Step 1: Navigate to the prepare transmission page
You access the Prepare transmission page from the Instruments & Roles page.
To open the page, choose 1 of the following:
a. Select the transmission hyperlink when the instrument details are collapsed.
b. Select the Prepare button when the transmission instrument details are displayed.
c. Select the menu, the 3-dot icon, to the right of the transmission instrument. Then select Prepare instrument from the menu.
Step 2: Select instrument mode
By default, Title mode is selected for a transmission instrument.
Select Instrument mode to prepare a transmission for a lessee, mortgagee or other type of interest.
Use Title mode to prepare a transmission in respect of ownership of the titles. See:
Prepare a transmission in Title mode
Step 3: Select the transmission type
The Transmission type field will automatically populate with:
- Executor/Administrator when there is an individual owner or when the registered owners are tenants in common
- Survivorship when the registered owners are joint tenants.
The Transmission type field won't automatically populate when there is a combination of ownership. For example, joint tenants and tenants in common, or when there is corporate ownership.
Select the down arrow at the end of the Transmission type field to view transmission types and select the appropriate option.
Step 4: Enter the date the applicant became entitled to the estate or interest
To enter a date either:
- type the date directly as dd/mm/yyyy, or
- select the calendar icon and find a date from the calendar.
The name of the date field updates depending on the transmission type.
Dates will be recorded as the date acquired on the resulting instrument. For example, when Survivorship is selected the field name will be Date of Death.
Step 5: Select which interest is being transmitted
Select the checkbox next to the interests affected by the transmission.
Only interest holders in a joint group can be selected when the transmission is for:
- Survivorship and Survivorship s72 Property Law Act 2007. You must leave at least one surviving interest holder.
- Simultaneous Death.
- Joint Family Homes.
For Executor/Administrator transmissions, interest holders in a joint group can’t be selected.
Manually enter Instrument number
You’ll need to manually enter an instrument number if the instrument you’re affected isn’t listed, such as, for a lease.
- Check the Manually enter Instrument number checkbox.
- Enter the Instrument number to be transmitted.
- Enter the Interest holder names. Use a comma to separate names when there are multiple interest holders.
This instrument will step down to Lodge if these fields are used.
Change due to pending dealing
Use the Change due to pending dealing toggle under the Interest holder(s) to edit the current interest holder details or to deal with protected (hidden) titles or instruments displayed.
For example, use when an instrument in a prior dealing is updating who the interest holders will be.
Revert/Update
The names of the interest holders will automatically display.
You can use the Revert/Update button above the Interest holder(s) section to reset the names, so they reflect the Register and any prior instrument in the dealing.
For example, if the interest holder's name has been edited using Change due to pending dealing it will revert to what is recorded on the Register. Or, if a prior instrument has been added to your dealing which changes the interest holder, using Revert/Update will pull through the updated names.
Step 6: Add the applicant details
Depending on the transmission type the applicant may pre-populate:
- For Survivorship with the surviving interest holder.
- For Official Assignee with the Official Assignee.
To manually enter the applicant
Enter the details into the Name field. Or, if available, select an applicant from the drop-down list.
Select the + Add row to add another Applicant. If using Manually enter Instrument number, separate applicants by using commas.
Select Add Group to create a group of applicants. This feature is only available for Simultaneous Death or Joint Family Homes situations.
Select the trash can to remove an Applicant.
Add Capacity of the Applicant
Select the Capacity of the Applicant. Capacity is required for transmission types:
- Executor/Administrator
- Joint Family Home Act 1964 (simultaneous deaths only)
- Simultaneous Death Act 1958.
Select the deceased
If prompted, select which deceased person each applicant is representing as their executor or administrator. Selection is required for transmission types:
- Simultaneous Death Act 1958
- Joint Family Home Act 1964 (simultaneous deaths only).
Step 7: Enter further details to clarify the intent of the transmission, if needed
Skip this step and go to step 9 if you don’t need to clarify the intent of the transmission.
Use the Additional Clauses, Conditions, or Intent field to include additional details to support the transmission.
The Additional Clauses, Conditions or Intent field is a free text field and will cause the instrument to step down to Lodge once used.
Step 8: Attach a PDF to support the transmission for a manually entered instrument, if needed
Skip this step and go to Step 9 if you’re not uploading supporting documents.
Use the Attach image field to add PDFs to support the transmission if needed.
You can drag and drop a PDF into the Attach image field. Or you can select Browse and upload a PDF from your files.
There is no limit on the number of PDFs you can attach, but all attachments together must not exceed 20MB.
You can view the attached PDF, by clicking on it. Or select Preview instrument to view the compiled instrument and attachments.
Attaching an image will cause the instrument to step down to Lodge.
Step 9: Check the Summary to review the instrument details
The Summary tab will automatically update and display the affected record of title, the affected owner (the deceased) and the applicants.
To check your transmission select Save to see the Resulting Encumbrances on the Summary.
Check the summary details are correct.
For a full instrument preview select Preview instrument.
Step 10: Save the instrument details
To save instrument details select Save to save information and remain on the Prepare transmission page. The Resulting Encumbrancees only updates on save.
Select Save and back to save the information and return to the Instrument & Roles page.