Require​​​​​ments for the lodging of property as security for bail if entered at the Supreme Court (Real Property Act land only)

​The following documents are to be lodged with the Court registry:

1. If the su​rety ow​​​​ns the property with no encumbrances

1. The Certificate of Title i.e. the Deeds.

2. 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.

3. An up-to-date title search (i.e. a search performed in the last 24 hours) on the property by an approved information broker.

4. 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 encu​mbered by a mortgage

1. ​The Certificate of Title i.e. the Deeds.

2. 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.

3. An up-to-date title search on the property (through NSW Land Registry Services) i.e. a search done on the same day.

4. 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.

5. 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 pro​​perty ​​is already encumbered by a caveat​​​

1. ​​The Certificate of Title i.e. the Deeds.
   

2. 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.

3. An up-to-date title search (i.e. a search performed in the last 24 hours) on the property by an approved information broker.

4. 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.

5. 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.​

6. 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) (PDF, 218.1 KB) (PDF, 218.1 KB) in registerable form to the Prothonotary.​

7. 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.​​​​