Land Titles Act 1980

Every dealing lodged for registration shall – except as may otherwise be prescribed, be attested by a witness who is not a party to the dealing; be lodged singly, in duplicate, or otherwise as prescribed; and comply with the prescribed requirements.

A dealing or instrument is taken to be lodged with the Recorder when a record is made in a device for storing or processing information approved under section 33(3)(b) or 143A(3)(b).

Where two or more dealings affecting the same land are lodged for registration at the same time by the same person and are awaiting registration, the Recorder shall register the dealings in the order in which the Recorder is requested in writing to do so by the person lodging the dealings.

Where two or more dealings, lodged by different persons, or lodged by the same person at different times, affect the same land, the Recorder shall, subject to subsection (4), register them in the order which will give effect to the intentions of the parties as expressed in, or apparent to the Recorder from, the dealings.

Where the intentions of the parties referred to in subsection (3) appear to the Recorder to conflict, the order of registration shall be determined in the order in which a record is made in a device for storing or processing information approved under section 33(3)(b) or 143A(3)(b).

When registered, dealings affecting the same estate or interest shall, notwithstanding any express, implied, or constructive notice, be entitled in priority the one over the other according to the order in which they are registered and not according to the date of each dealing itself.

The Recorder, upon registering a dealing, shall deliver any duplicate of the dealing to the person appearing to the Recorder pursuant to section 54 to be entitled to the duplicate.

When registered, a dealing shall have the effect of a deed duly executed by the parties who signed it.