Legal Project Management Plan & Checklist
Purpose of this Guide: This fork activates immediately upon confirming that the co-owners hold the property as joint tenants. The critical risk is the right of survivorship: if the applicant dies before the Section 66G orders are made, their entire interest in the property is extinguished automatically and passes to the surviving respondent. To eliminate this risk, the practitioner must immediately execute a unilateral severance of the joint tenancy under Section 97 of the Real Property Act 1900 (NSW), which converts the co-ownership from a joint tenancy (with survivorship risk) to a tenancy in common (with equal fixed shares). This guide covers drafting the Unilateral Transfer Severing Joint Tenancy, formal notice to the other joint tenant, lodgement with NSW Land Registry Services, and updating all pending court pleadings to reflect the newly registered tenancy in common. This fork runs in parallel with Stage 2 of the parent plan and must be completed prior to the First Return Date.
Jurisdiction: NSW, PEXA electronic lodgement with NSW Land Registry Services under the Real Property Act 1900 (NSW). Notice to the other joint tenant is a mandatory procedural step.
The Process at a Glance: The joint tenancy is immediately identified as a survivorship risk. A Unilateral Transfer Severing Joint Tenancy is drafted, executed by the applicant, and served on the other joint tenant. The Transfer is lodged in a PEXA workspace and registered with NSW LRS, converting the holding to equal tenancies in common. All court pleadings (Summons and Affidavit) are updated to reflect the registered change in title. Verify current guidelines on the official NSW Legislation.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Property: Forced Sale - Section 66G (Applicant) - Unilateral Severance of Joint Tenancy (s 97 RPA) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for REAL_ESTATE cases, outlining the standard TRANSACTIONAL process. Utilize these tracking templates to manage your legal cases efficiently.
Client briefed and authorised. Other joint tenant formally notified. Ready to execute the severance transfer.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
The survivorship risk is eliminated. The applicant's interest is now a fixed share as tenant in common and cannot be extinguished by the right of survivorship.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
All court documents accurately reflect the current title position as tenants in common.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.