Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 34

Instruments entitled to priority according to date of lodgment for registration

34. Instruments entitled to priority according to date of lodgment for
registration



(1) Save as otherwise expressly provided every instrument lodged for
registration shall be registered in the order in which and as from the time at
which it is lodged for that purpose, and instruments purporting to affect the
same estate or interest shall be entitled to priority as between themselves
according to order of lodgment for registration and not according to the date
of the instrument or any other factor1.

(2) Subject to this section, if two or more instruments signed by the same
proprietor and purporting to affect the same estate or interest are at or
about the same time lodged for registration, the Registrar shall register that
instrument which is lodged by the person submitting the duplicate Crown grant
certificate of title mortgage charge or lease (as the case may be).

(3) If two or more instruments which affect the same land are lodged and are
awaiting registration, the Registrar may register those instruments in the
order which will give effect to the intentions of all the parties, as
expressed in or apparent to the Registrar from those instruments.