Traditional paper settlements will soon become a thing of the past as Queensland introduces mandatory eConveyancing for selected instruments and documents. The mandate will come into effect from 20 February 2023, following the commencement of the Land Titles Regulation 2022 (Regulation), which will see Queensland align with other states, such as New South Wales, Victoria, Western Australia, and South Australia, where eConveyancing is mandatory for certain land title transactions.
Unless exempted, it will be mandatory for certain instruments and documents to be lodged or deposited through an Electronic Lodgement Network (ELN). There are currently two approved ELN operators in Queensland, being, Property Exchange Australia Limited (PEXA) and Sympli Australia Pty Ltd (Sympli).
Pursuant to section 4 of the Regulation, the following instruments or documents which must be lodged via eConveyancing include:
- Transfer documents
- Mortgage documents
- Release of mortgage documents
- Priority notices
- Withdrawal of a priority notice
- Extension of priority notices
- Caveats
- Withdrawal of caveats; and
- An application to be registered as a personal representative for a registered owner of a property who has deceased.
However, not all instruments or documents can or are permitted to be lodged through an ELN. Pursuant to clause 5(2) of the Regulation, certain instruments or documents are exempt where:
- The ELN does not have the functionality to prepare, lodge or deposit the instrument or document
- On the day of lodgement, an instrument or document is not lodged or deposited due to circumstances beyond the subscriber’s control
- The Land Registry does not have the functionality to accept or process the instrument or document
- The instrument or document is to be prepared, lodged, and deposited with another instrument or document which cannot be lodged or deposited using an ELN; or
- One or more of the parties to the transaction are self-represented and are not a subscriber.
Despite section 5 of the Regulation, if the instrument or document was executed by a party prior to the commencement of the mandate, the instrument or document can still be lodged via paper.
The mandate will only apply to a freehold lot interest. Secondary interest in land such as leases or water allocations is not included within the scope of the Regulation.
Rostron Carlyle Rojas Lawyers is a PEXA subscriber and is well equipped for the mandate with our dedicated team being experienced in eConveyancing transactions. Please do not hesitate to contact us should you have any questions.
The blog published by Rostron Carlyle Rojas is intended as general information only and is not legal advice on any subject matter. By viewing the blog posts, the reader understands there is no solicitor-client relationship between the reader and the blog published. The blog should not be used as a substitute for legal advice from a legal practitioner, and readers are urged to consult RCR on any legal queries concerning a specific situation.
