D13.3 S.30 Disputes associated with recording assignments

Date Published

S.30 of the Act provides a mechanism for recording an assignment or devolution by way of agreement or operation of law, prior to the registration of the design.

The issues associated with recording an assignment or other devolution of title under s.30 are the same as for recording assignments or devolution after registration. These are discussed in D12.2 of this manual. While Glass Block Constructions (Aust) Pty Ltd v Armourglass Australia Pty Ltd [2005] ADO 1 (6 January 2005) was dealt with under the equivalent provision of the 1906 Act, this was because there was no equivalent to s.29 in that Act.

Where a dispute over the validity of an assignment arises in the context of a s.30 request, the Registrar will deal with the issue under s.29 of the Act.