Registration is not essential, unless the proposed actions of the Attorney involve certain types of land +/or share transaction (see below).
It is highly recommended to register your NSW Power of Attorney so that it is:
➲ On record as a public document;
➲ Safe from loss or destruction; and
➲ More easily accepted as evidence that your Attorney is allowed to deal with your legal + financial affairs.
A: A NSW Power of Attorney must be registered for:
✅ Land transactions, except for a lease with a term less than 3 years including any option of renewal;
✅ Land transactions involving Torrens Title land, except for a lease with a term less than 3 years including any option of renewal (s36(2) Real Property Act 1900); and
✅ Share transactions (Australian Stock Exchange practice).
To register a NSW Power of Attorney, you must:
1️⃣ Lodge the NSW Power of Attorney at NSW Land Registry Services, Level 30, 175 Liverpool Street, Sydney 2000; together with a
2️⃣ Completed Deeds Index Particulars Form
An Enduring Power of Attorney made under the legislation of another State or Territory of Australia may be accepted for registration in NSW providing it is accompanied by a certificate from a Legal Practitioner (that is, a Lawyer) from that State or Territory stating:
➲ The Enduring Power of Attorney was made in accordance with the formal requirements of the law of that State or Territory; and
➲ The Lawyer has been admitted, holds a practising certificate and practices in that State or Territory.
If the Power of Attorney is registered in NSW, although you are not legally required to do so, in an abundance of caution, we recommend you take the steps summarised below to register the revocation.
If you wish to register your revocation in NSW, you must:
1️⃣ Lodge the revocation at NSW Land Registry Services, Level 30, 175 Liverpool Street, Sydney 2000; together with a
2️⃣ Completed Deeds Index Particulars Form.
(A) Lodging Party - Must be completed.
(B) Instrument - Power of Attorney / Power of Attorney - Revocation of
(C) Locality - Not required.
Link Conveyance - Not required.
Principal Deed - The affected Power of Attorney if registered.
(D) Indexing - The Principal.
(E) Certification - Required.
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.