Administration and Probate Act 1929

If, on any such inquiry, the Supreme Court is satisfied that a partition of the real estate, or any part of it, will be advantageous to the parties interested, the court may appoint 1 or more arbitrators to effect the partition.

The report and final award of the arbitrators setting out particulars of the land allotted to each party interested is, when signed by them and confirmed by the order of the Supreme Court, and registered in the office of the registrar-general, effective without the necessity of any further conveyance to vest in each party the land allotted to the party, and an office copy of the award so signed, confirmed, and registered, is for all purposes equivalent to an indenture of conveyance to each party of the land allotted to the party.

For land subject to the provisions of the Real Property Act 1900 (NSW) or the Land Titles Act 1925, each party is entitled to the issue of a certificate of title for the land allotted to the party.

If the allotment is made subject to the charge of any money payable to any other party interested for equalising the partition, the charge taken effect according to the terms and conditions in regard to time and method and otherwise that are expressed in the award without the necessity of any further instrument being made or executed.

For land subject to the provisions of the Real Property Act 1900 (NSW) or the Land Titles Act 1925, the land must be registered, subject to the charge, unless the charge is satisfied.