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SIG-17 Signing under Court Order

Version 1 - 19/06/2023

Disclaimer of liability

This guide is produced by the Western Australian Land Information Authority (Landgate) to provide the community with a basic understanding of strata titling principles. It is a general information source only, it is not legal advice and should not be taken as legal advice on strata titles. You should refer to the legislation available on the WA government legislation website

To the extent permitted by law, Landgate will in no way be liable to you or anyone else for any loss or damage, however caused (including through negligence), which may be directly or indirectly suffered in connection with use of this document. This general disclaimer is not restricted or modified by any of the following specific disclaimers.

Various factors beyond the control of Landgate can affect the quality or accuracy of the information and products. While every effort has been made to ensure accuracy and completeness, no guarantee is given nor responsibility taken by Landgate for errors or omissions in the guide. Landgate does not accept any liability for any loss or damage incurred as a result of the use of, or reliance upon the information provided in this guide or incorporated into it by reference.

 1 Overview

There is no power to dispense with the requirement for parties to a land transaction to execution/signing a land transaction under the Transfer of Land Act 1893 (‘TLA’). Alternative arrangements to comply with this requirement would need to be obtained. 

In general, the parties to the Court Order i.e. the Registered Proprietor’s must sign the relevant land transaction documents to effect the change of ownership. In the event of Court Orders, if a party is in breach of the Order or will not sign or has not met the required timeframes, new Orders should be sought providing for an alternate person or Registrar of the Court to sign the land transaction documents. 

Where the Court Order does not provide for an alternate person to sign the land transaction documents it will not be accepted.  Landgate will only accept a Court Order that is specific in its instructions. An order must specifically allow for a given person (Registrar of Court or alternate person) to “SIGN a TRANSFER, MORTGAGE, LEASE etc”. 

Simply appointing them to be the Trustee for a Sale, or to sign Listing documents does not specifically allow them to sign a Landgate Transfer. 

Below are sample extract from previous Court Order that has been accepted because it specifically allows for a Transfer to be signed.

Sample One

 Sample Two

 Sample Three

The Supreme Court has a presumption of authenticity on documents sealed by the Court pursuant to Rules of the Supreme Court 1971 (WA) Order 67 rule 6. 

NOTE: If you are unsure if a an Order contains the appropriate wording and or authority for an alternative person/s to sign. Please consult a legal professional. 

 2 Verification of Identity

When a Registrar of a Court executes a transfer of land document on behalf of a Transferor a Verification of Identity (VOI) statement is still required for the Registrar. 

A Settlement Agent / Conveyancer / Lawyer could rely on this to make a modified VOI statement. 

The VOI can be a modified version that states that the Settlement Agent / Conveyancer / Lawyer is “reasonably satisfied that the Registrar that signed the Transfer is an employee of the Court and is authorised to sign the document by virtue of the Court Order” and “state that reasonable steps were taken in regard to the three key elements that should be included in all VOI Statements” 

 3 Examples of Signing/Execution Clauses

A proper execution by a Registrar of the Court is:

Signed by (Name specified in Order) 

on behalf of (Name of person named in

Order) in (Name of Court) Order                         (Signature of Registrar)

(order number) made the (date of order)

the presence of

Witness                                                                      (Signature of witness)

(Full Name, Address and Occupation)


Or where another person has been named and authorised to sign land transactions:

Signed by (Name specified in Order)

on behalf of (Name of person named in

Order) in (Name of Court) Order                         (Signature of authorised person)

(order number) made the (date of order)

the presence of

Witness                                                                      (Signature of witness)

(Full Name, Address and Occupation)


 4 Also See

SIG-01 Signing and witnessing of Documents 

SIG-08 Signing by an Attorney under Power of Attorney/Enduring Power of Attorney