topic Industry transformation - Mandate Dates in Ask the PEXA Community

Industry transformation - Mandate Dates

Aoife — Mon, 16 Jul 2018 02:15:20 GMT

The Industry Timeline is updated frequently, for the latest version please scroll down to the end of this page.

Looking for more information on the digital transformation timelines?

The Industry Timeline is updated frequently, for the latest version please scroll down to the end of this page.

Refer below for the key dates and more released by the Land Registries of Victoria, New South Wales and Western Australia:

Landgate Bulletin 13 December 2016 | Electronic lodgement of eligible documents

Registrar announcement links for each state:

VIC - Bulletin 171

NSW

Current timeline

Re: Industry transformation 2017

kiernanc — Wed, 23 Aug 2017 22:01:45 GMT

Hi , thanks for the update.

Where do Transmission Applications (Deceased registered proprietor to Legal Personal Representative) fit in to this timetable? I'm particularly interested in Victoria.

Re: Industry transformation 2017

JoW — Fri, 25 Aug 2017 04:01:45 GMT

Hi ,

Thanks for reaching out.

PEXA and Land Use Victoria are currently targeting Release 7.1 for this functionality (scheduled for February 2018).

It's likely Land Use Victoria will update their transition to digital timetable at some point after that.
Thanks

Re: Industry transformation 2017

StaceyP — Thu, 07 Sep 2017 03:16:40 GMT

Can you please clarify a couple of things:-

1. When you say "standalone transfers" does that mean that we will no longer be able to do a paper settlement for any matter involving a transfer in NSW?

2. Are these dates mandated?

Thanks

Re: Industry transformation 2017

MatthewGillet — Mon, 25 Sep 2017 18:52:29 GMT

Morning

Apologies if this is doubling up on the reply but for certainty I can offer the following:

1. a "standalone transfer" refers to a transaction where there is only the Transfer of Land document lodged. In simple terms, the most common form is a cash transfer where a buyer is paying cash and there is no existing mortgage on title (clear title)

2. In NSW, these dates form part of the Registrar's Conveyancing Rules and providing there is no amendment to these, the dates are fixed.

I hope that helps.

Matt

Re: Industry transformation 2017

StaceyP — Sun, 08 Oct 2017 22:39:58 GMT

So just to clarify, if there is a mortgagee involved in the transaction, either discharging or incoming, these settlements can still be a manual settlement after 1/7/2018?

Can you provide any insight into the lodging of Transmission Applications and Notices of Death? Will these be part of the PEXA platform?

Re: Industry transformation 2017

MatthewGillet — Thu, 12 Oct 2017 00:25:50 GMT

Hello

Particular to NSW, the following will apply:

On 1 July 2018 - A standalone transfer that has no mortgage or discharge attached must be lodged electronically
- Common Example - A house that is clear title and purchased in cash
On 1 July 2019 - Any discharge, transfer or mortgage (or combination thereof) must be lodged electronically
- Common Example - a standard DTM. A house sale where there is an existing mortgage on title that is discharged and replaced with a new mortgage by the financier of the buyer.

Matt

Re: Industry transformation 2017

stephbisset — Mon, 05 Feb 2018 03:44:34 GMT

Hi Jo,

Is there an updated table showing the start dates from your post dated 27 October 2017. I am particularly interested in QLD. When do we have to start stand-alone refinances with PEXA?

Thanks, Steph

Re: Industry transformation 2017

Aoife — Mon, 05 Feb 2018 04:00:38 GMT

Hi Steph,

Thanks for your question. The table from 27 October 2017 above is still the most accurate timeline.

Refinances are available to be completed online in Queensland already, however no timeline has been provided yet. Check out this overview of refinances for your reference.

Cheers

Aoife

Re: Industry transformation - Mandate Dates

JulieKhoo — Wed, 08 Aug 2018 07:49:03 GMT

Please note the new dates for requirement to lodge transactions electronically (relating to in scope titles)

Re: Industry transformation - Mandate Dates

MorganConveyancing — Sat, 05 May 2018 11:31:22 GMT

Why does it say that the Discharges and Mortgages only relate to ADIs that have a conveyancer or lawyer representing them. If a bank does not have a conveyancer or lawyer representing them, does this mean they can still lodge a stand alone mortgage and/or discharge by paper?

Re: Industry transformation - Mandate Dates

MatthewGillet — Sun, 06 May 2018 03:22:10 GMT

Hello

Thanks for the question, it is a very good one.

This is a carve out in the Registrar's Requirements for discharge of mortgages, mortgages and refinances . In essence, during this phase, the mandated extended to select organisations being Authorised Deposit-taking Institutions (ADSs) and legal/conveyancing practices that represent ADIs. A couple of examples are as follows:

Example 1 - A bank that does its own mortgage processing in house such as ANZ Bank

Example 2 - A mortgage processing specialise business such as Dentons, Galilee, MSA and FMS

This mandate excluded private mortgagees and mortgages held by non-ADIs. A example of a non-ADI is Aussie Home Loans

Thus to your question, if the bank is doing their own mortgage processing or outsources their processing to a conveyancing or legal firm than they must lodge them digitally.

I hope that clears up your query. Please reach out if you have any further questions

Regards, Matt

Re: Industry transformation - Mandate Dates

MorganConveyancing — Mon, 07 May 2018 02:35:36 GMT

Thanks.

Re: Industry transformation 2018

JessicaW — Tue, 08 May 2018 00:41:48 GMT

Morning

In Victoria I understand by 1 March 2018 all stand alone transfers must be lodged electronically. Can you please clarify that this would not include a transfer where a charge of annuity under section 74 of the TLA and restrictive covenant is registered with the transfer? Accordingly, this transfer would need to be registered by paper.

Perhaps it would also be worth confirming the nature of this transaction post 1 October.

Kind Regards,

Jess.

Re: Industry transformation 2018

MatthewGillet — Thu, 17 May 2018 01:50:51 GMT

You are correct that all standalone transfers in VIC must be lodged online from 1 March 2018. The most common example of this is a cash purchase with an unencumbered title.

With regard to your question regarding restrictive covenants, that depends if you view a transfer with a restrictive covenant a stand-alone lodgement.

PEXA supports lodgement of transfers that reference the covenant registered as a Memorandum of Common Provision in the transfer form but doesn’t have the T2 paper form per se.

My best suggestion is to contact Land Use Victoria should you wish to lodge a Standalone T2 in paper between now and 1 July 2018. As they will need to assess if it fits in with the “stand-alone”

However from 1 July 2018, the paper T2 form will be discontinued which definitely means that from that point it fits clearly within the Registrars Requirements

Matt

Re: Industry transformation - Mandate Dates

bfriedeberg — Thu, 14 Jun 2018 01:04:07 GMT

Good morning

The Conveyancing Rules do not provide any guidance regarding the electronic lodgement of:

property acquisition notices;
voluntary planning agreements; and
water access licences.

Is the intention that these will in the future also be able to be lodged electronically?

If so, is there any guidance on when?

The PEXA timetable indicates that , for instance, 'all transactions' in Victoria are intended to be able to be lodged electronically from 1 August 2019.

Does 'all transactions' include the above 3? What is the plan for NSW?

Many thanks

Betina

Re: Industry transformation - Mandate Dates

Ames — Thu, 14 Jun 2018 06:11:40 GMT

Victoria's 'all transactions' are transactions on the Land Register, not the water register (no WALs). They would include planning agreements (section 173) and acquisition notices such as section 54 of TLA, section 10 of Land Acquisitions Compensation Act. These will form part of the residual document solution in Victoria.

NSW does not have an 'all transactions' date which would require all transactions to be lodged electronically, but we do have a plan to deliver residual documents in NSW also (subject to relevant changes also being made at the Land Registry/operator).

Hope this helps.

Ames

Re: Industry transformation - Mandate Dates

TiborCsapo — Fri, 20 Jul 2018 11:10:04 GMT

Dear Colleagues,

I have a NSW matter with a standalone Transfer that settled with paper Certificate of Title and Transfer just before 1 July 2018 and was not able to be registered before then. Can I still send them in for registration as normal? I can't seem to get the PEXA transaction working to lodge it electronically.

Many thanks for any assistance.

Re: Industry transformation - Mandate Dates

GeorgePolus — Mon, 23 Jul 2018 00:33:54 GMT

Hi Tibor,

Please allow me to clarify.

Are you saying that a settlement was completed prior to July 1, but the lodgement of the paper dealings was not submitted to NSW LRS prior to July 1?

If so, the rule that NSW LRS will apply is that provided the dealing was signed prior to the mandate date, then a paper dealing will be accepted for lodgement, even if submitted post the mandate date.

If however, the dealing was signed after the mandate date, NSW LRS will not accept the dealing.

These rules are NSW LRS rules, and not PEXA rules. PEXA facilitates electronic lodgement according to rules set by jurisdictional registrar.

Regards,

George

Re: Industry transformation - Mandate Dates

BGoodwin — Tue, 02 Oct 2018 06:27:34 GMT

Hi,

We have a matter coming up on 11/10/18 which involves a Refinance in Victoria and a simultaneous Purchase in Queensland.

The purchasers Solicitors (Qld) are not registered for PEXA and have no intention of settling the purchase in PEXA.

I'm pretty sure that's not a acceptable reason to do a paper refinance in Victoria, and we don't see how we could effectively settle both within PEXA and outside of PEXA simultaneously.

Just seeking suggestions on how to handle this matter.

Barry...