When does a preservation order over registered rights require the court registrar to request registration, and what must accompany the request form?
General information · Not legal advice
Material to check
In this practice file we check the preservation order itself, the registered right it concerns — one of the cases needs only a preservation order concerning a registered right, and the other adds that the right belongs to the debtor's property and is subject to disposition — and the registrar's request form showing a certified or abridged copy of the decision attached.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats each case the provision lists as a complete trigger on its own: where a preservation order concerns a registered right — in one case that right both belongs to the debtor's property and is subject to disposition, in the other a registered right with such a preservation order is enough — the court registrar must act on their own initiative and without delay, attaching a certified or abridged copy of the decision to the request form.
Another reading focuses on the second sentence, which adds that when such a preservation order is changed, cancelled or loses effect, the same duty to request registration applies again, so the file must show what later happened to the order, not only that it was first made.
Your judgment
How could the file show which case the preservation order falls under — and, where that case requires it, that the registered right concerned both belongs to the debtor's property and is subject to disposition — so this trigger is met?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to change which conditions on the registered right the preservation-order trigger requires, or if a court decision explains when a registered right counts as belonging to the debtor's property and as subject to disposition.