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Part 2Land title and registration
Land title register: Instruments

36When paper instruments lodged

  1. An instrument that is lodged by being posted to a designated land registry office is treated as having been lodged—

  2. on the working day after the date on which it is received; and
    1. before any other instrument relating to the same estate or interest that is lodged on that day.

      1. A caveat document lodged by being posted to a designated land registry office is treated as having been lodged after any instrument lodged in the same manner on the same day.

      2. Subsections (4) and (5) apply to 2 or more paper instruments lodged for registration that relate to the same estate or interest in land.

      3. If lodged together, the instruments must be registered—

      4. in the order specified in writing by the person who lodged them; or
        1. if the order is not specified, in the order—
          1. agreed in writing by the parties to the instruments; or
            1. determined by the court.

            2. If lodged at the same time, but not together, the instruments must be registered in the order—

            3. agreed in writing by the parties to the instruments; or
              1. determined by the court.

                1. If the court makes a determination under this section, the Registrar of the court must serve a copy of the determination on the Registrar.

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