Withdrawal of Lien (W2)

A lien under the Worker's Liens Act 1893 (SA) is registered by lodging a notice of lien (s 10). A notice over Real Property Act land is treated as a caveat for the purposes of section 191 of the Real Property Act 1886, and the caveat provisions apply to it so far as they are consistent with the Worker's Liens Act (s 12). Those provisions let a caveator withdraw by written notice to the Registrar-General at any time (RPA s 191(1)(h)). Form W2 is the approved instrument for the lienor to withdraw the lien: prefix WL for a full withdrawal and PLN for a partial withdrawal. It differs from a cessation of lien, where the Registrar-General records under section 16 of the Worker's Liens Act that the lien has ceased, for example because no enforcement action was brought within 14 days.

When you need it

• The lienor has been paid, or the dispute has settled, and the lien should come off the title.
• The lienor agrees to release the lien from part of the land while keeping it over the rest (partial withdrawal).
• Not where the lienor will not cooperate: the owner may instead seek a cessation of lien or a court order.

1. 1

   Lien being withdrawn

   State the Lands Titles Office number of the lien.

2. 2

   Land description

   Describe the land the lien is withdrawn from: the whole of the certificate of title or Crown lease, or a portion identified by plan, for example 'Allotment 4 in DP ... being portion of the land in CT Volume ... Folio ...'.

3. 3

   Lienor

   Give the lienor's full name and current address. If the name has changed, recite '[new name] of [address] registered as [old name] as a consequence of [reason]'.

4. 4

   Operative clause

   Strike through the second clause for a full withdrawal, or the first clause if the lien is withdrawn only from the land described.

5. 5

   Date and certification

   Date the form and complete the certification on behalf of the lienor. Self-represented lienors make only the certifications about retaining evidence and correctness. An attorney or a body corporate cannot certify.

• Withdrawals of lien (WL) and partial withdrawals (PLN) executed on or after 8 April 2024 must be lodged electronically through an Electronic Lodgement Network Operator unless an exemption applies, such as withdrawal over part of a title or multiple lienors represented by separate subscribers.
• Self-represented lienors can lodge on paper with Land Services SA. The self-represented withdrawal of lien checklist covers verification of identity, an authorised person certification (for example by a justice of the peace) and the current fee.
• A registration fee applies. Check the checklist or Land Services SA's fee schedule.

• Get the lien number from a current title search; it is not the same as your invoice or contract number.
• Verification of Identity and Verification of Authority requirements must always be complied with for represented parties.
• An owner who has paid the amount claimed into court, or deposited it, should look at the cessation process under section 16 of the Worker's Liens Act instead of waiting for a withdrawal.