New Standalone Transfer Requirements as of 1 March

[Nicholsons1]

I understand that all standalone transfers are to be lodged electronically through PEXA now, however, if the other party was not yet signed up to PEXA, are you still able to lodge a paper Transfer?

I'm sure that you must be, I just want to confirm that it would not be turned away at the counter.

Thanks in advance.

[TJ]

Hey @Nicholsons1,

That question is answered in the 1 March mandate FAQ post. The advice we've received from Land Use Victoria is that regardless of whether a party is registered for PEXA or not, the transfer must be lodged electronically.

Our onboarding team have put in a power of work to make sure the practitioners in Victoria, who complete these transactions, are registered. Of course there are still a number who have not and unfortunately they may very well be turned away at the counter.

We're suggesting that anyone who has not yet registered in Victoria contact our team immediately to start the registration process. 

[Nicholsons1]

Thanks for the response @TJ, I missed that bit in the mandate, I thought that would likely be the case.

But Transfers lodged with Mortgages and Discharge of Mortgages can still be done via paper transaction at the moment?

[TJ]

That's correct for the Victorian jurisdiction, as per the latest Land Use Victoria Bulletin; 

Under Registrar’s requirement 6.5 the following exceptions to lodging using an Electronic Lodgment Network (ELN) include:

• a transfer is lodged with any other instrument for the same folio(s), including a survivorship application
• a transfer is of a type that as at 1 March 2018 is not available in PEXA, such as
  • transfers by mortgagees
  • transfers by a minor
  • transfers creating an easement
  • transfers of an interest (e.g. a lease or mortgage)
  • transfers of part of land in a folio of the Register
  • transfers of a tenant in common’s share
  • transfers that cannot be assessed for duty by the State Revenue Office Duties Online – details of the transaction types able to be processed in Duties Online are in the tables of transactions and combinations of transactions available on the SRO website at sro.vic.gov.au/duties-online-transaction-types
  • transfers affecting more than 20 folios