The Gazette 1981

relation to any transaction since the date of the Act. These doubts have now been resolved as a result of a decision of the High Court. In the case of Guckian and Another v Brennan and Another, Mr. Justice Gannon held that in purchasing registered land every prudent Solicitor for a Purchaser should make enquiries as to the position regarding the Family Home Protection Act in so far as. the Vendor was concerned, both in relation to the Contract for Sale and the Deed of Transfer. He said in his judgment that Solicitors need not and should not go behind the Folio because to do otherwise would defeat the purpose of the Registration of Title Act. The duty was on the Registrar of Titles to register only valid Transfers. Unregistered Property (3) The only thing to remember again, is to retain all Statutory Declarations of Verification in respect of all transactions since the Family Home Protection Act carefully with the Title Deeds. 1. (Family Home — Vendors married) We A.B. and C.D. of both aged twenty-one years and upwards DO SOLEMNLY AND SINCERELY DECLARE AND SAY as follows:— (1) By an Agreement for Sale dated the day of we agreed to sell the premises known as to X.Y. and Z.Q. (2) The said premises are our family home being the dwellinghouse in which we ordinarily reside. (3) We were married to each other on the day of and we refer to a copy Certificate of said Marriage upon which marked with the letter "A" we have signed our names prior to the completion hereof. We are now the lawful spouses of each other and neither of us has been married to any other person. (4) We make this Solemn Declaration for the satisfaction of X.Y. and Z.Q. conscientiously believing the same to be true for the purposes of the Family Home Protection Act 1976 and by virtue of the Statutory Declarations Act 1938.

to X.Y. and A.B. and endorsed her consent to the sale on the Agreement. (2) The said premises are our family home being the dwellinghouse in which we ordinarily reside. (3) We were married on the day of 19 and we refer to a copy Certificate of said Marriage marked with the letter "A" upon which we have signed our names prior to the completion hereof. We are now the lawful spouses of each other and neither of us has been married to any other person. (4) We make this Solemn Declaration for the satisfaction of the said X.Y. conscientiously believing the same to be true for the purposes of the Family Home Protection Act 1976 and by virtue of the Statutory Declarations Act 1938.

DECLARED before me by the said A.B. and C.D. who are personally known to me (or who are identified to me by who is per- sonally known to me) at in the City of this day of 19 and I know the Declarants. COMMISSIONER OATHS FOR

3. (Not Married) I A.B. of

aged twenty-one years and upwards DO SOLEMNLY AND SINCERELY DECLARE AND SAY as follows: (1) By an Agreement for Sale dated the day of , I agree to sell the premises known as to X.Y. (2) At the date of the said Agreement and at the date hereof I was and am not married and I have never been married to any person so that the said premises are not and have not been during the period of my ownership thereof a dwelling in which a married couple ordinarily reside. (3) I make this Solemn Declaration for the satisfaction of the said X.Y. conscientiously believing the same to be true for the purposes of the Family Home Protection Act 1976 and by virtue of the Statutory Declarations Act 1938.

DECLARED before me by the said A.B. and C.D. who are personally known to me (or who are identified to me by who is personally known to me) at in the City of this day of

DECLARED before me by the said A.B. who is personally known to me (or who is identified to me by who is personally known to me) at in the City of this day of 19 and 1 know the Deponent. COMMISSIONER FOR OATHS

19

and 1 know

the Declarants. COMMISSIONER OATHS

FOR

2. (Family Home in Single name) We A.B. (wife) and C.D. (husband) both of aged twenty-one years and upwards DO SOLEMNLY AND SINCERELY DECLARE as follows:— (1) By an Agreement for Sale dated the day of 19 C.D. agreed to sell the premises known as