Priority notice (Form PNN)

Part 7A of the Land Title Act 1994 (Qld) lets a person who is, or will be, a party to an instrument that is to be lodged and will affect a lot deposit a priority notice (s 139). The notice must be in the appropriate form, state the person's name, be signed by or for them, describe the lot and each related instrument, and state the order in which they will be lodged. While current it prevents registration of other instruments affecting the lot, with exceptions such as instruments the applicant consents to, instruments lodged before the notice, caveats and the related instruments lodged in order (s 140). It lapses after 60 days, or 90 days if extended once by 30 days, or earlier when all the related instruments are registered in order (ss 141, 142). Although our records list it under the Queensland Revenue Office, this is a Titles Queensland form (version 1, Word template).

When you need it

• A buyer and their financier want to protect the transfer and mortgage against other dealings being registered between contract and settlement.
• You are about to lodge a release of mortgage, transfer and mortgage, or a lease, and want a notice on title alerting searchers that they are coming.
• The land is freehold land or a water allocation (LTPM Part 23).

1. 1

   Lodger details and jurisdiction

   Enter a lodger code, or the lodger's name, postal address, phone and email. The jurisdiction always reads QUEENSLAND.

2. 2

   Title reference and lot on plan

   Enter each 8-digit title reference and every lot on plan description for it, in the form 'Lot [no.] on [plan]' with the correct prefix such as SP, RP, BUP or GTP. Do not show the area.

3. 3

   Applicant

   Insert the applicant's full legal name; for a company, its name as shown on an ASIC search, with its ACN or ARBN in the separate field.

4. 4

   Transaction instruments

   List each instrument in the order it will be lodged: document type (for example Release of Mortgage, Transfer, Mortgage), the 9-digit dealing number where it relates to a registered dealing, each party receiving the benefit and any capacity (such as AS TRUSTEE), and the title references affected, with part land details if only some lots or part of a lot are affected.

5. 5

   Applicant execution

   The applicant or a legal practitioner for the applicant signs, giving the signer's name, organisation and role and the execution date. An attorney adds 'under power of attorney' with the registered dealing number.

• Priority notices are required instruments under the eConveyancing mandate and must be lodged through an Electronic Lodgment Network unless an exemption applies (LTPM [23-7105]).
• Where an exemption applies, a paper form can be posted to Titles Queensland, GPO Box 1401, Brisbane Qld 4001 with payment and a completed Exemption Request Form; print single sided and do not use the back of the form.
• A lodgement fee applies; check the current Titles Queensland fee calculator.
• The notice lasts 60 days from deposit; one Extension of Priority Notice (Form PNE) deposited while it is current extends it to 90 days (s 141).

• List every instrument you intend to rely on, in the exact order you will lodge them. Instruments lodged out of order are not protected.
• A competing instrument lodged during the notice can be requisitioned and withdrawn by the Registrar once your transaction instruments are lodged (LTPM [23-2030]; s 147).
• Save the Word template as a .doc with document protection on so the fields keep their formatting, as the Titles completion guide recommends.