on 27-11-2017 12:50 PM
I am often involved in Transfers where the transferor is required to transfer a property pursuant to a Court Order. Generally an officer of the Court is appointed under the Order to sign on behalf of the transferor where that party fails or refuses to do so. How will this work with electronic transfers? The 'reluctant' party is often not represented and won't willingly participate in the process. I don't expect the courts will be PEXA subscribers although perhaps they will have to be......
on 27-11-2017 02:19 PM
Electronic conveyancing transactions require that the represented parties sign a Client Authorisation Form (CAF). As you say, in this scenario the Party being ordered to relinquish their interest in land by the courts is refusing to co-operate. Often in such cases, subject to how the court order has been drafted, the court will appoint an officer to sign the transfer of land 'for' the relinquishing party.
Today, the certifications in the electronic conveyancing framework do not accommodate a scenario where a third party appointed by the court may execute the relinquishment of a proprietors interest.
As part of the joint road map to 100% digital developed jointly by the Australian Registrars Working Group (ARWG) and PEXA, issues such as this are being addressed. Please stay in touch with me @GeorgePolus and I will keep you up to date with road map developments.
By way of example, while Transfer by Third Party (Mortgagee) is not what you are after, this transaction will be supported by PEXA in VIC from May 2018 and NSW Nov 2018 with other jurisdictions following shortly thereafter.
on 19-06-2018 05:23 PM
Is there any update on the above in Victoria?
I am querying whether it would be possible for two joint proprietors to transfer a property on PEXA, where one is represented and the other is unrepresented and under a disability.
Is it possible to lodge a transfer on PEXA where a court order was obtained to have a transfer signed on the unrepresented party's behalf (or in this situation, an order that a client authorisation form be signed on their behalf by a "Client Agent")?
I note that under "Dealing Requirements" there is "Court Order" but I am not sure if this is relevant in these circumstances.
on 19-06-2018 05:30 PM
I think you are best asking this question directly of Land Use VIC.
Please let me @GeorgePolus know if you need assistance in that regard.
Apologies that I am unable to assist further.
on 25-10-2018 04:26 PM
Is there any update on the processes available to enforce court orders (such as Family Law orders) to transfer properties, when one party is unwilling to cooperate? If the court is not able to sign on someone's behalf, it would seem that the court has no real power to order the sale or transfer of a property if a court can't enforce its own orders.
on 29-10-2018 10:47 AM
PEXA enables electronic lodgement of Land Registry dealings.
The rules which govern the scope of what PEXA is enabled to do are set by the Registrar of Titles in each jurisdiction. I am unable to provide a response to you about signing a Transfer pursuant to a Court Order.
What I can offer, if you would like, is arrange for the correct person at Land Use VIC to respond to your question.
If you send me a private message with your contact details, complete with particulars of your question, I will contact LUV and ask that a response be returned to you.
Please let me @GeorgePolus know if you have other questions.
on 14-03-2019 06:22 AM
I have exactly the same issue in relation to enforcement of a family court order.
Is there any update here?
on 23-11-2021 09:46 AM
Transfers pursuant to a Court Order must be signed by the Court as Transferor. The 'court' may not subscribe to an ELN. In order to process these dealings in PEXA you will need to lodge the 'wet signed' transfer as a DWE (Dealing with Exception). You will need to attach the Lodgement Rules Exception form selecting the below item:
Please remember that the rule will apply that if one dealing in the lodgement case is a paper dealing (DWE) then all dealings in the lodgement case must be a paper dealing (DWE). Hence if the transfer is to be preceded by a Discharge of Mortgage and/or followed by a Mortgage (for example) then each of these dealings must be a separate DWE dealing in the lodgement case.
Please let me @GeorgePolus know if have further questions.