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Resources

Conveyancing Checklists

The LIV’s Property Law Committee has prepared the following conveyancing checklists to assist practitioners in managing conveyancing files.

Electronic Conveyancing

Changes in conveyancing practice: PEXA and e-conveyancing

The Law Institute of Victoria (LIV) has been actively involved in the process of delivering electronic conveyancing to Victorian legal practitioners for many years. It started with the Victorian project known as ECV followed by the National Electronic Conveyancing System. Electronic conveyancing  now being delivered by Property Exchange Australia Limited, the owners of which include various state governments and major banks. Whilst PEXA is a commercial organisation, it is regulated to a degree by the Australian Registrars National Electronic Conveyancing Council (ARNECC).
Throughout this lengthy development process, the LIV has worked collaboratively with the Law Council of Australia (LCA) and the state and territory law associations to ensure that the delivered system meets the needs of practitioners and their clients.

In January 2015, the LCA released a factsheet (pdf) on NECS, which includes an overview of PEXA, the regulatory framework, and a comprehensive list of risks and benefits PEXA is has  been available for settlements and lodgements in Victoria since 27 January 2015. Its use is optional for practitioners but commercial and regulatory pressures could eventually make its use irresistible. Therefore, practitioners will need to equip themselves with the skills to make critical decisions about the future of their practice in this area, including considerations on the risks, legal obligations, costs and impact on current practices and procedures.

Electronic conveyancing resources

The LIV has produced the following electronic conveyancing resources for members:

  • VOI Checklist
    The LIV has produced this checklist for use in both paper and electronic conveyancing transactions. The checklist will assist practitioners to conduct VOI in accordance with the VOI Standard and provide guidance on taking reasonable steps to verify identity if the Standard cannot be met. The requirement to verify the identity and authority (‘right to deal’) for clients applies to instruments dated on or after 9 November 2015. VOI of non-represented parties will follow for instruments dated on or after 1 December 2015. The checklist was updated in June 2017.
  • Verification of Authority Right to Deal Checklist
    For each conveyancing transaction, a practitioner must take reasonable steps to verify that their client is a legal person and has the right to enter into the conveyancing transaction. The requirement to verify the authority (‘right to deal’) for clients applies to instruments dated on or after 9 November 2015. In June 2017, the LIV produced this checklist to assist and provide guidance to practitioners in conducting verification of authority in accordance with the applicable requirements and standards.

LIJ and blog electronic conveyancing articles

Other electronic conveyancing resources

Legislation

The Electronic Conveyancing (Adoption of National Law) Act 2013 (pdf) came into effect on 14 March 2013. It adopts the Electronic Conveyancing National Law in Victoria and makes consequential amendments to the Transfer of Land Act 1958 and other Acts.

Property Law Disputes Resolution Committee

Members can access experienced senior solicitors for speedy resolution of property related disputes.
The Committee deals with disputes involving:

  • Conveyancing
  • Leasing
  • Licensing
  • Probate
  • Town planning
  • Local government
  • Subdivision
  • Body Corporate
  • General contract

A simple set of Guidelines and a Checklist have been developed to assist Members who wish to utilise the services of the Committee. View the Guidelines (pdf) or the Checklist (pdf)

Frequently Asked Questions