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SUPPORTING THE PROFESSIONALS SHAPING QUEENSLAND COMMUNITIES


Register a Charge for Unpaid Rates

  • 30 Jan 2024 08:00
    Message # 13307551

    Hi there,

    We are preparing the paperwork (Form 14 and Certificate) to Register a Charge for unpaid rates on a number of property owners.

    Has anyone done this recently?

    Wondering if we need 'wet' signatures on the Form 14 and Certificate?  or if the Titles Office will accept electronic signatures.

    We are intending to use the e-lodgement process, but have not done this process before.

    Any assistance would be appreciated please.

    Nicky

    Supervisor, Corporate Services

    Weipa Town Authority

  • 31 Jan 2024 08:43
    Reply # 13308116 on 13307551

    Hi Nicky,

    Here at Gladstone Regional Council, we follow the Sale of Land process as per the Queensland Local Government Regulation 2012.  Can I ask in what circumstance would you register a charge on the Title of the property?

  • 1 Feb 2024 08:37
    Reply # 13308715 on 13307551

    Thanks very much for the reply.

    This is a new process for us, and our rates recovery policy has a process step where we can register a charge against the title when all attempts have been made to recoup the unpaid rates.  These are our very long term bad rates debtors.

    This step would be before we use the sale of property provisions.  Although we have not done that before either.

  • 2 Feb 2024 07:05
    Reply # 13309263 on 13307551

    Hi Nicky, here at Ipswich City Council, we also follow the Sale of Land process - this is after serving a statement of claim, going to Judgment and the rates remain unpaid after 3 years. I understand that a charge can be applied, however not all steps are required. For example, I understand that Toowoomba RC don't serve a statement of claim. They follow the Sale of Land when rates remain unpaid after 3 years and all attempts of payment arrangements have been exhausted. 

    Last modified: 2 Feb 2024 07:06 | Lindsay Ruggieri
  • 5 Feb 2024 07:35
    Reply # 13310449 on 13307551

    Hi

    A charge on the land can be registered on the land title.  I have seen this with infrastructure charges, however not with overdue rates.

    I would suggest further investigation on this, i.e. legal opinion with King and Co.

    Regards

    Christina

  • 6 Feb 2024 07:10
    Reply # 13310986 on 13307551

    Thanks everyone for the comments.   I didn't realise there were such differences in Council processes.  We are working with our legal advisors on this.  Very helpful, thanks again.

     

  • 16 Feb 2024 09:22
    Reply # 13316331 on 13307551

    Hi Nicky, 

    We have registered a charge on a title only once for one of our bad debtors, but it was done through our collection agency CHL and their Solicitors.  So not sure of the process to do it in house. 

    This was after Claim & Statement of Claim and Judgment action, as part of the enforcement process I believe. 

    Cheers

    Donna 

    Douglas Shire Council 

  • 17 Feb 2024 14:11
    Reply # 13316887 on 13307551

    Thanks Donna.

                  

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