7 October 2022
Key Information: Mandatory e-Conveyancing in QLD
Written by Lawyer, Elaina Hea and Law Student, Sebastian Andaya
New eConveyancing regulations will be mandated on 20 February 2023 following the commencement of the Land Title Regulation 2022, which will bring Queensland into line with other states, such as New South Wales, Victoria, Western Australia and South Australia, where eConveyancing is mandatory for certain land title transactions. Currently, there are two nationally approved ELNOs, namely PEXA and Sympli. Both parties who are currently on the same transaction will have to use the same ELNO.
The Land Title Regulation 2022 aims to specify the classes of instruments subject to mandatory electronic lodgement through the ELNO and exemptions that will apply.
Proposed Mandates in February 2023
The electronic conveyancing document and transaction types proposed to be listed by the regulation are those that are capable of lodgement using eConveyancing.
| Electronic conveyancing document type | Detail of the transactions under the ‘class ‘of electronic conveyancing document |
| Transfer (Form 1) Including the form 24 Including the form 25 | Fee simple Whole of the land Where both the transferee and the transferor (as applicable) are any of the following: Individuals, corporations, trustees, personal representatives, State of Qld, Commonwealth of Australia, Local Governments, charitable organisations and other organisations. All lots on title Where the consideration is any of the following: monetary, gift, natural love and affection, retirement or appointment of a trustee, death and appointment of a trustee, discharge and appointment of a trustee, desire to change tenancy, severance of joint tenancy, pursuant to s59 of Land Title Act, agreement under the part of VIIB Family Law Act, financial agreement under the part VIIIA of the Family Law Act 1975, assumption of liability under mortgage, pursuant to a clause in the trust deed, pursuant to a family law act order and pursuant to the rules of intestacy (transferor must be a personal representative). |
| Mortgage (National Mortgage Form) | Fee simple Where both the mortgagor and the mortgagee (as applicable) are any of the following: Individuals, corporations, trustees, personal representatives, State of Qld, Commonwealth of Australia, Local Governments, charitable organisations and other organisations. Whole of land All lots on title All of the registered owners |
| Release of mortgage (Form 3) | Fee simple Whole of land All lots on title All of the registered mortgagors |
| Caveat (Form 11) | Fee simple Caveats where the claim category is any of the following and the claim is available electronically: charge, constructive trust, Mortgage, and Purchase. |
| Withdrawal of Caveat (Form 14) | Fee simple Withdrawal from all lots included in the caveat |
| Priority Notice (PNN) | Fee simple Water allocation Fee simple pursuant to the Southbank Corporation Act 1989 |
| Extension of Priority Notice (PNE) | Fee simple Water Allocation Fee simple pursuant to the Southbank Corporation Act 1989 All lots on title All current title where the priority notice is current |
| Withdrawal of priority notice (PNW) | Fee simple Water Allocation Fee simple pursuant to the Southbank Corporation Act 1989 All lots on title All current titles where the priority notice is current |
| Transmission by death application (Grant in QLD or QLD recognised Grant) (Form 5) | Fee simple Whole of the land All lots on title Deceased sole registered owner Where a grant of representation in Queensland or a Queensland Recognised Grant has been obtained. |
Exemptions
Aside from the above information the following below exemption are also to be applied to the mandate.
- Where the title is not electronically tradeable, for example:
i) The registered owner has the recorded capacity of ; minor’; or
ii) The registered owner has a name suffix; or
iii) The title is for part of the lot (including timeshares and other undivided moieties); or
iv) Where a Party is a deregistered company or bankrupt. - Where one or more of the Parties are self-represented
- Where the Instrument or Document is required to be presented for lodgement together with an Instrument or Document which is not an Electronic Conveyancing Document.
- Where technical difficulties prevent the Instrument or Document from being completed and lodged using an ELN for example:
i) Internet outages;
ii) Unavailability of the ELN;
iii) natural disasters - Where Titles Queensland (on behalf of the Registrar) has granted a Subscriber a waiver, for that single Instrument or Document or for a specific type of Instrument.
- Where an Instrument or Document has been executed by at least one party prior to the date mandatory eConveyancing takes effect.
- Where the Instrument or Documents or functionality required to complete the Instrument or Documents has not been made available in any ELN.
- Where a consent is required to be deposited with an Electronic Conveyancing Document in the Lodgement Case.