News

Land Titles Office – Circular No. 1/2021

LODGEMENT OF DEALINGS WITH ANNEXURE PAGES

Page Numbering

There have been changes made to the way TOLD formats some dealings, specifically annexure pages in order to achieve consistency with the way in which such dealings are manually prepared.

Specifically, it was the case that when a small number of forms were prepared in TOLD, additional data that did not fit within the relevant field on a form “rolled” to a 2nd page, not an annexure page. Now it is the case that all forms prepared on TOLD will place additional data that does not fit within the relevant field onto an annexure page. This change aligns forms prepared in TOLD with how forms are formatted in a “paper” environment.
It is to be noted that when lodging through the Land Titles Office all pages following the initial form must be numbered sequentially from that first form page.

For dealings which are not prepared on TOLD the annexure page has been modified and the updated version is now available under supporting documents in TOLD.
Please refer to the attached examples for further clarification.

Signatures on Annexure Pages

If an annexure page is required for the purposes of an execution clause only, it is only those parties to the execution clause that are required to sign. Otherwise all parties to the dealing are required to sign every annexure page. Note that initials are not sufficient and a signature in full is required.

Dates on Dealings

The LTO takes this opportunity to remind all that dealings are to be dated prior to lodgment. It is unfortunate that a great number of requisitions and associated costs arise due to a failure to date documents.

Printed Forms
Note that forms printed must include all footer information. This is not TOLD related but a result of personal printer settings. The LTO has been receiving an increased number of dealings that are not printed properly and whilst not affecting the intent it is a departure from the full form and will be requisitioned.

If you require additional information or clarification please email titles.enquiries@dpipwe.tas.gov.au

ROBERT MANNING
Recorder of Titles

Office Circular No. 1/2021
Office Circular No. 1/2021 – Examples

High Court of Australia Practice Direction No 1 of 2021 – Opening of the Registry

The Justices of the High Court have issued a Practice Direction relating to the opening hours of the Registry. A copy of the Practice Direction, which takes effect on 8 February 2021, is enclosed. 

Please note that the Registry counters remain closed, with no face to face services provided at the counter.  While the counters are closed, the Registrars and Registry staff continue to provide services and support to practitioners and litigants via phone, email and through the Court’s Digital Lodgement System.

University of Tasmania Faculty of Law Learning and Teaching Committee

The function of the Faculty of Law Learning and Teaching Committee is to oversee the Faculty’s learning and teaching strategy to ensure the maintenance of excellence in its learning and teaching. The Committee provides advice to the Coordinator of Learning and Teaching on the following within the Faculty:

• proposals for new courses and amendments to existing courses;

• entry requirements;

• academic assessment; and

• teaching and learning issues.

This Committee is specifically responsible for:

• new course proposals and significant amendments to courses;

• maintaining a cycle of course reviews;

• evaluating entries in University Handbooks;

• monitoring arrangements for liaison with students on matters relating to teaching and learning;

• encouraging the appraisal of units (and the incorporation of student feedback) under the University SETL system.

• the promotion of teaching and learning activities including internal collaborative activities;

• the promotion and provision of advice on innovative teaching, alternative delivery methods, self-directed learning and the use of technology in teaching and learning; and

• auditing / implementing the outcomes of reviews of courses.

The Society seeks expressions of interest from practitioners interested in being appointed to the Committee. An interest in, and knowledge of tertiary legal education would be an advantage. Practitioners of all levels of experience are encouraged to apply.

Expressions close Tuesday, 12 February 2021 and can be sent to info@lst.org.au

Family Court of Australia and Federal Circuit Court of Australia – Expansion of the COVID-19 List

As foreshadowed below, I have issued Joint Practice Direction 1 of 2021 expanding the COVID-19 List currently operating in each court.

The expansion of the COVID-19 List is a result of its success throughout 2020 in handling the increase in urgent applications filed as a result of the pandemic. As the impacts and consequential effects of the pandemic continue to change, the list has been expanded to proactively address these changes, provide greater opportunities for litigants to seek urgent assistance from the Courts via the fast-track nature of the list.

The practice direction is on each court’s website at the following links:

The Hon. Justice William Alstergren
Chief Justice
Family Court of Australia
Chief Judge
Federal Circuit Court of Australia

The Lighthouse Project – Family Court of Australia and Federal Court of Australia

Guiding those experiencing family violence and other safety risks through the family law system

The Family Court of Australia and the Federal Circuit Court of Australia are committed to the protection of vulnerable parties and children in family law proceedings. The Lighthouse Project will play a central role in the Courts’ response to cases which may involve family violence, by shaping the allocation of resources and urgency given to such cases. The Project will improve the safety of litigants who may have experienced family violence and children who may have experienced associated risks such as child abuse.

The Lighthouse Project Pilot commenced in Adelaide on 7 December 2020, and in Brisbane and Parramatta on 11 January 2021.

The Pilot introduces risk screening, triage and case management, and the Evatt List to the Federal Circuit Court (FCC). Any parenting only matter filed in the three pilot registries from the commencement date is eligible for inclusion.

The FCC released Practice Direction No. 3 of 2020 – Lighthouse Project and Evatt List which sets out the procedure for Lighthouse Project related family law proceedings in the Court.

Further information can be found on the FCC website at: http://www.federalcircuitcourt.gov.au/lighthouse.

Reform to Australia’s foreign investment review framework and Foreign Acquisitions and Takeovers Act 1975.

The Federal Government passed legislation to reform the Foreign Acquisitions and Takeovers Act 1975  which commenced on 1 January 2021.

Foreign investors will:

  • need approval for all investments in sensitive national security land or businesses (including starting such a business), regardless of value.
  • be subject to enhanced monitoring and investigation powers, as well as stronger and more flexible enforcement options and penalties.
  • bear the costs of the new regime, under a reformed fee framework.

The COVID temporary $0 monetary screening thresholds for FIRB applications have been lifted, resulting for the most part in the standard monetary thresholds being reinstated. Mandatory screening of investments in sensitive national security businesses remains at the $0 monetary threshold.

Further details:

Treasury has published updated public guidance materials on the Foreign Investment Review Board website.

Availability of Guidance Material, and information regarding fees

Legal Aid Award

Tasmania Legal Aid is pleased to announce the inaugural Legal Aid Award recognising the contribution by a private practitioner or firm in delivering legal aid.

The Award recognises the important role private practitioners play in delivering services to vulnerable and marginalised Tasmanians.  It is calling for nominations of practitioners who have made a significant contribution to the delivery of legal aid services to clients.

Please download nominations from the website and forward to Vincenzo.caltabiano@legalaid.tas.gov.au.

Nominations close 15 January 2020.

Land Titles Office

The renovations of the Lands Building at 134 Macquarie Street are being finalised and the Land Titles Office is in the process of moving back to Level 1.

From Friday, 11 December 2020 please deliver documents via new drop boxes on Level 1.  To access Level 1 you will need to present to the security desk and obtain  a pass to use in the new public elevator.  Please ensure you leave the pass at the LTO counter after delivering your documents.

Enquiries are unavailable at the new counter at this time.  The LTO anticipate that the counter will re-open over the coming week following the finalisation of equipment installation.  An update on the re-opening for enquiries will be provided in due course.

If you have any questions please email titles.enquiries@dpipwe.tas.gov.au.