Cessation of Lien (W3)

Under the Worker's Liens Act 1893 (SA), a worker or contractor can register a lien over the owner's or occupier's land for unpaid wages or contract price. A lien ceases unless an action to enforce it is brought within fourteen days of its registration (s 15). The Registrar-General, on payment of the prescribed fee and proof that no action was brought within that time, that the action failed or was discontinued, that the claim has been satisfied, or that the owner has deposited the amount claimed with the Registrar-General, must note on the Register Book that the lien has ceased, and the land is then discharged from it (s 16). Form W3 is the approved form for that application, prefix LC.

When you need it

• The person who registered the lien did not start court proceedings to enforce it within fourteen days of registration.
• You want to deposit the amount claimed with the Registrar-General to clear the title while the claim is decided.
• The claim has been paid or otherwise satisfied, or the enforcement action failed or was discontinued.

1. 1

   Lien being ceased and land

   State the lien's LTO number. Say whether the lien is to cease from the whole of the land ('Whole of the land in CT Volume ... Folio ...') or part of it, identifying the part by plan.

2. 2

   Applicant

   Give the applicant's full name and address. The guidance notes say the applicant may be the lienee (the owner whose land is affected) or the lienee's solicitor or registered conveyancer.

3. 3

   Grounds

   Complete the ground that applies and strike through the others: (a) a deposit of a stated sum, in words and figures, to abide the event of an action; (b) the lienor failed to bring an action in the named court within fourteen days, shown by an attached certificate of the court's registrar; or (c) other grounds.

4. 4

   Date and certification

   Date the form and complete the certification. A self-represented applicant makes only the certifications about retaining evidence and the document being correct and compliant.

• Lodge the W3 with Land Services SA at Level 9, 101 Grenfell Street, Adelaide. A cessation of lien is not on the mandatory electronic lodgement list. Members of the public use the Face to Face service, where fees can be paid by cheque, cash or card; industry professionals can use Drop and Go.
• Attach the supporting evidence, such as the court registrar's certificate for ground (b), and list it in the supporting documentation panel.
• A prescribed fee applies (s 16). Check Land Services SA's current fees page.

• If the owner deposits the amount claimed, an action to recover it must be brought within fourteen days of the lien's registration; otherwise the Registrar-General repays the deposit (s 22).
• If the Registrar-General refuses to note that the lien has ceased, the owner can apply to a Supreme or District Court judge or a magistrate, giving the lienor at least two clear days' notice by registered letter (s 17).
• A registered notice of lien is treated as a caveat for the purposes of section 191 of the Real Property Act 1886 (s 12).