{"id":"redemption-of-annuities-act-1909","name":"Redemption of Annuities Act 1909","slug":"redemption-of-annuities-act-1909","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106488,"registerId":"wa-redemption-of-annuities-act-1909-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Redemption of Annuities Act 1909","content":"![Crest]()Western Australia\n\nRedemption of Annuities Act 1909\n\nWestern Australia\n\nRedemption of Annuities Act 1909\n\nContents\n\n1. Short title 1\n\n2. Interpretation 1\n\n3. Judge may order redemption of annuity on surrender value being ascertained and paid 2\n\nNotes\n\nCompilation table 4\n\nDefined terms\n\n  \n\nWestern Australia\n\nRedemption of Annuities Act 1909\n\nAn Act for the redemption of annuities charged on or issuing out of land.\n\n##### 1. Short title\n\nThis Act may be cited as the *Redemption of Annuities Act 1909* 1.\n\n##### 2. Interpretation\n\nIn this Act the following terms have the meanings set against them respectively: —\n\n  Annuitant means and includes not only the proprietor of an annuity or charge, but also any person, corporation, religious or charitable body or organization entitled (whether as trustee, committee, guardian, or otherwise) to receive and give receipts for any moneys payable from time to time in respect of an annuity.\n\n  Annuity means any sum of money payable periodically and charged on or issuing out of land, for a period exceeding a life or lives in being, and shall include any quit rent, chief rent, and rent charge; but does not mean or include a rent reserved on a sale or lease, or a rent made payable under a grant or licence for building purposes, or any sum or payment issuing out of or charged on land not being perpetual.\n\n  Judge means a Judge of the Supreme Court.\n\n  Land includes land of any tenure, and tenements and hereditaments, corporeal or incorporeal, and houses and other buildings, also an undivided share in land.\n\n  Owner means the owner or proprietor whether in possession, remainder, reversion, or otherwise, either at law or in equity of land, and includes the donee of a power to appoint or dispose of the same, a trustee for sale of the fee simple, and the guardian of any infant or the committee of the estate of any lunatic or person of unsound mind lawfully appointed.\n\n  Registrar means and includes the Registrar of Titles, and the Registrar of Deeds and Transfers, and any assistant or acting Registrar respectively.\n\n[Section 2 amended: No. 60 of 2006 s. 149; No. 47 of 2011 s. 16.]\n\n##### 3. Judge may order redemption of annuity on surrender value being ascertained and paid\n\nThe owner of any land may require an annuitant to surrender any annuity issuing out of or charged on the land, and to discharge the land therefrom, on the following conditions: —\n\n(1) The owner shall take out an originating summons returnable before a Judge in Chambers for an order directing that the cash surrender value of such annuity be ascertained, and that on payment of such value the annuity be redeemed and the land discharged therefrom. Such summons shall be served in such manner and time and on such persons as a Judge may direct.\n\n(2) On the hearing of such summons a Judge may dismiss the same, or fix the valuation, or direct the same to be ascertained by the Master of the Court or an actuary, accountant, or other qualified person, and may make such other order as to the Judge seems meet. The value so fixed or ascertained shall be paid to such person or persons, or into Court to abide further order, as the Judge may direct. Every such order shall contain full particulars of the land affected.\n\n(3) On payment of the valuation so fixed or ascertained within the time and in manner directed in the order, or any extension thereof, the annuity shall be redeemed, and upon production to the Registrar of an office copy of such order, together with a receipt from the person or persons to whom the valuation is payable, the Registrar shall make an entry in the Register within the meaning of the *Transfer of Land Act 1893* stating the time at which it was made, and that such annuity is discharged, and the land shall thereupon be freed and discharged from the annuity.\n\n(4) By consent of the annuitant the Judge may direct the redemption of part only of the annuity or the discharge (with or without redemption in whole or in part) of any of the land subject to the annuity.\n\n(5) To ensure the due performance of the trusts under which the annuity was created the Judge in any such order shall give directions for securing the investment of the amount of such valuation and the application of the income thereof.\n\n(6) A Judge in Chambers may from time to time vary alter or amend any order heretofore or hereafter made under this Act.\n\n[Section 3 amended: No. 48 of 1944 s. 2; No. 81 of 1996 s. 153(1).]\n\nNotes\n\n1 This is a compilation of the *Redemption of Annuities Act 1909* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Redemption of Annuities Act 1909* | 34 of 1909 | 4 Dec 1909 | 4 Dec 1909 |\n| *Redemption of Annuities Act Amendment Act 1944* | 48 of 1944 | 24 Jan 1945 | 24 Jan 1945 |\n| *Transfer of Land Amendment Act 1996* s. 153(1) | 81 of 1996 | 14 Nov 1996 | 14 Nov 1996 (see s. 2(1)) |\n| **Reprint 1: The *Redemption of Annuities Act 1909* as at 4 Mar 2005** (includes amendments listed above) | | | |\n| *Land Information Authority Act 2006* s. 149 | 60 of 2006 | 16 Nov 2006 | 1 Jan 2007 (see s. 2(1) and *Gazette* 8 Dec 2006 p. 5369) |\n| *Statutes (Repeals and Minor Amendments) Act 2011* s. 16 | 47 of 2011 | 25 Oct 2011 | 26 Oct 2011 (see s. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nAnnuitant 2\n\nAnnuity 2\n\nJudge 2\n\nLand 2\n\nOwner 2\n\nRegistrar 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act, as compiled, has been amended and aligned with later land‑registration and court practice (see compilation table). The current text ties redemption to court orders, allows expert valuations and partial redemptions or partial discharges by consent, expands the definition of 'Registrar', and requires judicial directions to secure investment of proceeds (s2; s3(1)–(6)). These amendments adjust procedural and administrative coverage while retaining the core mechanism of court‑ordered redemption of land‑linked annuities."},"complexity_factors":["Judicial discretion over hearing outcomes, valuation approach and ability to vary orders (s3(2), s3(6)).","Technical valuation requirement: cash surrender value may be fixed by Judge or ascertained by Master, actuary, accountant, or other qualified person (s3(2)).","Procedural step of originating summons with service as directed by a Judge, creating litigation and compliance burdens for owners and annuitants (s3(1)).","Trust-protection obligations: Judge must give directions to secure investment of the paid valuation and application of income, affecting trustees and beneficiaries (s3(5)).","Interaction with land registration: redemption requires production of court order and receipt to the Registrar and entry under the Transfer of Land Act framework (s3(3) and defined term 'Registrar' in s2).","Definitions limit scope to perpetual land‑charged payments and broaden who counts as an 'annuitant' or 'owner', affecting who can act and claim (s2)."],"plain_english_summary":"Allows a landowner to ask a Supreme Court Judge to fix and pay a cash surrender value so an annuity charged on land can be redeemed and the land discharged and registered as free. It affects landowners, annuitants (and their trustees), the Registrar and the courts because the process replaces ongoing perpetual land-linked payments with a lump-sum through court valuation, payment, trust‑security directions and registration."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: providing a mechanism for redeeming perpetual annuities charged on land. The amendments since 1909 have been technical updates (changing references to the Registrar, updating court procedures) rather than expansions of scope. The core mechanism established in 1909 — Supreme Court application, valuation, payment, discharge — remains unchanged."},"complexity_factors":["Only 3 operative sections with straightforward procedural steps","6 defined terms in a single interpretation section, all clearly explained","Minimal cross-referencing (only references to Transfer of Land Act 1893 and Supreme Court procedures)","Simple conditional structure: if owner applies → Judge calculates value → payment made → land discharged","Some procedural complexity around court applications and valuation methods, but no nested exceptions or highly technical drafting","Amendments over time have been minor (updating institutional names and references rather than changing substance)"],"plain_english_summary":"**What this law does:**\n\nThis is a Western Australian law from 1909 that lets landowners buy their way out of certain long-term financial obligations attached to their property. These obligations are called \"annuities\" — basically, regular payments that someone has to keep making forever (or for a very long time) because of an old agreement tied to the land.\n\n**Who it affects:**\n\n*   **Landowners** who want to get rid of a perpetual payment charged against their property\n*   **Annuitants** — the people, organisations, or charities who receive these regular payments\n\n**How it works:**\n\nIf you own land with one of these perpetual charges on it, you can go to the Supreme Court and ask a Judge to work out a \"cash surrender value\" — essentially, a lump sum that would fairly compensate the person receiving the payments. Once that amount is calculated and paid, the annuity is cancelled and the land is freed from the obligation.\n\nThe process involves:\n\n*   Filing a court application (called an \"originating summons\")\n*   Having a Judge (or an expert like an actuary) calculate the lump sum value\n*   Paying that amount to the annuitant or into court\n*   Getting the land title updated to show the charge is removed\n\n**Why it matters:**\n\nThis law prevents landowners from being trapped forever by ancient financial arrangements. It strikes a balance: recipients get fair compensation in a lump sum, while owners get clean title to their property. The law also includes safeguards — for example, if the annuity was meant to fund a charity or trust, the court must ensure the lump sum is properly invested to keep serving that original purpose.\n\n**What counts as an annuity under this law:**\n\n*   Quit rents, chief rents, and rent charges (old feudal-style payments)\n*   **Not** regular rent from a lease, or payments from building licences\n*   Must be perpetual or longer than a human lifetime"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — the text of the legislation was not retrievable from the provided source. The URL appears to have been deprecated as part of a system upgrade to the Western Australian Parliamentary Counsel's Office website."},"complexity_factors":["No legislative text was available for analysis — only a website error page was provided","Cannot assess complexity, cross-references, defined terms, or operative provisions without the actual content","Score of 1 reflects absence of analysable material, not necessarily the true complexity of the Act itself"],"plain_english_summary":"## Redemption of Annuities Act 1909 (WA)\n\n**The content of this legislation is not available for analysis.**\n\nThe source provided does not contain the actual text of the *Redemption of Annuities Act 1909* (Western Australia). The page has been removed or relocated on the Western Australian legislation website, and only an error/redirect message was retrieved.\n\n**What we can reasonably infer from the title:**\nThis is a Western Australian law from 1909 dealing with the 'redemption of annuities' — meaning it likely provided a legal mechanism for paying out (redeeming/buying out) ongoing periodic payments (annuities) in a single lump sum, possibly relating to government-issued annuities or land-related financial arrangements common in that era.\n\n**To access the actual legislation**, visit the [Western Australian legislation website](https://www.legislation.wa.gov.au) and search for 'Redemption of Annuities Act 1909'."}},"importantCases":[],"_links":{"self":"/api/acts/redemption-of-annuities-act-1909","history":"/api/acts/redemption-of-annuities-act-1909/history","analysis":"/api/acts/redemption-of-annuities-act-1909/analysis","conflicts":"/api/acts/redemption-of-annuities-act-1909/conflicts","importantCases":"/api/acts/redemption-of-annuities-act-1909/important-cases","documents":"/api/acts/redemption-of-annuities-act-1909/documents"}}