Electronic Conveyancing Resources & Advocacy

All combinations of transactions available in PEXA are to be lodged electronically by 1 October 2018. That is, if any instrument or combination of instruments signed on or after 1 October 2018 is available in PEXA, it must be lodged electronically. This requirement applies to conveyancers and lawyers acting for a party or themselves and PEXA Subscribers. Key resources available to assist practitioners with electronic property transactions, and details of the LIV’s advocacy on behalf of members, are found below.

Electronic conveyancing resources

Key resources available to practitioners, including resources developed by the LIV, are listed below. In addition, details of the LIV’s advocacy on behalf of its members regarding electronic conveyancing are found below.

• LIV resources
  A range of resources developed by the LIV may be found here

• PEXA
  Resources produced by PEXA, including a live PEXA community with FAQs and ‘how to’ guides, are available on its website. The PEXA Support Centre is also able to assist from 8:30am – 8:00pm AEST Monday to Friday, and can be contacted on 1300 084 515 or support@pexa.com.au.

• Land Use Victoria
  Land Use Victoria is the Victorian government’s key agency for land administration, property information, and facilitating better use of government-owned land.
  
  This website contains information, including forms, guides and fees, in relation to transfer of land in Victoria. Land Use Victoria also regularly releases Customer Information Bulletins on issues, including electronic conveyancing and electronic Certificates of Title.

• State Revenue Office (SRO)
  Please see the SRO website for more information on how e-conveyancing affects  payment and lodgement of land transfer duties. For more information, please also consult the Duties Online User Guide. 

• Australian Taxation Office (ATO)
  The ATO is the principal revenue collection agency of the Australian government.

• Australian Registrars’ National Electronic Conveyancing Council (ARNECC)
  Contains the latest information about the national electronic conveyancing regulatory framework. ARNECC are the producers of the Model Operating Requirements (MOR), Model Participation Rules (MPR) and Client Authorisation Form. ARNECC also publishes Guidance Notes based on its Model Participation Rules to assist Subscribers in understanding what is expected of them in complying with the Registrar’s Participation Rules in each jurisdiction. 

• Legal Practitioners’ Liability Committee (LPLC)
  Contains useful information and resources covering a range  of property issues, including electronic conveyancing.

• Victorian Legal Services Board + Commissioner
  Contains useful information such as factsheets on cybercrime and resources in relation to trust accounts.

LIV resources

Please contact the LIV’s Property and Environmental Law Section via PELS@liv.asn.au if you have any questions or feedback about electronic conveyancing that are not addressed by the resources on this page. The LIV’s Practice Support team may also be contacted by telephone on 03 9607 9378 or email practicesupport@liv.asn.au

The LIV has compiled and produced a series of comprehensive electronic conveyancing resources for members:

• LIV Technology and the Law Committee
  The LIV Technology and the Law Committee has prepared a number of resources relevant to electronic conveyancing, including factsheets in relation to cyber security, and cloud computing.

• Cyber security essentials for law firms
  This fact sheet was created by the LIV Technology and the Law Committee to assist law firms with cyber security.

• Cyber security essentials for the individual
  This fact sheet was created by the LIV Technology and the Law Committee to assist individuals with cyber security.

• Electronic conveyancing special condition for use with the LIV / REIV contract of sale of real estate
  The authors of the Law Institute of Victoria and the Real Estate Institute of Victoria’s “Contract of Sale of Real Estate” (Russell Cocks, David Lloyd and Murray McCutcheon) have prepared this special condition for use in transactions where the parties agree that settlement and lodgement will be conducted electronically in accordance with the Electronic Conveyancing National Law.

• Transition to 100% Digital Lodgement: Your Essential E-Conveyancing Guidebook
  The LIV has developed a guidebook to ensure practitioners are suitably equipped to adhere to the mandatory uptake of electronic conveyancing. The Transition to 100% Digital Lodgement: Your Essential E-Conveyancing Guidebook is available here.
  The Guidebook is available free of charge to those LIV practising members who have listed Property Law as their area of specialisation.

• Transition to 100% digital conveyancing VIDEO
  There are changes coming for lawyers practising in property law. The transition to 100% digital conveyancing and lodgement will change the face of property practice for good, and it is essential that all lawyers in this space are aware of the new digital requirements. This video is designed to provide you the essential information you need to know as a property lawyer working in 2017 and beyond. You will learn the step-by-step details of what changes are coming into effect, what you need to do to prepare and how you can remain compliant during the transition.
  Watch the video trailer.

• The what, why and how of e-conveyancing – DVD
  This DVD informs practitioners about the legal framework, risks and obligations associated with e-conveyancing. While some aspects of electronic conveyancing have changed slightly since the DVD was produced in 2015, the key principles and concepts remain the same.

• 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.

LIV advocacy

• Commercialisation of Victoria’s Land Titles Registry and the Mandated Use of PEXA
  The LIV expressed concern in August 2018 regarding the recent cyber security incident involving theft of money being paid as part of property transfers transacted using PEXA, and reiterated its call for the abandonment of the proposal to privatise Land Use Victoria.

• Meeting between the Law Institute of Victoria and PEXA on 13 September 2018
  The LIV has written to the CEO of PEXA to summarise concerns raised by members of the LIV PELS Executive Committee at a meeting between members of the Committee and PEXA representatives on 13 September 2018. The LIV will continue to follow up a response to these concerns.

• PEXA transactions where purchasers are “exempt bodies” under the Duties Act 2000 (Vic)
  The LIV has written to the SRO to advise that, for exempt bodies such as local government councils and water authorities, the duty verification process between PEXA and the SRO Duties Online Form is not facilitated as these transactions must be ‘manually’ assessed and cannot be processed on Duties Online. This prevents standalone transfers involving exempt bodies from transacting on PEXA and, consequently, settlements have to revert to a physical settlement.e

• State Revenue Office Dutis Online Form
  The LIV has written to the SRO to advise it of issues that LIV members have identified with the SRO Duties Online Form.

• Trust Form 18: Deceased estate – Commencement or completion of administration (LTX-Trust-18)
  The LIV has written to the SRO to express concerns about the impact that the SRO’s new Trust Form 18: Deceased estate – Commencement or completion of administration (Trust Form 18) has on elderly members of the community and their ability to sign Trust Form 18.

• Double payment of stamp duty through the State Revenue Office and PEXA
  The LIV has written to the SRO to indicate that it has become aware of instances where clients of lawyers are being forced to pay stamp duty twice before transfers which were processed in the paper system can be registered via PEXA. The LIV submits that this is unfairly imposing a heavy financial burden on people who have already paid stamp duty but, through no fault of their own, have been forced to use PEXA in order to achieve registration of a transfer of land.

LIV liaison group meetings

The LIV represents its members at regular meetings with the following bodies to discuss issues relating to the electronic conveyancing system. If you have a query you would like raised at these meetings, in the first instance please email the LIV’s Property and Environmental Law Section via PELS@liv.asn.au and the LIV’s Practice Support team via practicesupport@liv.asn.au

• Land Use Victoria;

• The Legal Practitioners’ Liability Committee;

• The Victorian Legal Services Board + Commissioner;

• PEXA;

• The State Revenue Office;

• Law Council of Australia Australian Property Law Group;

• Law Council of Australia NECS Committee; and

• Consumer Affairs Victoria Real Estate Reference Panel.

LIJ and blog electronic conveyancing articles

• PEXA cybercrime incidents – lessons learned

• LIV Calls for PEXA rethink

• PEXA hack boosts calls for delay

• Property Law Special Edition 2018

• Property: E-conveyancing: what you need to know – Simon Libbis
  Jan/Feb 2015 89 (1/2) LIJ, p.78
  10 things practitioners need to know about e-conveyancing.

• Property: Introducing e-settlement – Russell Cocks
  December 2014 88 (12) LIJ, p.77
  Commentary on the LIV e-conveyancing special condition.

• Who are you? Prove it – Simon Libbis and Prue Long
  October 2014 88 (10) LIJ, p.40
  Information for practitioners about the verification of identity regime for conveyancing and its practical implications.

• E-conveyancing – what does it mean for your business?
  President’s Blog – 27 August 2014

• Farewell to paper: Electronic conveyancing to go national – Murray McCutcheon
  October 2013 87 (10) LIJ, p.40
  Overview of the (then under-development) e-conveyancing system.

Legislation

The national regulatory framework governing electronic conveyancing is the Electronic Conveyancing National Law (ECNL).

The ECNL was developed by the Australian Registrars’ National Electronic Conveyancing Council (ARNECC), which is composed of the Registrars from all Australian States and Territories.

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.

There are two sets of Rules which have been produced under the ECNL:

The ECNL and the MPR largely provide the framework for the functions and obligations of lawyers using electronic conveyancing. The MPR and the MOR are being further refined on a continual basis.

National electronic conveyancing resources

• Law Council of Australia (LCA) National Electronic Conveyancing System (NECS)
  Contains information on advocacy untaken by the LCA and its constituent bodies regarding national electronic conveyancing since 2005.

• LCA submissions on electronic conveyancing
  Contains a link to various submissions made by the LCA in relation to electronic conveyancing.

• Australian Institute of Conveyancers
  The Australian Institute of Conveyancers is the peak body representing registered, licensed, and certified practising conveyancers.

• Real Estate Institute of Victoria
  The REIV is the peak representative body for real estate practitioners in Victoria.

• Queensland Law Society Guidelines for E-Conveyancing
  Prepared by the Property & Development Law Committee of the Queensland Law Society, these Guidelines are designed to reflect recommended practice for solicitors who have been retained to act in residential property transactions where electronic settlement and lodgement through PEXA has been agreed. The Guidelines also provide a useful overview of the e-conveyancing legal framework and PEXA.

• Law Society of New South Wales Electronic Conveyancing
  Contains a series of resources in relation to electronic conveyancing produced by the Law Society of New South Wales. 

• LCA Australian Property Law Group
  The LCA’s Australian Property Law Group provides a forum for lawyers who work within real property to discuss issues at a national level, and reflects the interests of practitioners in major areas of property law.

• InfoTrack
  InfoTrack has prepared a guide to navigating electronic conveyancing in Australia, available here.

• Preparing your practice for e-conveyancing
  This article contained in the March 2015 edition of the LSJ provides an overview of preparing your practice for e-conveyancing.

• E-conveyancing – the verdict
  This Q&A conducted by the Law Society of New South Wales provides some insights on the e-conveyancing process.

Key LIV contacts

For information about the LIV’s Property and Environmental Law Section, including how to join the Section and its various Section Committees, please see: https://www.liv.asn.au/Professional-Practice/Areas-of-Law/Property-Law/Get-involved
The LIV’s Property Law Committee, focuses on specific issues and projects relating to property law, including electronic conveyancing. The Committee’s objectives are:

The LIV’s Property Law Committee, focuses on specific issues and projects relating to property law, including electronic conveyancing. The Committee’s objectives are:

• To initiate and respond to property law reform;

• To update LIV members on current property law issues and to stimulate debate amongst members about those issues;

• To respond to government departments and stakeholders about subjects pertinent to property law practitioners; and

• To assist in the development of continuing professional development events for practitioners.