Family Home and Family Law Acts 2009 – Legal Office Notice No. 3 of 2009

The attention of settling staff is drawn to the Practice Direction – Family Home and Family Law Acts 2009 which replaces the 1998 P.D. The new direction fundamentally alters the Authority’s approach to the checking of transfers and mortgages and flows logically from the amendments to the Family Home Protection Act 1976 Act introduced by the 1995 Family Law Act. The 1976 Act originally provided that a conveyance of the family home by one spouse without the prior consent of the other spouse, was void. As a result of the 1995 Act, such a conveyance is voidable only.

The P.D. sets out the correct practice and directs that the contents of Family Home Consents and Declarations are not to be requested and, if lodged, these will be returned to the lodging party and will not be filed with the instrument.

The following matters, however, need to be checked before registration:

1. That there is no entry on the folio as to a statement of invalidity under Section 3 (8) of the 1976 Act, as inserted by section 54 of the 1995 FLA

2. That there is no entry of lis pendens on the folio under Section 3 (8) of the 1976 Act, as inserted by section 54 of the 1995 FLA

Frank Treacy
Deputy Registrar
23rd March 2009

Michael Clarke
Deputy Registrar
Updated 23rd July 2020