Frequently Asked Questions

I have updated my macOS to Catalina, and I’m now unable to sign, what should I do now?

You may use an alternative computer (Windows or one that is not updated to macOS Catalina) to sign. Note that you may need to install the digital certificate software, found here.

As an option, you may also check with Apple if you are able to downgrade to the prior macOS Mojave. Your ability to downgrade, could be subject to having backed up your system prior to the upgrade, and unfortunately, we are not able to provide you any guidance on this. We recommend contacting Apple or your IT support on this matter.

What steps does a joining Subscriber need to go through before accessing the Workspace?

If a Workspace has already been opened, and the Subscriber is in the role of Incoming Proprietor or Proprietor on Title, they will see the Existing Workspace pop up screen (formally the Duplicate Land Title pop up screen) and now have the option to join. The Subscriber will then have to tick a checkbox to confirm that they are authorised to represent the said party.

If an invitation has already been sent to the Subscriber, they will only see a ‘View Invitation’ option on the Existing Workspace pop up screen.

What happens when a Subscriber joins a Workspace?

Existing participants in the Workspace will be alerted with a banner across the Workspace Summary screen with details of the joining party. They will also receive an email notification.

What happens if a Subscriber joins the wrong Workspace?

The Subscriber will be responsible for removing themselves from the Workspace. The existing Subscribers in the Workspace may request that the party who erroneously joined to remove themselves. Failing which, as they do today, existing Subscribers in the Workspace will need to escalate the matter to PEXA Support.

What happens when a party remains in the Workspace despite requests to leave?

Once the matter is escalated to PEXA Support, PEXA will then request the party remove themselves from the Workspace, or face the possibility of suspension.

Note that the Participation Agreement has been updated to include the obligation for Subscribers to join Workspaces only if they have the authorisation to represent a said party to the transaction. Persistent failure to comply could be met with suspension.

Can Subscribers remove a Subscriber who has incorrectly joined the Workspace?

No. The Subscriber that has erroneously joined the Workspace will be responsible for removing themselves.

What is the Participation Agreement amendment and when did PEXA communicate the change?

The following changes were incorporated in the Participation Agreement in May. The revised agreement was shared with all Subscribers via the May Clicks and Mortar newsletter (and direct by email for those who have unsubscribed to the newsletter)

Inclusion below:

4.1 (f): to only enter an Electronic Workspace where the Subscriber is authorised to represent party to a Conveyancing Transaction involving the Land Title Reference, the subject of the Electronic Workspace;

What can a Subscriber see when they join the Workspace?

Subscribers will be able to see title details, which is available in a title search. As per today, when Subscribers join a Workspace upon acceptance of an invitation, they will be able to see any information, if already entered that a Subscriber in that role would be able to view.

Who can activate a newly created user in the status of ‘Pending’?

New users can only be activated by Subscriber Managers or Subscriber Administrators with a valid digital certificate.

Do I need a special user permission to activate a user that has a status of ‘Pending’?

No. As long as you are a Subscriber Manager or Subscriber Administrator with a valid digital certificate you can activate a user.

Why has this change been implemented?

To enhance the PEXA Subscriber’s security when creating a new user. It will also:
• Simplify and enhance the new user activation process
• Greatly improve the efficiency and time to activate a new user
• Provide visibility around who created and who activated the user

Who will experience this change?

All PEXA Subscribers.

Can I activate multiple users at once?

Yes. From the Manage Users view, you will be able to select multiple users that have a status of ‘Pending’. Then activate these together.

 

See step-by-step guide here.

Will I be able to see the user in the Manage Users view?

Yes, you will be able to see users that have a status of ‘Pending’ in the view. You will also be able to see who created the user and the date created.

How do I create a new user?

From the Manage Users view, you have an option to select Create New User, fill in the required details and then select Save and Close. At this point the user has been created.

See step-by-step guide here.

Can I create and activate a user at the same time?

Yes. From the Manage Users view, you have an option to select Create New User, fill in the required details and then select Save and Activate. At this point the user has been created.

Can I edit my own user profile with my digital certificate?

No, you can’t make changes to the permissions of your own user profile.

Will I be able to see activated users?

Yes, you will be able to see users that have a status of ‘Active’ in the view. You will also be able to see who activated the user and the date activated.

Will new PEXA users be notified?

Yes. New users will receive two notifications:
1. The first notification will advise them that they have been created as a PEXA user and are in a status of ‘Pending’.
2. The second notification will advise them that they have been activated as a PEXA user and can now use the platform.

What will happen if a PEXA user becomes inactive?

If a user does not login for a period of over 100 days, their access to PEXA will be suspended. Note that this is not a permanent suspension and Subscriber Managers can reactivate access via the 'Manage Users' section on the PEXA platform. To find out how to manage users, follow our guide on Community.

 

Why is it important to manage inactive users and PEXA user access?

It’s important that only users who need to utilise PEXA have access to the platform. If an employee has left your organisation, access to their PEXA account should be removed to prevent unwarranted access to the PEXA System.

 

Rule 7.3 of the Model Participation Rules requires that Subscribers keep user profiles up-to-date. In addition, paragraph 4.5.2 of PEXA's Security Policy requires Subscribers to perform regular checks of their User profiles and, where applicable, remove inactive User profiles.

Who can manage PEXA user access?

Your organisation’s PEXA Subscriber Manager(s) can remove, suspend or reactivate users. It's important to note that Subscriber Managers do not need a Digital Certificate to reactivate a suspended user.

Do I need to call PEXA Support to manage user access?

No, the PEXA Subscriber Manager(s) from your organisation is able to remove, suspend and reactivate users and does not need to call PEXA Support to complete any of these tasks. It's important to note that Subscriber Managers do not need a Digital Certificate to reactivate a suspended user.

As a PEXA Subscriber Manager, how do I manage PEXA user access?

To remove or suspend users from PEXA, visit your PEXA dashboard, click Administrator Tools and select Manage Users.

From here, locate the relevant user and use the action cog to select Edit. Update the user details or permissions as required.

If you are a Subscriber Manager and have had your access to PEXA temporarily suspended, you will need to call PEXA’s Support Centre to have your access reactivated.

To reactivate users, on the Manage Users screen:
 

1. Locate the relevant User and use the action cog to select Reactivate 

2. Enter the reason for Reactivating the User

3. Select Confirm.

 

You can find more information on managing PEXA user access by visiting our guide on Community.

What if a user requires PEXA access only sporadically?

If a user accesses PEXA infrequently, we kindly request that they login every 100 days to keep their profile ‘active’.

What if a user is on an extended period of leave, such as parental leave?

If a PEXA user is on an extended period of leave (such as parental leave), we recommend that you suspend their access to PEXA, and reactivate it upon their return.

What should I do when an employee leaves my business?

If an employee leaves your business, you should check that their PEXA user profile has been removed and terminate their Digital Certificate (note: you’ll need to contact PEXA directly for Digital Certificate termination).

 

Have a question regarding inactive users? Reply to this post and we’ll get back to you as soon as possible.

When will the bulk conversion happen?

Each Authorised Deposit-taking Institution (ADI) will be converted on the following dates: 

 

1 Sept.	ANZ
2 Sept.	CBA
8 Sept.	Westpac
9 Sept.	NAB
15, 16, 22 & 23 Sept.	ADIs (on list at bottom of this post)

why is bulk conversion of paper certificates of title happening?

As part of the transition to 100% digital, the major Financial Institutions have agreed with NSW LRS, to lead the way with the bulk conversion of all NSW paper certificates of title in which they are the first registered mortgagee, to electronic certificates of title (eCT). This is a significant step in the industry transformation to e-Conveyancing.

what is an electronic certificate of title (eCt)?

An eCT is a digital record of the land title that is administered by NSW LRS. Every eCT is assigned to a “CoRD Holder”.

What is cord?

CoRD is the Control of the Right to Deal. There are two key concepts that underlie current arrangements in NSW, visit NSW Land Registry Services for more information.

what is a cord holder?

A CoRD Holder is the party that has the right to deal on the title and must be a PEXA Subscriber/Member.

how do you know an ect exists and who controls it?

This is shown on a CT Inquiry or Land Title Search. 

 

The following text on a land title search indicates that an eCT exists and who controls it:

 

“NO CERTIFICATE OF TITLE HAS ISSUED FOR THE CURRENT EDITION OF THIS FOLIO.

 

CONTROL OF THE RIGHT TO DEAL IS HELD BY [mortgagee name].”

How do I complete a ct inquiry?

Navigate to the NSWLRS CT Inquiry page here.

what does this mean for nsw lawyers and conveyancers?

Where an eCT exists, a paper certificate of title will not be available at a paper settlement.

 

Please review the Circular issued by LRS about eCTs and lodgements of dealings here: http://rg-guidelines.nswlrs.com.au/__data/assets/pdf_file/0019/217216/2017-07_Electronic_Certificate...

how do i as a practitioner know before settlement if the ct is paper of electronic?

When representing a purchaser in a settlement, you can complete a CT Inquiry or Title Search prior to settlement to find out whether a CT is paper or electronic.

 

Similarly, vendor representatives should provide a printed copy of the CT Inquiry or title search evidencing the title is an eCT and showing a Consent has been lodged.

 

NOTE: Mortgagees on Title are required to Consent to the details of the transaction, including the incoming proprietor and incoming mortgagee details.  Practitioners should make these details available to Mortgagees on Title where there is an eCT and the settlement is proceeding in paper – this is not required for an online settlement.  You can provide these details using the NSW LRS template here.

What does ect mean for banks or panel lawyers acting on behalf of financial institutions?

When representing the Mortgage on Title, financial institutions (ADIs-only) and/or their panel lawyer representative must complete a CoRD Holder Consent on PEXA. A standalone Consent on PEXA can be completed for paper transactions.

WHAT is a cord holder consent?

A Consent is required for transactions where:

• The CT is electronic and is required for settlement and/or lodgement of dealings (for example refinance, transfer, discharge of mortgage, registration of plans etc). A Consent must be lodged for both paper dealings and PEXA dealings.
• In a PEXA transaction, a Consent must be lodged regardless of the title being paper or electronic.

Note: a Consent can only be lodged electronically. 
Currently in a paper transaction, a pCT must be handed over at settlement and lodged together with other documents for a dealing to be registered on title. The equivalent process where the certificate of title is electronic, is for the CoRD Holder to consent to the paper instrument or PEXA lodgement case via a Consent in PEXA prior to settlement and/or lodgement.  If the CoRD Holder is a party to the transaction, they would lodge a Transacting Party Consent.  If they are not part of the transaction, they would lodge a 3^rd party Consent.

How do i lodge a consent prior to settlement?

Visit this page on the e-Conveyancing Community to learn how. Note, a CoRD Holder Consent cannot be lodged in paper.

How can i confirm that a consent has been lodged in preparation for a paper settlement?

A free CT Inquiry is available on the NSW LRS website here, or by performing a Land Title Search through your Information Broker.

What do i do if there has been no consent lodged prior to settlement?

NSW LRS has provided a template to assist with requesting Consent from CoRD Holders here.

what happens if a paper title has remained undischarged?

A paper Discharge of an ADI Mortgage can be lodged if it is dated:
- before 1 March 2017 and is lodged as a standalone dealing.
- before 1 August 2017 and is lodged as part of a refinance transaction with an ADI.
- before 1 July 2018 and is lodged as part of a refinance transaction with a non-ADI.
- prior to the conversion of the paper CT and is lodged with dealing(s) other than mortgage(s).

In all cases above, the Discharge of Mortgage should be lodged with the paper CT.

as a non-major bank or panel lawyer, do i have to convert my client's pct?

The bulk conversion of paper certificates of title is for Authorised Deposit-taking Institutions. If your client is an ADI, you should familiarise yourself with details and contact your client to discuss. See question one for a full list of transitioning ADIs.

does this mean all transactions will have to go through pexa?

No, some transactions in paper will still occur. The CoRD Holder will be required to create and lodge a CoRD Holder Consent in PEXA, regardless of whether the transaction is electronic, or paper based.

Kind regards

Aoife

 *The above FAQs are adapted from NSW ORGs webpage on the transition with additional explanations of PEXA functionality.

Has the pexa system been hacked?

No, the PEXA system has not been hacked.

 

In this instance, an unknown party intercepted a change-in-password email sent from the PEXA platform which in turn allowed this person to access the Subscriber’s PEXA account. As a result, the destination account details in the settlement schedule were fraudulently changed.

what is pexa doing to make sure this doesn't happen again?

While the PEXA platform itself was not compromised, PEXA is working closely with all parties, including the relevant authorities to assist in every possible way.

 

The PEXA security team is currently undertaking detailed monitoring of all Workspace* activity, checking for similar scenarios where passwords have been re-set in close succession among other things which may be considered ‘unusual’ behaviour.

 

PEXA is also in the process of adding additional security measures. Click here to learn more.

 

Consumer Guarantee

 

PEXA will be introducing a new consumer guarantee for transactions conducted on the platform. We anticipate this guarantee will go above and beyond any guarantee available in the paper-based settlement process, and will provide greater safeguards to consumers whose conveyancer or lawyer uses PEXA. Further details will be made available shortly.

 

how can we be assured that the pexa system is secure?

To date, over 1.2 million transactions have been successfully completed on PEXA. Instances of fraud and attempts of fraud have been incredibly low, in fact much lower than the paper process.

 

The PEXA system’s security is aligned with international standards. PEXA continues to comply with with the Model Operating Requirements as set by the e-conveyancing regulator, ARNECC.

 

An independent expert review, currently conducted by Ernst & Young (EY), is completed annually to ensure alignment with these standards. PEXA has consistently complied with these standards.

 

Further to this, confidence in PEXA’s system security has been demonstrated by the Reserve Bank of Australia (RBA), Land Titles Office, State Revenue Offices and many software providers (among others) by the successful integration with these parties.

How does pexa protect its subscribers online?

PEXA protects its Subscribers in several ways. Firstly, the proper use of digital certificates mitigates the risk of fraud once the Signer has undertaken the appropriate checks and balances prior to signing to ensure accuracy of the information.

 

Digital Certificates allow the electronic signing of documents in PEXA on behalf of clients thereby eliminating the need to print and pen-sign physical documents.

 

A digital certificate is a PEXA Subscriber’s unique identity online. Anyone signing on the PEXA platform must use one for security purposes.

 

PEXA also uses encryption mechanisms and ensures all Subscribers agree to PEXA’s security policy to ensure their systems meet a certain standard of security when using the PEXA system.

 

Visit PEXA’s security webpage to learn more.

What advice does pexa have for its members to stay cyber-secure?

We urge all our members to take the necessary steps to reduce the risk of fraud. This includes, among others, verbally confirming bank account details with clients, not using free public Wi-Fi, keeping security patches up-to-date and importantly, checking payment directions immediately prior to signing.

 

Visit PEXA’s security webpage to learn more. 

WHAT Instruments are moving online from 1 May December 2018?

- All combinations of transfer transactions in PEXA
- Standalone transfers
- Standalone caveats and withdrawal of caveats

Please see Landgate Bulletin No. 289 for more information.

WILL WE BE ABLE TO LODGE DOCUMENTS OUTSIDE OF LANDGATE'S BUSINESS HOURS?

*No. Documents lodged in paper and electronically through PEXA will only be accepted during normal business hours.

WHEN WILL LAND HELD IN CAPACITY OF EXECUTOR/ADMIN AND APPLICATIONS BY SURVIVOR BE POSSIBLE ONLINE?

PEXA is currently working with Landgate and the Office of State Revenue to introduce these transactions into a future release and will provide further updates as they become available.

WILL BANKWEST TRUST ACCOUNTS BE INTEGRATED BY 1 MAY December?

David Morrissey, Bankwest’s Executive Manager of Digital Operations Strategy, recently announced the availability of Bankwest Trust Accounts to all customers. Click here to read the entire post and for more information.

Will a "free text" field be available on caveats by 1 maY December on PEXA? 

No, a free text field for caveats will not be available by 1 May. 

 

IF NOT, WILL LANDGATE ACCEPT CAVEATS OVER THE COUNTER THAT DON'T "FIT" INTO THE OPTIONS ON PEXA?

Landgate has advised that they will accept these caveats over the counter.

How do I renew an expiring Digital Certificate?

Only Subscriber Managers/Administrators with an active Digital Certificate can renew Digital Certificates. Subscriber Managers/Administrators should access PEXAplus to view and action any upcoming expiries. We recommend you use Google Chrome for optimum performance. On submitting the renewal form, the Subscriber Manager/Administrator will be prompted to sign using their Digital Certificate. If you are not a Subscriber Manager/Administrator and have been informed that your Digital Certificate is expiring, you should get in touch with your Subscriber Manager/Administrator to submit a renewal form on your behalf.

 

Does it cost to renew a Digital Certificate?

Digital Certificate renewals will incur a renewal fee. Fees associated with the renewal of Digital Certificates will be direct debited from your nominated fee paying account. Details of the renewal fees can be found in the Digital Signing Certificate Pricing Guide. 

 

How do I find out who my Subscriber Manager/Administrator is?

If you are unsure who the Subscriber Manager/Administrator is for your organisation (some organisations have more than one) and you are unable to find out via your colleagues, please contact our Support Centre on 1300 084 515.

Why can’t I see any Digital Certificates that require renewal WITHIN PEXAPLUS?

All Subscriber Managers/Administrators within an organisation are notified of the need to action upcoming renewals. If you log on to PEXAplus and no renewals are displayed, it is likely that another Subscriber Manager/Administrator within your organisation has already actioned the renewals.

How do I change the name or email for a Digital Certificate renewal?

Changes to the name and/or email address of a Digital Certificate holder are not currently supported by the online renewal process. If a Digital Certificate holder’s name and/or email address has changed, please contact your PEXA Direct Specialist who will arrange an appointment with the authorised signatories to execute a paper form. If you do not have a PEXA Direct Specialist, please contact our Support team on 1300 084 515.

Note: if a user’s email address has changed, they will need to create a new corresponding user account in PEXA so their PEXA login email matches the email address associated with their new Digital Certificate.

How do I begin signing with my new Digital Certificate?

Hard tokens

These Digital Certificates are stored on a USB token. To sign in a PEXA workspace, you simply need to insert the USB into your computer and enter your unique PIN when prompted. You’ll receive a separate letter containing your Digital Certificate PIN. For instructions on how to change your PIN, visit the e-Conveyancing Community at pexa.com.au/digicertpin

Soft tokens

These Digital Certificates are installed and stored on the Certificate holder’s machine. To sign in a PEXA workspace, PEXA will automatically locate the Soft Certificate on the user’s machine and prompt them to enter their unique PIN when signing. If you use a soft token, you’ll receive a CD that contains the User’s Soft Digital Certificate which needs to be inserted into a CD drive to run the Certificate installation process. A separate letter containing your Digital Certificate PIN will be received a day or so later. For instructions on how to change your PIN, visit the e-Conveyancing Community at pexa.com.au/digicertpin

Do I need to install software for my new Digital Certificate?

If you have already installed the software required to use a Digital Certificate on your current device, no further set up is needed. You will only need to install software if you would like to sign with your Digital Certificate on a new device. Installation instructions can be found at pexa.com.au/digicert

What should I do with my old Digital Certificate?

Your old Digital Certificate will remain valid up until the day of its expiry. Until this date, both your old and new Digital Certificates will be valid. It is your responsibility to destroy the chip within the USB shell of your old Digital Certificate. You should only do this once you have tested that your new Digital Certificate works.

How do I find out the expiry date of my old Digital Certificate?

If you are unsure of the date, contact our Support Centre on 1300 084 515.

How do I destroy my old Digital Certificate?

 1. Open the USB shell to a 90° angle and push the small white lever on the reverse side to release the chip

2. Remove the chip from the USB shell

3. Cut the chip into multiple pieces using scissors

 

 

 

1. What is PEXA Projects?

PEXA Projects is new functionality that allows lawyers and conveyancers to manage large scale projects (i.e. multi-lot developments) and efficiently complete the online property exchange process. At no extra cost, PEXA Projects provides additional features including a single project overview dashboard and the ability to complete bulk actions across your PEXA Workspaces. Together with the many benefits of settling online, these help streamline the processes involved in the coordination and execution of settlements.

2. What are the benefits of PEXA Projects?

• Reduce the administrative time and effort required for coordinating settlement of off-the-plan sales.
• Remove the need to rekey information from practice management software into PEXA.
• Source the data required to create PEXA Workspaces and populate documents for settlement from your existing practice management process.
• Upload data via a structured CSV file at the click of a button.
• Automatically create and populate all Workspaces within a development project - enabling the completion of conveyancing matters online with speed, accuracy and efficiency.
• View the status of all transactions within a development from a single consolidated project view.
• Make bulk updates to multiple PEXA Workspaces throughout the settlement process.
• Minimise the amount of paper required in the property exchange process leading to a more environmentally friendly workflow.

3. Can I see a demonstration?

A demonstration video which explains the benefits of the functionality can be found here. If you'd like someone to come to your office to demonstrate how PEXA Projects works, please contact your PEXA Direct/Virtual Specialist. If you don't have a specialist, email us at pexaprojects@pexa.com.au.

4. How do I upload my data to PEXA Projects?

PEXA can assist you with converting your current data exports into structured CSV files for upload to PEXA Projects. For assistance with converting your files into the required format, please email pexaprojects@pexa.com.au.

5. What happens once I’ve uploaded my data to PEXA Projects?

When you upload a file into PEXA Projects, the data is used to:

• Automatically create the Workspaces within your project
• Add the details of the purchaser party to the Workspace
• Pre-populate the transfer and other supporting documents with key information
• Populate the Child Title Reference into the Workspaces once known

6. How do I get started?

Contact your PEXA Direct/Virtual Specialist to find out more about how we can assist you with your upcoming development projects. If you don't have a specialist, email us at pexaprojects@pexa.com.au.

If you have any enquiries that aren't answered in this post, please comment below and we'll add your question.

1. Why is this change happening?

Over the past four years, conveyancing has digitally transformed. With five states now completing property transactions electronically, industry recognises the importance of national alignment to fully realise the efficiencies that a digital settlement network provides.  As a result, the next phase of national alignment will take place in Western Australia and South Australia with an alteration to the Discharge of Mortgage lodgment fee procedure.

2. What's happening?

Effective 1 December 2017, there’ll be an alteration to the Discharge of Mortgage lodgement fee procedure in Western Australia and South Australia.

3. What's changing?

In a PEXA settlement, the Incoming Mortgagee will provide the amount for this statutory fee, rather than the Mortgagee on Title or Proprietor on Title. Where there is no Incoming Mortgagee, the Incoming Proprietor will provide the amount.

It is still incumbent upon the seller to provide clear title. The seller must therefore allow a reduction on the balance of purchase monies. All states that complete property transactions online will then be aligned, reducing confusion and improving the digital settlement process for the entire network.

To maintain consistency across all scenarios, industry has decided to replicate this change for paper settlements.

All lenders who have an active presence in Western Australia and/or South Australia are working towards operationalising this change in readiness for the switch-over on 1 December 2017.

4. What do i need to know? 

• The buyer’s representative ensures that the seller’s representative has allowed for the Discharge of Mortgage Fee in the adjustments.
• The Lodgement Fee for the Discharge of Mortgage is paid from the pool of source funds (e.g. loan proceeds or purchaser’s equity).
• All parties can see the full loan breakdown and destination amounts for stamp duty and Lodgement Fees.
• The breakdown to client is supported by the Settlement Completion Record.
• This national solution removes the need for additional source line items and confusion when dealing with different banks.
• Financial Institutions and their representatives will need to review consumer contracts, processes and systems to ensure they can adequately support the change to existing settlement processes by 1 December 2017.

5. Does this change also affect paper settlements?

Yes. To maintain consistency across all scenarios, industry has decided to replicate this change for paper settlements.

6. SAMPLE STATEMENT OF ADJUSTMENTS

We have included sample Statement of Adjustments for WA and SA below. See PDF attachment to bottom or right of this post for further examples.

WA Statement of Adjustments

 

SA Statement of Adjustments

SA Settlement Statement

 

7. WA: Will the Joint Form of General Conditions (JFGC) be revised to reflect this change?

The Joint Form of General Conditions already confirms that the vendor is obligated to give clear title, which remains the case. The change is in process, not to contractual terms. The process now is to debit the amount from the vendor pre-settlement, rather than have the vendor pay at settlement. Questions regarding the Joint Form of General Conditions should be directed to REIWA and Law Society WA as owners of the document.

If you have any enquiries about this change please reply to this post or e-mail us at: Angella.Chick@pexa.com.au (WA) / Daniel.Roesler@pexa.com.au (SA).