Registration of Enduring Power of Attorney for PEXA settlement QLD

[Liza]

Hi,

I found a previous post advising that provided all Participation Rules are followed, the POA (EPA) is not required to be registered with the QLD Titles Registry for settlement to proceed.

This post was some time ago, is there someone that can confirm.

Thank you in advance.

[Morvanna]

Hi @Liza,

Thank you for your query about if a POA needs to be registered with QLD Land Titles.   You should always speak with Land Titles to confirm what their requirements are regarding same.   

This Does a Power of Attorney in QLD need to be registered as part of the VOI/CAF process?  may also be of assistance to you as another member, @stevenmorgan, has provided his insights regarding same based on a written response from QLD Land Titles.

[Onika]

Hi Morvanna,  I understand you are our new Queensland PEXA liaison officer.  There seems to be a bit of a confusion out there that if a person is signing a Client Authorisation under an Enduring Power of Attorney there is no need to register it with Titles Queensland if using PEXA.  I believe this may be because there is no need to enter the EPA registration number however my understanding of s132 of the Land Title Act 1994 is that any instrument (includes electronic conveyancing document), that is executed under authority of a power of attorney may be registered only if the power of attorney is registered.  Could you please advise if PEXA has addressed this with Titles Queensland

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@Morvanna wrote:

Hi @Liza,

Thank you for your query about if a POA needs to be registered with QLD Land Titles.   You should always speak with Land Titles to confirm what their requirements are regarding same.   

This Community Link - Does a Power of Attorney in QLD need to be registered as part of the VOI/CAF proces... may also be of assistance to you as another member, @stevenmorgan, has provided his insights regarding same based on a written response from QLD Land Titles.

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as the link you mention in your post cannot be accessed and it would be great to have this resolved.

Kind Regards,

Onika

[Morvanna]

Hi @Onika 

I have sent you an email regarding same.    To access the link you will need to ensure you are registered for the QLD Community page.

Regards

Morvanna