Conveyancing Act 1919 (NSW)

Conveyancing Act 1919 (NSW)

12 Assignments of Debts and Choses in Action

  • An absolute assignment of any debt or legal chose in action must be:

    • Executed in writing and signed by the assignor.

    • Accompanied by express written notice given to the debtor, trustee, or relevant party from whom the assignor is entitled to claim.

  • The assignment will be deemed effectual in law, allowing for:

    • Transfer of the legal right from the date of notice.

    • Legal and other remedies associated with the debt or chose in action.

    • Power to give a valid discharge without needing the assignor's agreement.

  • However, if the debtor or relevant party has notice that the assignment is disputed or subject to conflicting claims:

    • They may call on involved parties to interplead regarding the claims.

    • Alternatively, they may pay the amount into court according to relevant Acts for trustee relief.

23C Instruments Required to be in Writing

  • (1) General Rules: No interest in land can be:

    • Created or disposed of unless in writing signed by the creator or their legally authorized agent.

    • Manifested and proven for a declaration of trust involving land through writing signed by a capable party or by will.

  • (c) To dispose of an equitable interest or trust, it must be executed in writing signed by the disposer or their authorized agent.

  • (2) Note that this provision does not affect the establishment of resulting, implied, or constructive trusts.

  • (3) Electronic Compliance: Writing may also be satisfied in electronic form, with electronic signatures recognized as valid.