Compelling nomination of ECT to accept Transmission

[cstewart]

Good afternoon,

We act for a trustee of a bankrupt estate and wish to lodge a Transmission Application and supporting declaration (in paper format) in Victoria.

The registered first mortgagee will not nominate the electronic title to accept our paper instrument.

Prior to the electronic platform, we could rely on s86 TLA and compel the mortgagee to produce their title.

I have been unable to find an equivalent provision in the Electronic Conveyancing National Law?

Is there one?  

[Ames]

Hi @cstewart

Enquiries regarding how transactions can be supported in paper should be directed to Land Use Victoria.

However, the eConveyancing National Law does not replace the TLA. Section 86 should apply to the title, which now exists in electronic form.

Hope this helps

Ames