When a report creating a new registration must be made on the basis of a final judgment, what must the report state, and which papers must be attached to it?
General information · Not legal advice
Material to check
The practice file to read here is the report of registry creation itself, to see whether it states the matters the Act requires of every report plus the date of finality, the copy of the judgment, and the certificate of finality that the report must carry, together with any filing receipt showing when the registry received it.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the provision step by step: where a report of registry creation is to be made by virtue of a final judgment, it must be made within the period the provision sets, counted from the date on which the judgment became final; the report must state, besides the matters the Act requires of a report generally, the date of finality; and a copy of the judgment and a certificate of finality must be attached to that report.
Another reading stresses what the provision does not settle: it tells us that the date of finality must be entered and that a certificate of finality must accompany the report, but it does not say what shows that date, or what becomes of a report filed without the certificate or without the copy of the judgment.
Your judgment
If the file holds a judgment and a later certificate of finality bearing different dates, which date should the report record as the date the judgment became final?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change which papers must be attached or the period for reporting, or if a court or registry decision decides which document proves the date of finality for this report.