Victorian Current Acts

TRANSFER OF LAND ACT 1958 - SECT 116

S. 116(1) amended by No. 18/1989 s. 12(Sch. 1 item 180), substituted by No. 80/2009 s. 65.

    (1)     An applicant may require the Registrar to provide in writing the grounds for the Registrar's refusal of an application for the Registrar to do any of the following—

        (a)     bring land under the operation of this Act;

        (b)     register or record any instrument in the Register;

        (c)     create a folio of the Register;

        (d)     issue a foreclosure order;

        (e)     do or perform an act or duty which under this Act is an act or duty required to be done or performed by the Registrar.

S. 116(1A) inserted by No. 80/2009 s. 65.

    (1A)     An applicant who has received written grounds from the Registrar under subsection (1) may summon the Registrar to appear before the Supreme Court or the County Court to substantiate and uphold the grounds of the Registrar's refusal.

    (2)     Any such summons shall be served upon the Registrar six clear days at least before the day appointed for hearing the matter.

S. 116(3) amended by No. 80/2009 s. 65(2).

    (3)     Upon the hearing the Registrar or his counsel shall have the right of reply; and the Supreme Court or the County Court may, if any question of fact is involved, direct an issue to be tried to decide such fact; and thereafter the Supreme Court or the County Court shall make such order in the matter as the circumstances of the case require, and the Registrar shall obey such order.

S. 116(4) amended by Nos 9861 s. 3(1), 31/1994 s. 3(Sch. 1 item 59.2), 80/2009 s. 65(3).

    (4)     The Supreme Court or the County Court may make such order as to the costs and expenses of and attendant upon such summons or proceeding as it deems just; and all costs and expenses to be paid by the Registrar under such order shall be paid from the moneys available for the purpose.

S. 116A inserted by No. 9324 s. 15.