Preparing a Consent (NSW)

Depending on which jurisdiction you operate in, you may need to create a consent in order to lodge your property transaction successfully. PEXA allows you do this in a streamlined way.

On this page, you’ll learn how to:

• Create a consent in NSW.

Create Consent

Consent is an authorisation document required by the NSW Land Registry for the successful lodgement of a property transaction. To be able to create a consent you must be, or be representing, a Mortgagee on Title, a Proprietor on Title, or an Incoming Mortgagee in PEXA and hold the control of right to deal (CoRD).

CoRD is the right of the holder to consent to the registration of a subsequent interest in land.

Note: The consent is lodged as part of the transfer lodgement case at settlement. The Consent can be created before the Transfer document has been created by the Incoming Proprietor.

Currently eCTs are only available to:

• APRA regulated Financial Institutions, who hold a registered first mortgage; and
• Are PEXA Subscribers, or are represented by a PEXA Subscriber.

Therefore, in the Issuing Instructions, you must select Print and Deliver CT to the Responsible Subscriber (Incoming Proprietor or Incoming Mortgagee).

To create the consent:

• Select Documents from the left hand side navigation.
• From the Create Document pull down menu, select Consent.

The consent screen displays. There are three consent types:

1. Transacting Party Consents.
2. Third Party Consents.
3. Conversion to NO-CT.

When creating a Consent take note of the following information to be entered into the relevant fields.

Add Titles

When adding the title details take note of the following information to be entered into the relevant fields.

Select Consenting Party and click Save.

Now that you understand how to create a consent, you’re ready to learn how to complete a transfer. First, read through the transfer guidelines in the next article, and then learn about completing a transfer on behalf of a vendor or the purchaser.

Settling Off-The-Plan Properties

Learn how to prepare a transfer workspace before a Plan of Subdivision is registered. On this page, you’ll learn about:

• Off-the-plan transactions
• On-selling transactions

Off-the-plan Transactions

“Off-the-plan” refers to the purchase of a lot on an unregistered plan of subdivision, this can include land only or land and building (eg. an apartment). PEXA can cater for off-the-plan sales/purchases and the on-selling of property. A significant benefit for transacting off-the-plan transactions through PEXA is the ability to settle large numbers of lots in one day.

Note: Plans of Subdivision cannot be lodged in PEXA.

On-selling Transactions (Not applicable in QLD)

On-selling refers to when an individual has purchased a lot under an off-the-plan contract and then sold the lot to a new purchaser.

To process this type of transaction in PEXA, two transfers will need to be created in a single Workspace. The party on-selling the lot will already be in the role of Incoming Proprietor (for the first transfer) and should invite the subsequent Purchaser as Incoming Proprietor and PEXA will automatically allocate roles for the second transfer.

The first transfer is between the developer and the initial purchaser. The second transfer is between the initial purchaser and the eventual owner. As in the paper world, these transactions will result in two duty assessments.

Processing an Off-the-Plan Transaction in PEXA

Parent and Child Titles are used in transactions where the ‘Parent’ title is going to be split into several ‘Child’ titles, ie. in a subdivision or off-the-plan transaction.

1. Create a Workspace for each of the properties that are being sold.
   Note: If you are selling 10 units to 10 purchasers, you would create 10 Workspaces. If you were selling 10 units to 5 purchasers, you may only need to create 5 Workspaces, if the documents in each Workspace meet the Land Registry’s related dealing rules.
2. The Land Title Reference used to create each Workspace will be the Parent Title.
3. In the Create Workspace Screen, select ‘Yes’ to ‘Mark all land titles reference in workspace as parent’.

On the Land Title screen, you will not see any data.

1. Invite relevant participants into the Workspace as normal.
2. You will not be able to create parties or create any documents until the ‘Child’ titles have been issued by the Land Registry and have been added to the Workspace.
3. You are able to enter in some of the FSS details if known.

Once a period of time has elapsed, the Parent Title will be divided into Child Titles. At this point, you can add the relevant Child Titles to the relevant Workspaces.

1. Access the Workspace from your Dashboard.
2. Navigate to Land Title and click ‘Add Land Title’.
3. Add in Child Title reference and click ‘Validate’.
4. Click ‘Save’.

The Land Title has been successfully added to the Workspace, and you can complete the remainder of the transfer in PEXA as normal.

Note:

• After 120 days of inactivity, you will receive a notification, giving you 14 days to action the Workspace. If there is no activity, the Workspace will automatically move to the Archived folder. Subscribers will need to login to PEXA and complete a task in that Workspace in order to maintain an active Workspace.
• Upon registry information for the child title being received into the Workspace, the parent title is automatically removed from the Workspace.

Completing the Getting Started with PEXA program? See whats next.

Next, find out what you need to do if you need to withdraw from a workspace by reading the article How to Withdraw from a Workspace.

How to complete an Onsale Transaction in PEXA (Transfer by Direction)

For details on how the onsale process works in PEXA, please see description below the interactive tutorial screen.

Interactive Tutorial

Click on "What is it?" or "I'd like to see it" to get started. Note: To open the simulator in a new screen, click here. 

Scenario

A developer is building a suite of apartments and is selling the apartments 'off the plan'.  Frank purchases one of the apartments for $350,000 and agrees to settle on the date when a certificate of occupancy is issued by the developer.  Some weeks later, Frank identifies a buyer (Jenny)  who is willing to pay $400,000 for the same apartment.  Frank seizes the opportunity to make a profit of $50,000 and signs a contract of sale with Jenny.  In the contract of sale Frank stipulates that Settlement must occur on the date when a certificate of occupancy is issued by the developer.

In this scenario the same Property is being sold by the developer and then by Frank.  The settlement date and time of both transactions are aligned. 

Process in PEXA

PEXA supports this scenario by facilitating a 'Transfer by Direction' sometimes known as a 'Directed Transfer'.  The process works as follows.

1. The Vendor's (Developers) Representative creates a Workspace and invites the Purchasers (Frank's) Representative into the Workspace. 
2. Frank's Representative joins the Workspace.  Franks' Representative invites the Purchasers (Jenny's) Representative into the Workspace (or if they happen to also be (Jenny's) Representative they simply create Jenny as an additional Incoming Proprietor and confirm they act for her at that time). 
3. Frank's Representative creates a Transfer where Frank is the named Incoming Proprietor and the Developer is the named Proprietor on Title.
4. Jenny's Representative creates a second Transfer where Jenny is the named Incoming Proprietor and Frank is the named Proprietor on Title.  The Transfer from Frank to Jenny is placed after the Transfer from the Developer to Frank in the order of Lodgement.

PEXA automatically recognises that for 'Transfers by Direction' the Incoming Proprietor of the preceding Transfer in a sequence of Transfers will be the Proprietor on Title in the trailing Transfer.

1. In the PEXA Financial Settlement Schedule, the Developers Representative adds a Disbursement line item to the Developer (who for simplicity in this scenario owns the property outright) for $350,000.00.
2. Similarly, Frank's Representative adds a Disbursement line item to Frank for $50,000.00.
3. The Representative for Jenny adds a Financial Settlement Schedule Source line item for $400,000.00.
4. At Settlement PEXA will disburse $350,000.00 to the Developer and $50,000.00 to Frank.

If Jenny had purchased the apartment from Frank for $300,000.00, Frank's Representative will have had to add a Source line item for $50,000.00.  Frank will have had to raise the necessary funds to support the transaction

Using a Locum

If you need to use a locum practitioner to complete your PEXA transactions, there are two options available.

On this page, you’ll learn how to use a locum practitioner by using:

• The firm’s subscription
• The locum’s subscription

Using a Locum

A firm may choose to use a locum practitioner when the Principal is away, for example on holidays. A locum is not ordinarily an employee of the legal practice. However, in completing PEXA transactions, it is necessary to consider which Subscriber holds a Client Authorisation from the Client and ensure the Digital Certificate used by the Signer is issued under that Signers’ ABN. Where a locum has their own ABN and insurance, they may potentially become a PEXA Subscriber.

However, there are practical limitations to be considered:

Option A - Use the firm's subscription

Where the Client Authorisation Form and retainer is with firm A, Firm A will need to be the Subscriber.

The PEXA Participation Agreement does not allow a Representative Subscriber to sub-contract. Therefore, if Firm A is a Subscriber and wants the locum to provide services using their subscription, the locum will need to do so as an employee (not a contractor). All Users issued with a Digital Certificate must be a licensed conveyancer or Australian legal practitioner in order to Sign Land Registry instruments. Firm A would need to add the locum as a User to their Subscriber Profile.

Also, if Firm A wants the locum to execute instruments, the firm must order the locum a Digital

Certificate and verify their identify (note that each locum will need to have their own Digital Certificate as Digital Certificates cannot be shared). The Subscriber Manager will need to add the locum as a “User” and assign them a Signing Permission, if required.

Option B - Use the locum's subscription

If the locum is a Subscriber in their own right and uses their own subscription when providing locum services, the organisation for whom the locum provides services would not be able to access the Workspace and only the locum would be able to sign instruments. If using the locum’s own subscription when providing locum services, it will be necessary for the locum to obtain a Client Authorisation Form made out to the locum. 

Reports Overview

Running PEXA Reports

PEXA Reporting makes it easy to view up to the minute information in PEXA, allowing you to track usage, identify trends and gain insight into your electronic property exchanges.

PEXA provides reports for management, regulatory bodies, service providers and Subscribers. Access to specific reports is dependent upon the role you hold within PEXA. The results displayed in your report depend on the select criteria entered on the Reports screen. You can then select to display the report results in either PDF or CSV format.

Report Filtering

Use the fields on the Report screen to filter your report and apply criteria. For example: Filter by Workgroup, settlement status or a settlement date range.

Report Formats

Reports are displayed in a separate window in either PDF format in Adobe Reader or in CSV format in Microsoft Excel.
The data in the .csv file can be further manipulated by using Excel functionality e.g. filters, sorting, sum, and graphs.

PEXA Reports

Reports

The Reports Screen provides you with a list of all PEXA reports. Users and Administrators with Management Reporting permissions can run the reports for all Workspaces and Workgroups for their Subscriber. Reports can be created and viewed as often as required.


Report list - Financial Institutions

Report list- Conveyancers and Legal firms

Outstanding Sent Workspace Invitations Report - List of workspaces that have outbound open invitations

Displays a list of Workspaces that have sent invitations that remain open.

Report settings:

• Workgroups
• Jurisdictions
• Show open invites (Use the Show open invitations field to select all invitations or set a date range using the Equal to, Older than or Within Last settings)

Report detail includes:

• Workgroup Name
• Subscriber Reference
• Jurisdiction
• Invitee
• Invitee Role
• Days Elapsed
• Date Invite Sent
• Party
• Sender Contact Name
• Sender Contact Phone
• Sender Contact Email
• Recipient Subscriber Contact Name
• Recipient Subscriber Contact Phone
• Recipient Subscriber Contact Email
• Party 2
• Party 3
• Party 4

Outstanding Received Workspace Invitations Report - List of received invitations that have yet to be accepted

Displays any open invitations that have not been accepted.

Report settings:

• Invitation roles
• Invitation jurisdictions

Report detail includes:

• Subscriber Name
• Workspace ID
• Jurisdiction
• Role
• Days Elapsed
• Date Invite Received
• Party
• Subscriber Contact Name
• Subscriber Contact Phone
• Subscriber Contact Email
• Party 2

Documents Lodged Summary Report - List of documents by type and volume

Displays a count of all documents that have successfully lodged over a specified date range.

Report settings:

• Date Range: Report start date and Report end date
• Jurisdictions
• Document types

Report detail includes:

• Jurisdiction
• Document Type
• Number of Documents Lodged

Report restrictions:

• This report cannot be run for a future date.
• This report can only be run up to 120 days in the past.

Settlements by Settlement Date Report - List of past and pending settlements by date

Displays past and pending settlements by date.

Report settings:

• Workgroups
• Settlement status: Select Show workspaces that are not settled for pending workspaces or Show workspaces that are settled for past settlements.
• Date Range: Select a Report start date and Report end date

Report detail includes:

• Subscriber Reference
• Workspace ID
• Settlement Date
• Settlement Time
• Workspace Status
• Settlement Status
• Workgroup

Report restrictions:

• The report period (time between start and end date) cannot be greater than 60 days.

User Report - Subscriber User List Showing Permissions and Workgroup Allocations

Displays a list of users by User Type within your organisation.

Report settings:

• User type: Select the appropriate user permission group

Report details include:

• Subscriber User Type
• First Name
• Middle Name
• Last Name
• Email
• Phone
• Workgroup(s)
• Permission(s)
• Created On
• Status

Settlement Payments Mortgage Operations Report - Pending Settlement Payments by Date and Time

Displays a list financial transactions by settlement date and time.

Report settings:

• Date Range: Select Report start date and Report end date
• Settlement time: Select All or specify a specific settlement time
• Report type : Select either Source payments or Destination payments

Workspace Activity Report - List of Workspace Activities

Displays a list of workspace history events for selected workspaces.

Report settings:

• Workgroups: Select All or indicate a select a workgroup from the list
• Workspaces: Select All or indicate a specific workspace from the list of workspaces using the Subscriber Workspace reference

Settlement Payments ESA Report - List of Settlement Payment for ESA

Displays the net transaction value by settlement date and time.

Report settings:

• Date Range: Select Report start date and Report end date
• Settlement time: Select All or specify a specific settlement time

Report restrictions:

• The report period (time between start and end date) cannot be greater than 60 days.

Settlement Payment Financial Operations Report - List of Settlement Payment for Financial Operations

Displays financial transactions by settlement date and time.

Report settings:

• Date Range: Select Report start date and Report end date.
• Settlement time: Select All or specify a specific settlement time
• Report type: Select either Source payments or Destination payments
• Select trust account

Report restrictions:

• This report cannot be run for a future date.
• This report can only be run up to 120 days in the past.

Settlement Payments Trust Account Report - List of Settlement Payment for Trust Accounts

Displays financial transactions involving trust account by settlement date and time.

Report settings:

• Date Range: Select Report start date and Report end date.
• Settlement time: Select All or specify a specific settlement time
• Report type : Select either Source payments or Destination payments
• Select trust account

PEXA Support

Now that you’ve completed the PEXA Certified program, what’s next? As you continue to transact more and more, you can always refer back to the training materials in this program. You can also take advantage of the following support resources to assist on your journey to e-conveyancing.

e-Conveyancing Community

Share your insights, ask a question & join the discussion! Get the most out of Australia’s first e-Conveyancing community by sharing your expertise with your e-Conveyancing peers and learning from their experiences.

• Ask the Community a Question
• Share your experiences with e-Conveyancing
• Let us know any feedback or suggestions
   

Support Centre

PEXA’s dedicated support team are available to provide you with transaction assistance and any questions that you may have.

You can contact the support team, between 8.30am – 8pm Monday – Friday AEDT/ST, however please note that the Support Centre is closed on national public holidays and weekends.

T: 1300 084 515

E: support@pexa.com.au

F: 03 9621 2182

In order to assist you, the Support Centre may use Team Viewer to remotely access your desktop and support you in resolving your query. To learn more about how the Support Centre operates, you can read the Support Information brochure. Whether it’s logging, updating or escalating a request or incident, the PEXA Support Centre will respond to your request in a timely manner and provide you with the assistance you require to get your job done.