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Supreme Court of New South Wales
What is bail?
Bail is an agreement to attend court to answer a criminal charge. It can be granted at any stage of criminal proceedings. Often, when bail is granted, a number of conditions are applied to the bail undertaking. These can include surrendering a passport or agreeing to report to police on a regular basis. A well known condition is requiring the deposit of a sum of money or security (i.e. property)with the Court and agreeing to forfeit that money or security if bail is breached. After the Court matter has been finalised, bail will be refunded.
Information alert
Need Assistance?
Court staff can help you with any forms you might need to complete but they cannot provide any legal advice. If you require any other assistance relating to a bail refunds, you may contact the Supreme Court Bails registry via email.
Lodging property as bail security
The following documents are to be lodged with the Court registry:
1. If the property has no encumbrances
The Certificate of Title i.e. the Deeds.
Written evidence of the value of the property. A letter from a licensed valuer is acceptable and this should include a reference to the property as described in the Certificate of Title, i.e. Folio Identifier No. etc.
An up-to-date title search (i.e. a search performed in the last 24 hours) on the property by an approved information broker.
An acceptable form of mortgage (2 copies) and a caveat (a blank mortgage and caveat can be obtained from a law stationer) completed as per the sample bail forms provided. Please note that the sample caveat form is suitable for land located within the State of New South Wales. If the land is in another Australian State or Territory, you will need to complete the form of caveat issued by the relevant interstate land registry or titles office. You can find a link to each of the 7 offices on this Commonwealth Government website.
The mortgage will not be registered unless the accused does not comply with the bail conditions. The caveat will be signed by the Prothonotary at the Supreme Court and must be registered with NSW Land Registry Services.
2. If the property is encumbered by a mortgage
The Certificate of Title i.e. the Deeds.
Written evidence of the value of the property. A letter from a licensed valuer is acceptable and this should include a reference to the property as described in the Certificate of Title, i.e. Folio Identifier No. etc.
- An up-to-date title search on the property (through NSW Land Registry Services) i.e. a search done on the same day.
An acceptable form of mortgage (2 copies) and a caveat (a blank mortgage and caveat can be obtained from a law stationer) completed as per the sample bail forms provided. Please note that the sample caveat form is suitable for land located within the State of New South Wales. If the land is in another Australian State or Territory, you will need to complete the form of caveat issued by the relevant interstate land registry or titles office. You can find a link to each of the 7 offices on this Commonwealth Government web site.
A letter from the lender whose mortgage appears on the Certificate of Title i.e. the Deeds, showing:
Whether the lender consents to a further mortgage being entered into with the Prothonotary; and
The amount still owing on the loan.
3. If the property is already encumbered by a caveat
The Certificate of Title i.e. the Deeds.
Written evidence of the value of the property. A letter from a licensed valuer is acceptable and this should include a reference to the property as described in the Certificate of Title, i.e. Folio Identifier No. etc.
An up-to-date title search (i.e. a search performed in the last 24 hours) on the property by an approved information broker.
An acceptable form of mortgage (2 copies) and a caveat (a blank mortgage and caveat can be obtained from a law stationer) completed as per the sample bail forms provided. Please note that the sample caveat form is suitable for land located within the State of New South Wales. If the land is in another Australian State or Territory, you will need to complete the form of caveat issued by the relevant interstate land registry or titles office. You can find a link to each of the 7 offices on this Commonwealth Government web site.
A letter from the lender whose mortgage appears on the Certificate of Title i.e. the Deeds, showing:
Whether the lender consents to a further mortgage being entered into with the Prothonotary; and
The amount still owing on the loan.
An irrevocable authority signed by the borrower(s) and lodged with the bank/building society directing that lender to hand both the Certificate of the Title and a Discharge of Mortgage (PDF, 218.1 KB) in registerable form to the Prothonotary.
A copy of the caveat so that the reason for the caveat and the value of the interest claimed by the caveator can be ascertained.
Warning alert
Should the person who placed the caveat on the title no longer claim to have an interest in the property then a Withdrawal of Caveat should be obtained, signed by that person and lodged at the Court.
Refund procedures
Frequently asked questions
How do you get your security refunded?
1. Money
If your bail agreement includes the deposit of money as a condition, it will be refunded by way of an electronic funds transfer (EFT) to a nominated banking institution. This is irrespective of whether the original Bail deposit was in the form of cash.
At the conclusion of the criminal case or where bail has been revoked, it is possible to seek a refund of the money deposited that was lodged as security by contacting the court registry where the matter was dealt with (even if the money was deposited at the Supreme Court registry). You should speak to that registry about any procedures they have regarding the refunds.
Otherwise, if the refund is being sought from the Supreme Court, an Application for Bail Refund Form should be completed and two forms of ID provided to confirm the identity of the person that the refund is to be made to.
The refund will be returned via electronic funds transfer (EFT).
It is possible to seek to have the money paid to a third party (i.e. a solicitor) and a letter of authority should be included with the application that details the details of the solicitor's trust fund account. Those funds will only be electronically transferred.
2. Property
Sometimes property can be used as a security in bail undertakings where the Court has ordered that appropriate security be deposited. In these cases, a caveat is taken out on the property.
A caveat is a means by which the Court records its interest in the property.
What Next?
1. You will need to complete the Withdrawal of Caveat form.
To have this notification removed when your matter is finalised or where circumstances have changed that allows for the property to be returned, you need to obtain and complete a Withdrawal of Caveat form. This form can be found on the NSW Land Registry Services website.
2. You need to visit the Supreme Court
Attend in person to the Registry of the Supreme Court (Level 5, 184 Phillip Street, Sydney). You will need to bring:
- your completed Withdrawal of Caveat form, and
- two forms of identification which show your signature.
If completed correctly, a deputy registrar will sign the Withdrawal of Caveat form. All documentation lodged by you in relation to the property will also be returned.
3. You will need the caveat removed at the NSW Land Registry Services Office
The completed Withdrawal of Caveat Form is to be lodged at the NSW Land Registry Services (1 Prince Albert Road, Queens Square, Sydney).
We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.