Selling or buying a property! Mandatory eConveyancing from 20 February 2023 With

Trove Easton of Easton Lawyers, Maleny

If you have any involvement in real property in Queensland, you are probably aware massive changes are taking place, not the least of which is that Titles Queensland have officially announced that from 20 February 2023 electronic conveyancing will be mandatory in Queensland. This will bring Queensland in line with New South Wales, Victoria, South Australia, and Western Australia, delivering a consistent service experience for all parties involved in property transactions. This consistency is achieved through the new Land Title Regulation 2022, and under section 5 certain documents must be lodged electronically unless an exemption applies, from 20 February 2023.

The documents (also called ‘instruments’ by lawyers and other legal professionals) include:

✦ transfer documents;

✦ mortgages;

✦ releases of mortgage;

✦ caveats;

✦ withdrawals of caveat; and

✦ priority notices.

Section 5(2) of the Land Title Regulation 2022 also states a list of exemptions from the requirement above, including:

✦ where the Electronic Lodgement Network does not have the functionality to prepare, lodge or deposit the required document;

✦ where, outside of the lodger’s control, the Electronic Lodgement Network prevents the lodgement or deposit of the required document;

✦ where the required document is required to be prepared, lodged or deposited with another instrument or document that cannot be lodged or deposited using an Electronic Lodgement Network; or

✦ where a self-represented party is an individual who is not a subscriber to an Electronic Lodgement Network.

Since voluntary eConveyancing was introduced, around 70% of relevant transactions are finalised on the Electronic Lodgement Network and a survey by the Queensland Law Society found, that 84% of solicitors use

eConveyancing to settle property transactions.

So while it is no longer voluntary, not that much has changed and it will for most law firms be business as usual on 20 February 2023. Of course if you have any questions, queries, or concerns, please do not hesitate to contact us regarding this or any other property law matter.

We look forward to hearing form you.

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Web Address: http://eastonlawyers.com.au/