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Conveyancing update: upcoming mandate for e-conveyancing in Queensland

2 min read
28 November 2022

Key Takeaways

  • The mandate will apply to all eligible electronic conveyancing subscribers.
  • An individual who is not a subscriber and is not represented by either an Australian legal practitioner or incorporated legal practice for the purpose of completing a transaction to which the instrument relates is not required to comply with the mandate.
  • Various circumstances are prescribed where an instrument (document) is exempt from being lodged or deposited via an electronic lodgment network (ELN).

The Land Title Regulation 2022 (Qld) will commence on 20 February 2023. The regulation provides that in Queensland, the following instruments (documents) must be lodged via an Electronic Lodgment Network (ELN):

  • A transfer – being the Form 1 (Transfer) and Form 24 (Property Information – Transfer) required by Titles Queensland to effect the transfer of property from one party to another;
  • A mortgage or release of mortgage;
  • A caveat or request to withdraw a caveat – a caveat partially “freezes” the title to a property by preventing the registration of certain dealings over the property;
  • A priority notice, a request to extend a priority notice, a request to withdraw a priority notice – a priority notice puts third parties on notice that the priority notice holder intends to lodge a dealing on the title at a later time, and also acts to partially “freeze” the title to the property; and
  • An application to be registered as a personal representative for a registered owner of a lot who has died. 

The mandate applies to everyone except those who are not subscribers to an ELN and do not have a solicitor or law firm acting for them. 

Various circumstances are prescribed where an instrument is exempt from being lodged or deposited via the ELN. These include:

  • Where the ELN does not have the functionality to facilitate the lodgment or if technical difficulties prevent the instrument from being lodged or deposited;
  • Where the instrument gives effect to a transaction that is not an ELN lodgement or ELN transfer as defined under section 156D of the Duties Act 2001 (Qld). For example, transfers of land that are exempt from duty due to an earlier agreement for the transfer do not satisfy the definition of a ELN lodgement or ELN transfer and are therefore exempt; and
  • As a transitional provision, a required instrument that was executed in hard copy before 20 February 2023 cannot be lodged or deposited with an ELN. 

Our firm are current longstanding subscribers to PEXA and have settled many properties using the platform. We will be welcoming the mandate coming into effect in February 2023.

If you require any assistance with a conveyancing matter, please contact us by email or phone 07 3220 1144. We are here to help.

The information in this blog is intended only to provide a general overview and has not been prepared with a view to any particular situation or set of circumstances. It is not intended to be comprehensive nor does it constitute legal advice. While we attempt to ensure the information is current and accurate we do not guarantee its currency and accuracy. You should seek legal or other professional advice before acting or relying on any of the information in this blog as it may not be appropriate for your individual circumstances.

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