E-Conveyancing in Queensland

E-Conveyancing Mandate in Queensland Many law firms are routinely using e-conveyancing in Queensland to process property transactions. However, until now,…

E-Conveyancing Mandate in Queensland

Many law firms are routinely using e-conveyancing in Queensland to process property transactions. However, until now, buyers and sellers could choose whether to manage their conveyances electronically or via traditional paper settlements. E-conveyancing will become mandatory as a result of a Titles Queensland mandate, for selected Instruments and Documents in Queensland starting from 20th February 2023.

This mandate aligns Queensland with New South Wales, Victoria, South Australia, and Western Australia by following in their footsteps and shifting to e-conveyancing.

 

What must be lodged under E-Conveyancing?

E-Conveyancing is a method where documents and instruments required for property transactions are digitally prepared, signed, settled and lodged. E-Conveyancing replaces the manual processes of using paper in traditional property transactions with an electronic filing network.

The following instruments are required to be lodged or deposited electronically from February 2023:

Transfers: A Transfer Instrument for a lot

Mortgages: A Mortgage Instrument and a Mortgage Releasing Instrument of a lot

Caveat: A caveat for a lot and a request to withdraw a caveat lodged over a lot

Priority Notice: a priority notice for a lot, request to extend, and request to remove priority notice.

Representative Registration: an application to be registered as the personal representative of a deceased registered lot owner.

 

Which types of Transactions are exempted from E-Conveyancing Mandate?

Only freehold lot interests are subject to the mandate.

Secondary land interests like leases and water rights are excluded The mandate has some exceptions, which are detailed below:

ELN Limitations: Electronic Lodgement Network (“ELN”) does not have the operational environment capable of preparing, submitting, or depositing the necessary instrument or cannot be used due to uncontrollable events. (for example, due to internet outages or unavailability of the ELN)

Registry Limitations: The landed registry does not have the operational capacity to accept or process instruments or other documents lodged or deposited using an ELN

Combined transactions: When a non-electronic conveyancing document has to be generated, submitted, or placed alongside another document or instrument

Self-represented individuals: If the individual is neither an ELNO subscriber nor represented by a lawyer or law office

Pre-commencement documents: If the individual executes the hard copy of the document before 20th February 2023.

Additionally, there are exemptions for documents that replace rejected or withdrawn transactions and those that give effect to transactions that are neither “ELN lodgments” or “ELN transfers” as defined by the Duties Act of 2001. (Qld).

 

The Journey of E-Conveyancing in Queensland

Queensland introduced voluntary E-Conveyancing ten years ago under the Electronic Conveyancing National Law (Queensland) Act 2013. Since then, the state has observed an organic uptake of E-Conveyancing, where 70% of the relevant transactions were concluded through E-Conveyancing systems.

E-Conveyancing has proven more efficient than the manual paper settlement, where both parties can immediately confirm lodgement and registration. Since the electronic filing network can automatically link multiple settlements, the client can settle all of them simultaneously. In addition, e-Conveyancing is designed so that the clients can avoid the extra hustles like signing multiple papers or waiting for trust or bank cheques. Instead, platforms like PEXA and Sympli do the extra work for them.

According to a survey by QLS Proctor, 84% of the respondents settled their property transactions with E-Conveyancing methods, and 70% supported the E-Conveyancing Mandate. This natural adoption of E-Conveyancing in Queensland reflects all the advantages that come with it.

 

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