
respect of the same estate or interest.

(12) In this section Registrar means the Registrar of Titles under the
Transfer of Land Act 1958 and includes any Deputy Registrar of Titles and any
Assistant Registrar of Titles.

(13) Subject to this Act, the Transfer of Land Act 1958 applies to an
application made under this section and so applies as if the application were
an instrument within the meaning of that Act.