What can I do in PEXA? | Help Centre

Digital services providing improved process efficiency and enhanced user experience are becoming the norm in modern society.

Completing conveyancing transactions and lodgements online through PEXA will help you streamline your business, drive greater client satisfaction and reduce the margin for error that could delay settlement.

On this page, you’ll learn which Land Registry documents are currently available to be completed electronically through PEXA in each state. The majority of property transactions that you are likely to perform in your conveyancing practice are already available. These include:

• Transfers
• Mortgages and discharge of mortgages
• Caveats and withdrawal of caveats
• Encumbrances and discharge of encumbrances 
• Priority Notices
• Transmissions
• Transmission Direct to Beneficiary
• Survivorships
• Leases
• Financial settlement.

The below table outlines what is already available across Victoria, New South Wales, Queensland, Western Australia and South Australia. 

“Exclusions to electronic lodgement may apply. Please contact your Land Registry and State Revenue Office to confirm eligibility”.

* These documents are auto-generated by the creation of another PEXA document. Please see the help article for the document type for more details.

- Transfers

On this page, you’ll learn which States allow Transfers to be completed electronically through PEXA.

Learn How to do a transfer in PEXA for your State

• A transfer does not include Transmission or Survivorship applications (except for Victoria), mortgagees exercising power of sale, transfer of mortgage, or transfer for sale of rates etc
• Supporting documents include Notice of Acquisition, Notice of Sale, Form 24A, Form 24B and Form 25.
• Transfer must include all of the land described in a title.
• All registered proprietors must be named as transferors.
• All titles included in the transfer must have the same transferors.
• Name of transferor must be the same or justified to be the same as the registered proprietor.
• Transfer must have one consideration type. 
  • Consideration type refers to the type of consideration to be expressed in the transfer. Example 'Consideration Types' include: monetary, gift, change in manner of holding. 
• The jurisdictional 'Online Duties' system (or equivalent) must be used to assess the stamp duty to be paid on the transfer. The Revenue Office transaction criteria can be found here:
  • VIC 
  • NSW 
  • QLD 
  • WA 
  • SA 

Victoria

• Transfer must not be a T2 transfer.
  Note: A PEXA transfer allows for a Covenant that has been registered with Land Victoria as an MCP to be referenced in the Transfer document).
• Transfer must not be a T3 transfer.
• Transfer must not include a Transferor who is also stated as a Transferee where stamp duty is applicable (i.e. monetary transfers where an existing proprietor on title is remaining on title are currently out of scope).

Queensland

• Transfer must have a Consideration Type of Monetary Consideration and must be for Residential Land (or land on which a residence is to be constructed) where the purchase was initiated by a Contract of Sale.

Western Australia

• Transfer must have a consideration type that is one of the following: ‘Monetary’, ‘Desire to make a gift’ or ‘Natural Love and Affection’.
• Transfer must be pursuant to a contract of sale or a written agreement. 

South Australia

• A RevNet user must create an eConveyancing Batch in RevNet. This type of batch can only have individual conveyance of land documents or related Section 67 documents.
• Transfers may be monetary, non-monetary or related parties

- Caveats

On this page, you’ll learn which States allow you to complete Caveats electronically through PEXA. 

Learn How to create a Caveat 

• Caveat must affect all of the land in a title.
• All caveators named in the caveat must be represented by the same Subscriber.

Western Australia

• All registered proprietors must be affected by the caveat.

• A withdrawal of caveat must not include a removal of caveat by a party that is not a caveator.
• Withdrawal of caveat must withdraw the caveat from all of the land in a title.
• All caveators named in the withdrawal of caveat must be represented by the same Subscriber.
• Name of caveator represented must be the same or justified to be the same as the caveator on title.

- Mortgage

On this page, you’ll learn which States allow you to complete Mortgages electronically through PEXA.

• Mortgage must be over all of the land in a title.
• All registered proprietors must be mortgagors.
• All titles included in the mortgage must have the same registered proprietors.
• All mortgagees named in the mortgage must be represented by the same Subscriber.

Victoria:

• Name of mortgagor must be the same or justified to be the same as the registered proprietor.

• Discharge of mortgage must discharge the whole mortgage from all of the land in a title.
• Discharge of mortgage must discharge all of the mortgagees in the mortgage.
• All mortgagees named in the discharge of mortgage must be represented by the same Subscriber.
• Name of mortgagee represented must be the same or justified to be the same as the mortgagee on title. 

- Consent and Nomination

On this page, you’ll learn which States allow Consents and Nominations to be lodged electronically through PEXA.

VIC

• Nomination type must be one of ‘Convert pCT to eCT and nominate to a PEXA lodgement case’, ‘Nominate an eCT to a lodgement case’ or ‘Nominate an eCT to a paper instrument’.

NSW

• Consent type must be one of ‘Transacting Party Consent’, Third Party Consent’ or ‘Conversion to NO-CT’.
• Subscriber must be the CoRD Holder or the CoRD Holder’s representative.

Note: The Subscriber withdrawing must be CT Controller.

- Financial Settlement

On this page, you’ll learn which States you can complete Financial Settlements electronically through PEXA. 

• Disbursement of funds can be made to any Australian bank account as part of a refinance or transfer.
• Source funding can be provided from a practitioner's trust account, if the trust account is held at a financial institution that can accept payment instructions from PEXA and has been registered in the Subscriber Profile of the practitioner.
• Source funding for purchasers can also be provided from the PEXA Source Account.
• Linked simultaneous settlements are available where up to 10 Workspaces can be linked
• Linked simultaneous lodgements are available where up to 6 Workspaces can be linked

PEXA Key Terms

This page explains some of the key terms you’ll need to know when completing electronic transactions in PEXA.

A

Active Jurisdiction

The active jurisdiction is defined as the jurisdiction(s) available to complete property transactions online, as set out in the Service Charter. These transactions are completed on the Electronic Lodgement Network (ELN), currently operated by PEXA. The active jurisdiction for an electronic transaction is determined by the geographical location of the land identified in the Certificate of Title.

 PEXA, is currently live in five active jurisdictions: Victoria, New South Wales, Queensland, South Australia and Western Australia.

Refer to the Participation Agreement for further information.

Authorisation/Authorised

This is defined as the provision of approval to complete an activity within PEXA, for example providing authorisation for the movement of funds to enable financial settlement.

 In order to provide authorisation, PEXA users must have a Digital Certificate, and are required to digitally sign using their Digital Certificate.

Refer to the Participation Agreement for further information.

Authorised Signatory

An authorised signatory, is a person(s) who has been nominated by their organisation to digitally sign actions in PEXA, on behalf of their organisation.

For example, a trust account authorised signatory can confirm movement of funds from the organisations’ Trust Account in order to affect financial settlement.

Australian Registrars' National Electronic Conveyancing Council (ARNECC)

The body established to facilitate the implementation and ongoing management of the regulatory framework for National e-Conveyancing.

 ARNECC developed and maintain the Model Participation Rules (MPR) and the Model Operating Rules (MOR), which outline the governance and compliance regulations that apply to operators and users of the Electronic Lodgement Network (ELN).

C

Caveator on Title

Caveator on Title is a role in PEXA which refers to the represented party who currently has a Caveat registered on the Certificate of Title.

Client Authorisation

Client Authorisation is defined as consent provided by the client for a PEXA Member to transact on their behalf in PEXA (as outlined in the Model Participation Rules). In order for a PEXA Member to complete conveyancing matters electronically on behalf of a buyer or seller client, authorisation must be provided. Client Authorisation is not required for Caveats, Priority/Settlement Notices, Extensions of Priority Notices or Withdrawals of Priority/Settlement Notices.
Client Authorisation is obtained using the Client Authorisation Form.

Refer to the Electronic Conveyancing National Law for further information.

Control of the Right to Deal (CoRD) (NSW Only)

In New South Wales, Control of the Right to Deal (CoRD) refers to the right of a party to control the registration of most Land Registry instruments that could affect ownership of the estate or other registered interests in the estate.

CoRD can be held by the following parties:

• If there is a registered mortgage, CoRD could be held by the party who holds the mortgage
• If there a charge against the title, CoRD could be held by the party who holds the charge
• If there is no registered mortgage, CoRD is held by the party listed on the title (registered proprietor)

Consent (NSW Only)

In New South Wales, for a transaction to be successfully lodged the CoRD Holder must provide consent for the transaction. To provide consent, the CoRD Holder must lodge an authorisation document, known as a Consent document, with the New South Wales Land Registry.

E

Electronic Certificate of Title

An eCT is a digital version of a Land Title. eCT’s support the framework developed to enable successful completion of online conveyancing transactions.

Electronic Lodgement Network (ELN)

The ELN refers to the framework developed to support the electronic lodgement of registry instruments or other electronic documents for the purposes of land titles legislation, currently operated by PEXA.

Refer to the Electronic Conveyancing National Law for further information.

I

Incoming Caveator

Incoming Caveator is a role in PEXA, which is used to describe the represented party who intends to lodge a Caveat on a Certificate of Title.

Incoming Mortgagee

Incoming Mortgagee is a role in PEXA, which is used to describe the party (or the represented party) who intends to lodge and register a new mortgage on a Certificate of Title.

Incoming Proprietor

Incoming Proprietor is a role in PEXA, which is used to describe the represented party who intends to be recorded on the Certificate of Title as the new vendor/proprietor of the property. This party is commonly referred to as the purchaser.

L

Lodgement Instructions

The lodgement instructions are an automatically generated electronic form which outlines the information required by the Registrar, for a registry instrument(s) to be successfully lodged with a Land Registry.

Refer to the Model Participation Rules for further information.

Lodgement Verification

Lodgement verification is an automatic check which is completed between PEXA and the Land Registry, to ensure that the required registry instrument(s) can be successfully lodged with the Land Registry.

Refer to the Model Operating Requirements for further information.

M

Model Participation Rules (MPR)

The MPR is a document that outlines the regulatory requirements of PEXA Members. These rules are determined by the Australian Registrars’ National Electronic Conveyancing Council (ARNECC) on behalf of the Registrars’.

Refer to the Model Participation Rules for further information.

Mortgagee on Title

Mortgagee on Title is a role in PEXA, which is used to describe the party (or the represented party) who currently has a registered mortgage on a Certificate of Title.

P

Proprietor on Title

Proprietor on Title is a role in PEXA, which is used to describe the represented party who is currently named as the owner of the property. This party is commonly referred to as the Vendor.

PEXA Member

A Member is the term used to refer to an entity or person who is authorised under a Participation Agreement to use the Electronic Lodgement Network (ELN) to complete e-Conveyancing transactions on behalf of another person or themselves. Members are often referred to as Subscribers.

R

Registry Information Supply (RIS)

Registry Information Supply (RIS), refers to the Land Registry service where they supply relevant land title information. Once supplied, Land title information is displayed in PEXA, to assist with the successful completion of conveyancing transactions.

Registration Information Supply (RIS) is automatically initiated when a PEXA Workspace is created as well as when a land title is added to an existing PEXA workspace.

Refer to the Model Participation Rules for further information.

Responsible Subscriber

Responsible Subscriber refers to the Workspace participant, who will incur the lodgement fees related to the e-Conveyancing transaction completed. The Responsible Subscriber is also responsible for managing the resolution of any requisitions issued by the Registrar. In paper transactions, they are commonly referred to as the lodging party.

Refer to the Model Participation Rules for further information.

S

Subscriber

A Subscriber is the term used to refer to an entity or person who is authorised under a Participation Agreement to use the Electronic Lodgement Network (ELN) to complete e-Conveyancing transactions on behalf of another person or themselves. Subscribers are often referred to as PEXA Members.

Refer to the Electronic Conveyancing National Law for further information.

Subscriber Administrator / Manager

This term describes a person(s) within a PEXA Member organisation, who has access to complete administration tasks on behalf of their organisation, these include:

• managing workgroups,
• creating and maintaining user details; and
• assisting users as required.

As well as being able to complete administrative functions, a Subscriber Manager is also able to update information relevant to the organisation in the subscriber profile.

Refer to the Participation Agreement or the Model Participation Rules for further information.

Subscriber Profile

A subscriber profile is your account profile within the PEXA platform. Your subscriber profile includes information about your organisation including, registered account details and user permissions.

Refer to the Participation Agreement for further information.

T

Title Activity Check

A TAC is automatically completed to determine whether any activity has been recorded against the title. A positive TAC indicates that activity has been recorded against the title.

Refer to the Model Participation Rules for further information.

U

User

A person(s) within a PEXA Member organisation who is authorised to access and use the Electronic Lodgement Network (ELN) e.g. PEXA. A user can be assigned certain permissions, for example, the permission to sign land registry documents.

Refer to the Model Participation Rules for further information.

V

Verification of Identity

VOI refers to a process by which a person(s) identity can be proven. VOI is completed as defined in the Model Participation Rules (MPR). To transact on behalf of your clients’, you are required to complete a VOI for each client that you represent in PEXA.

Refer to the Model Participation Rules for further information.

W

Workspace

The term Workspace, refers to a shared online area within PEXA, where participants can communicate with each other and complete tasks in preparation for an electronic property transaction.

Refer to the Model Participation Rules for further information

Workgroup

A workgroup, refers to a team of users assigned to complete tasks in PEXA. Creating a workgroup is particularly beneficial for large organisations which include several office locations or multiple business units.

Refer to the Model Operating Requirements for further information.

Workspace Roles | Help Centre

Overview

Roles help determine your responsibility in a Workspace and the tasks and documents you can create and sign.
 

PEXA Role examples:

• Incoming Mortgagee:  You are creating the Workspace to request the transfer of a mortgage and the associated titles from another financial institution.
• Mortgagee on Title: You possess the title based on holding a mortgage.
• Consentor (NSW): You are giving the permission to process the transaction as you are the controlling party of the title.
• CT Controller (VIC): You are giving the permission to process the transaction as you are the controlling party of the title.
• Incoming Proprietor: You are representing the purchaser in a transfer transaction.
• Proprietor on Title: You are representing the vendor in a transfer transaction.
• Incoming Caveator: You have grounds to register a caveat on the title(s).
• Caveator on Title: You have grounds to withdraw a registered caveat on the title(s).
• Applicant (VIC/NSW/QLD): You are lodging a Priority Notice for a paper transaction(s).
• Encumbrancee on Title (SA): You are representing the party with an encumbrance registered on the title(s).
• Incoming Encumbrancee (SA): You are representing the party intending to register and encumbrance on the title(s).

Role Assignment

When you first create a Workspace, you assign yourself a role. Alternatively, if you accept an invitation to the Workspace, the role specified on the invitation is your current role.

For Example - Refinance: A Subscriber, Flinders Bank, wishes to initiate a mortgage refinance for a new customer that has walked into their city branch. Flinders Bank creates a Workspace in PEXA with the role of Incoming Mortgagee. In that role, PEXA automatically assigns tasks to create a new National Mortgage document. The Incoming Mortgagee must then invite the bank who holds the current mortgage to the Workspace, Blue Bank. Blue Bank is invited as Mortgagee on Title and asked to create a discharge of their mortgage.

Steps

View Roles Assigned to a Workspace

Your Role assigned to a particular Workspace is displayed under Workspace Settings in the left navigation panel of your Workspace.

Add or Edit Roles Assigned to a Workspace

You can change or add a Role from the Workspace Settings screen. 

1. Select Workspace Settings from the left navigation.
2. From the Role Settings section, select Edit.
   
3. Choose your new Role from the Role drop down list.
4. Select Add Role.
5. From the Actions cog menu, determine if this Role will be your Default role.

Result: Your new Role will display in the Role Settings section of the Workspace Settings screen. If this role is your default role, it will display under Workspace Settings in the left navigation panel. 

Switching between two roles

If you represent both the vendor and pruchaser in the transaction, you can use the Switch function to easily switch between roles to successfully complete the tasks assigned in the Workspace. Or refer to the article for more information about representing multiple parties.

Notes:

• The Switch functionality is not available to Financial Institutions.
• The Switch functionality is available only if you have defined two roles in the Workspace. If you have more than two roles, or if you have only one role in the Workspace then this functionality is not available.

1. Add an additional role to the Worksapce.
   The Switch role button is enabled in the Workspace.
2. Click the Switch button to toggle between two Workspace roles.
   The Switch button is enabled only if there are two roles defined in the Workspace. If there are more than two roles defined in the Workspace, please change roles instead.

Changing an incorrect role

If you have been assigned an incorrect role in a Workspace, follow the steps below to change to the correct role. 

1. Navigate to Workspace Settings > Role Settings.
2. Under Current Role, select the correct role.
3. Save the changes.

Delete a role

1. Navigate to Workspace Settings > Role Settings.
2. Select Cog > Remove to remove a Workspace role.
3. Save the changes.

Create a Workspace | Help Centre

A Workspace is a shared area in PEXA where Subscribers prepare property instruments and settlement documents for a property exchange transaction to effect lodgement and or settlement. A new Workspace is created for each new property exchange and multiple land titles can be added to the one Workspace. Multiple titles may include an Apartment with a separate car space title.

Information for a New Workspace

To create the Workspace, the following key details are required:

• Jurisdiction: The jurisdiction will default based on your user preferences and is the State in which the land title transaction belongs.
• Representative Role: This is your role in the Workspace. Refer to the article on Workspace Roles for more details.
• Land Title Reference(s): The properties you wish to transact on.
• Subscriber Workspace Reference: This is your identifier for this Workspace. This could be a reference used in your internal systems or an internal ID to help track the Workspace.
• Financial settlement required?: If financial settlement is required, you will specify the date and time for the settlement.
• Workgroup: The team of users assigned responsibility for the completion of tasks within the Workspace.

Create a Workspace

1. Click Create New Workspace on the left navigation panel. 
   
2. Confirm the Jurisdiction for the Workspace is correct. 
   Note: Your jurisdiction defaults from your user preference settings. 
3. Select a Representative role. The Representative Role will be your role for this Workspace.
4. Enter the Land title reference and click Validate.
   Note:
   • The Land Title Reference is the identifier for the land title your are processing in the Workspace. 
   • All land titles entered into a Workspace are validated with the relevant Land Registry Office. 
   • If the Land Title reference is valid, Land Title address details are automatically populated in the Titles List, except in Victoria where the details are returned when the Workspace is created. 
5. Enter the Subscriber Workspace Reference. This is an internal reference such as your customer references number or matter number, to help identify the Workspace at a later date. The reference can come from an internal software system, internal record keeping or could be a new reference format. This field allows for any identifier to be entered. For example: “RM:2035467_34”.
6. If the Workspace contains Financial Settlement: Select Yes to Financial Settlement Required? Enter a Financial settlement date. Enter a Financial settlement time.
7. Mark all land title references in workspace as parent? Defaults to No.
   An example whereby this question may be answered as Yes is if a developer is subdividing a ‘parent’ property into ‘child’ titles. The parent title is used as a placeholder in the workspace until completion of the development when further titles are assigned.
8. Request land title data? Defaults to Now.
   This ensures the land title data is returned immediately from the Land Registry. Select Later if your transaction does not require Land Registry data at this point in time.
9. Select a Workgroup. The Workgroup is the team you wish to assign this new Workspace to. Every Workspace requires at least one Workgroup. 
10. Select Save. 

Result: The Workspace Summary Screen is displayed, and the Participants can now be added to participate in the property transaction.

How to Withdraw from a Workspace? | Help Centre

If you need to withdraw from or abandon a Workspace for any reason, you can do so easily with PEXA. On this page, you’ll learn how to withdraw from a Workspace.

For instance, you may wish to withdraw from a Workspace that was created in error, or the transaction has moved to the paper world outside of PEXA.

To withdraw from a Workspace

Your Dashboard

1. Click View to open the selected Workspace. 
2. Navigate to the Participants screen.
3. Click Withdraw from Workspace.
   Note:
   • The Workspace must be in a status of In Preparation or Prepared.
   • When withdrawing from the Workspace with other participants, we recommend you first send a message via the Conversations screen to the other participants informing them of your reasons. 
4. When you are the only participant in the workspace, a callout advises you that the workspace will be abandoned. Click Confirm. 

How to Create a Caveat (All States) | Help Centre

Last updated: 5 September 2019
Jurisdiction: ALL
Additional Resources: Help Card

Overview

The PEXA System integrates with the Land Registry so that a caveat can be lodged against a title electronically, in real-time. PEXA also supports the withdrawal of a caveat.

Video & Interactive Tutorial

Click "I'd like to try it myself"! Or to launch the tutorial in a new screen, click here.  

Steps

Lodging a caveat using PEXA is quick and easy. The steps are as follows:

1. Create the Workspace in PEXA and add the relevant land title.
2. Add the party(s) to the Workspace.
3. Create the caveat.
4. Sign the document electronically.
5. Lodge the document in real-time.

Find out more about Caveats - Prohibitions and Claims. 

For step by step instructions on how to Create a Caveat in your State, see below:

• Create a Caveat - NSW
• Create a Caveat - QLD
• Create a Caveat - VIC
• Create a Caveat - WA
• Create a Caveat - SA

@Lightsaber has also built the Create and Withdraw Caveat process as a flowchart which can be downloaded as a PDF! Access it here. 

Completing the Getting Started with PEXA program? See whats next.

Now that you've mastered creating a Caveat, go to the next page, Withdrawing a Caveat, to learn about withdrawing a caveat through PEXA.

Withdraw a Caveat | Help Centre

Last updated: 5 September 2019
Jurisdiction: ALL
Additional Resources: Help Card

Overview

A caveat can be placed on a land title electronically using a new Caveat Document in a PEXA Workspace. A caveat can also be withdrawn, when it is no longer required, using the Withdrawal of Caveat document.

Note: A printable Caveat and Withdrawal of Caveat help card can be found at the bottom of this article - PEXA Caveat Help Card. 

Video

Click "I'd like to try it myself"! Or to launch the tutorial in a new screen, click here. 

The below depicts the steps involved in withdrawing a caveat.

It’s important to note that the PEXA role is Caveator on Title for the withdrawal of a caveat.

Watch a video or follow the step by step instructions below

How to instructions begin at 50 secs.

Steps

5 steps to withdraw a caveat

1. Create a new Workspace, in the role of Caveator on Title.
2. Add the applicable land title(s) to the Workspace and review the Land Titles screen for all caveat details.
3. Ensure you represent the correct party using the Participants screen.
4. Navigate to the Documents screen and add a Withdraw Caveat document.
5. Sign and lodge the documents with your land registry.

1. Create the Workspace

The representative role is Caveator on Title.

2. Review the Land Title information

Validate that the information returned from the Land Registry is correct and that the caveat you wish to withdraw is registered on the land title.

3. Review Party Details

From the Participant screen, you will need to Edit the Unrepresented party to confirm that you are acting for the client. This is the person who is withdrawing the caveat. Select Edit Party beside the party you represent, enter in relevant details and select Save. Complete this task for each client you represent in the Withdrawal of Caveat. 

4. Create the Withdrawal of Caveat

Because you selected the role of Caveator on Title, PEXA will know you want to create a withdrawal of caveat. Therefore when you click Create Document you will automatically be taken to the Withdrawal of Caveat screen.

The caveat dealing number, title, address and caveator details will automatically default.

• Save the Withdrawal of Caveat.
• Edit the lodgement instructions and ensure the details are correct and select Save.
  Note: The Client Reference Number is limited to a maximum of 15 characters. This is a restriction of characters set by the Land Registry.

Verification is carried out on the documents by the Land Registry. Wait for the auto refresh to progress the status to Prepared and the Verification Result is at Successful. Once both the lodgement instructions and Withdrawal of Caveat status are at Prepared and Successful you can view and sign the documents. 

View the documents

1. From the Actions column select View to view the Lodgement Instructions and Withdrawal of Caveat

Sign the Documents

1. From the Actions column select Sign to sign the Lodgement Instructions and Withdrawal of Caveat

5. Submit caveat for lodgement

Once the documents have been Signed you are ready to submit the Lodgement to the Land Registry

1. From the Actions column select Submit for Lodgement 

• Wait for the auto refresh to progress the status to Completed for the lodgement instructions and Registered for the Withdrawal of Caveat document.

Note: You may have to manually refresh the screen to progress from Unregistered to Registered.

You can view your dealing number and the Workspace status is now at Complete and moves to the completed folder in PEXA from the Active Screen on ‘your dashboard’. To view this, navigate to the Workspace Summary screen in the Completed folder.

Completing the Getting Started with PEXA program? See whats next.

Now that you understand how to process Caveats, read the article,Setting up a Trust Account, to learn how to prepare your trust account in PEXA, ready for completing an electronic transfer. If you operate in NSW, you may also want to review the article Preparing a Consent (NSW), or if you operate in QLD, you want to review the article Settlement Notices (QLD).

Priority Notice | Help Centre

Last Updated: 12 September 2019
Jurisdictions: NSW, QLD, VIC
Additional resources: Help Card

Overview

In this section:

• Electronic and paper channels
• Workspace roles
• Duration
• Auto populating Priority Notices
• What happens if a dealing is lodged that does not match the Priority Notice?
• Visibility of Priority Notices
• Order of documents to be Lodged

A Priority Notice is a notice which is lodged against a title to reserve priority for a pending transaction that will affect that title. 

When recorded on title, a Priority Notice has a twofold effect:

• Reserve priority for the transaction set out in the Priority Notice, and
• Notify parties searching the title that a transaction to be lodged against title is imminent.

Electronic and paper channels

Importantly, a Priority Notice may be created for a future dealing that will be completed in either the paper or the PEXA channel.

Paper channel

If the dealing is expected to occur in the paper channel, then a standalone Priority Notice is created in the role of Applicant.

Electronic channel

If the dealing, such as Transfer and Mortgage, is expected to be processed electronically, in a PEXA Workspace, then the Priority Notice can be created by the participant in the role of either Incoming Proprietor or Incoming Mortgagee.

When a Priority Notice is created in the role of Incoming Proprietor or Incoming Mortgagee, PEXA uses Registry Information and Party data to assist in the creation of the Priority Notice.

Workspace roles

To create and lodge, extend, or withdraw a priority notice you'll need to create a Workspace in one of the following roles:

• Applicant
• Incoming Proprietor
• Incoming Mortgagee

Applicant

The role of Applicant is used for the creation and lodgement of standalone Priority Notices. 

• The role of Applicant may be used by both Principal and Representative Subscribers.
• The role of Applicant may only be used in standalone Workspaces (standalone includes any Workspace that does not have a financial settlement and is used to lodge on type of document).

You would elect to create and lodge a stand-alone Priority Notice in the role of Applicant in the following circumstances:

• The dealing will be lodged via the paper channel.
• The dealing may be lodged via PEXA, however the Workspace pertaining to the transaction is not yet created or there is doubt as to which channel the transaction will take, PEXA or paper.

Incoming Proprietor

A Priority Notice can be created when you are acting in the role of Incoming Proprietor (on behalf of the buyer) in a Transfer Workspace.

The Priority Notice hence reserves priority for the pending transfer transaction and any other documents which may be lodged with it, such as a Discharge of Mortgage and National Mortgage.

When acting in the role of Incoming Proprietor it can be lodged, extended, or withdrawn at any time prior to the actual settlement date and time, as the Priority Notice will reside in its own lodgement case in the Workspace.

PEXA uses Registry Information and Party data to reduce data entry when creating the Priority Notice by prepopulating documents to be lodged in the Priority Notice document.

Incoming Mortgagee

A Priority Notice can also be created when you are acting in the role of Incoming Mortgagee in a Workspace with a financial settlement date and time (a re-finance scenario).

The Priority Notice in this situation reserves priority for the pending mortgage document and any other documents which may be lodged with it, such as the Discharge of Mortgage.

PEXA uses Registry Information and Party data to reduce data entry when creating the Priority Notice by prepopulating documents to be lodged in the Priority Notice document.

Duration

A Priority Notice will be effective on title for 60 calendar days from the date of lodgement.

A Priority Notice may be extended for a period of 30 calendar days only once. An extension is facilitated through the lodgement of an Extension of Priority Notice.

Auto populating Priority Notices

When creating a Priority Notice in the role of Incoming Proprietor or Incoming Mortgagee, PEXA speeds up the creation of your Priority Notice through the use of data returned from the Land Registry to pre-populate information.

Note: This functionality is not leveraged for a standalone Priority Notice created in the role of Applicant as the title data is not received/populated in the Workspace.  

What happens if a dealing is lodged that does not match the Priority Notice?

While a Priority Notice is in effect, any dealing, except those excluded in section 74W(2) of the Real Property Act 1990 NSW or Transfer of Land Act 1958 - Sect 91F Victoria will lodge and be visible as an unregistered dealing, the dealing will only become registered once the following occurs:

• The dealing(s) identified in the Priority Notice are lodged and registered on title, or;
• The Priority Notice is withdrawn, or;
• The Priority Notice expires. 

Visibility of the Priority Notice

Once lodged, a Priority Notice against a title is displayed on any subsequent Title searches. For any titles added to a PEXA Workspace, the existence of a Priority notice is indicated on the Land Titles screen.

Order of Documents to be Lodged

The order of lodgement in the Priority Notice screen can be moved and aligned depending on the preferred sequence of when documents are to be lodged.

The default order of lodgement is:

1. Withdrawal of Caveat
2. Discharge of Mortgage
3. Transfer
4. National Mortgage
5. Caveat

Interactive

NSW & QLD

Follow the video and simulator below to see how to complete a Priority Notice in NSW or QLD.

To launch the simulator in a new screen, click here.

VIC

Follow the video and simulator below to see how to complete a Priority Notice in Victoria.
To launch the simulator in a new screen, click here.

Steps

In this section:

• Create and lodge a Priority Notice
• Extend a Priority Notice
• Withdraw a Priority notice

Create and lodge a Priority Notice

Extend a Priority Notice

An extension of a Priority Notice is facilitated through the lodgement of an Extension of Priority Notice. To lodge an extension, you must return to the existing Workspace in which the original Priority Notice resides.

• An extension of Priority Notice will always be created in its own lodgement case.
• Only the Subscriber who lodged the Priority Notice may extend or withdraw that Priority Notice.

Withdraw a Priority Notice

A Priority Notice:

• Automatically lapses after 60 days, however the Subscriber who lodged the Priority Notice has the ability to withdraw that Priority Notice.
• May be withdrawn as the dealing is no longer proceeding or where a dealing has been lodged and the details of the dealing are different to those set out in the Priority Notice. 
• For a dealing that may occur in either the paper or PEXA channel, may be created, extended and/or withdrawn from within the same PEXA Workspace.
  
  Note: In the role of Incoming Proprietor or Incoming Mortgagee, a Priority Notice can only be extended or withdrawn where the Lodgement case for the Transfer or Mortgage has not settled.

Additional information

Refer to Priority Notice FAQs for additional information. 

The Land Registries have developed Priority Notices as an additional instrument to help ensure best practice in e-Conveyancing and can be used to protect the interests of your clients and assist with fraud prevention. 

Withdraw a Settlement Notice (QLD)

Settlement Notices automatically lapse two months after lodgement. However, after you have lodged the Settlement Notice, there may be a reason the Settlement Notice needs removing, for example Settlement does not continue. Only the transferee who lodged the Settlement Notice may withdraw the settlement notice.

Note: You can also create, Sign and Lodge a Removal of Settlement Notice as a standalone document in a single Workspace (outside a transfer transaction) or in a transfer Workspace.
To do this:

1. Go to Documents from the left hand navigation.
2. From the Create Document tab, click Removal of Settlement Notice.
   
3. From the Applicant section, select your applicants (these will be the parties who requested the original Settlement Notice).
   Note: If there are multiple Settlement Notices on this title, select the relevant Settlement Notice Number. If there is only one, it will prepopulate.
   
4. Click Save.

Documents are verified between PEXA and the Land Registry for any errors. PEXA auto refresh occurs every 10-15 seconds after verification and lodgement. Both the Lodgement Instructions and Removal of Settlement Notice Status will move to Prepared.
Before you Sign any documents, view them to ensure they are correct and that you agree to all certifications relating to that document. Treat digital signatures the same as wet signatures.
To view the rendered document:

1. From the action cog next to the documents, select View.
2. View your document.
3. Click Back.
4. You can also view your documents from the Signing page.
   Note: If your parties do not match the parties who placed the original Settlement Notice, you will notified at this point.
5. Sign both the lodgement instructions and the Removal of Settlement Notice. Next to each document, select Sign from the action cog.
   Note: Before the signing screen displays, you may be asked to Run Java, which is required by the Digital Certificate. Ensure you have the latest version of Java on your computer otherwise you may not be able to Sign documents in PEXA.
6. Select the documents to be signed.
7. Click Sign Documents.
   
8. Type your password in the signing pop up box.
9. Click OK.

Documents are verified between PEXA and the Land Registry for any errors. The PEXA auto refresh occurs every 10-15 seconds. The status of the Lodgement Instructions and Settlement Notice will now move to Signed.

Submit Removal of Settlement Notice for lodgement

Once Signed:

1. Next to the lodgement instructions select Submit for Lodgement from the action cog.
2. When a lodgement is received by the Land Registry, the Land Registry will provide a Dealing Number for the caveat. PEXA will return a status of Lodged for the lodgement instruction. Once examination is completed by the Land Registry, the status of the document returned to PEXA will be Registered.
   Note: You may have to manually refresh to progress the screen from Unregistered to Registered.

Standalone Survivorship Application (ASP) - VIC | Help Centre

Last updated: 11 February 2020
Jurisdiction: VIC
Additional Resources: Help Card

Overview

PEXA supports a standalone Survivorship Application in Victoria. If a joint tenant on a property title passes away, then the surviving proprietor should make an application to the Land Registry to have the deceased’s name removed, so that only the surviving proprietor’s name is on title.

Webinar

Watch the webinar and demo of Survivorship below

Give it a go in this Interactive Demo

Click on "I'd like to try it myself" to get started. Note: To open the simulator in a new screen, click here. 

Steps

To complete a Survivorship Application, follow the below steps. We have created a scenario to assist with this how-to article.

Scenario:

Margaret and Maxwell Black are joint tenants of a property in Lorne, Victoria. Maxwell Black has passed away. You have received instructions from Margaret to complete a survivorship application to remove Maxwell as a proprietor from the land title.

Important note: the same Subscriber must represent all surviving Proprietor’s on Title.

Instructions

1. Create Workspace in the role of Proprietor on title.
2. Check the Land Titles screen.
3. Navigate to the Participants screen:
   • Select Edit Party to confirm you represent Margaret Black and complete any outstanding details.
   • For Maxwell Black, select Edit Party to edit his details and select The Proprietor is Deceased.
4. Navigate to the Documents screen and select Create Document and then Survivorship. 

   

   Important Note: If there are multiple Joint Tenancies, select the correct Joint Tenancy from the Joint Tenancy drop down box.

5. Review the details and select Save. 
6. If you hold a duplicate certificate of title, prepare the Nomination now:
   • On the Document screen select Create Document>Nomination
   • Complete the details and select Save. 
   • View and  Sign in the usual manner. 
   • Note: the Nomination will automatically lodge upon signing.

   Note: If the title is an eCT and you are named as the CT Controller, no Nomination is required.

   Note: If a third party (e.g. a bank) holds the duplicate Certificate of Title or is named as the CT Controller of an eCT, you will need to invite them into the Workspace to prepare the Nomination.

7. Edit the Lodgement Instructions. View, Sign and Submit for lodgement in the usual manner.

Important notes:

• If the Survivorship Application is required for a Transfer, you will need to complete a standalone Survivorship Application prior to opening the Transfer Workspace.
• Should you inadvertently create a Transfer Workspace that requires a Survivorship, create an additional Workspace and lodge the Survivorship, then request an Information Resupply in the Land Titles screen of the Transfer Workspaces after successful registration of the Survivorship Application.

Survivorship—Standalone (SA) | Help Centre

Last updated: 05 September 2019
Jurisdiction: SA
Additional Resources: Help Card, Walk Thru

Overview

PEXA supports the electronic lodgement of a Standalone Survivorship, known as Application to Register Death by Survivor in South Australia.

If a joint tenant on a property title passes away, then the surviving proprietor should make an application to the Land Registry to have the deceased’s name removed, so that only the surviving proprietor’s name is on title.

A Standalone Survivorship can be lodged:

• When one or more Proprietors on Title in a Joint Tenancy has passed away and there is at least one surviving Proprietor
• With or without financial settlement 

Note:

• If all Joint Tenants have passed away, a Surivorship will need to be lodged for each pre-deceased joint tenant and a Transmission for the Primary deceased. Please see Complete a Survivorship—with Transmission for full instructions
• You are required to provide supporting documentation in PEXA to lodge a Transmission so please ensure that you are in possession of the correct documentation.

Click "Try me"! Or to launch the tutorial in a new screen, click here.  

Walk Thru

• Select Walk Thru a Survivorship (SA) from the Help tab in PEXA, then follow the on-screen prompts.

Steps

Important: In R11.0.0, we're going to remove the Actions Cog button from the Participants and Documents screen. This affects the navigation path to select action items on these screens. We will update the help articles soon to reflect these changes.

1. Create the Workspace in the role of Proprietor on Title with the following settings:
   • Financial Settlement = No
2. Review the Land Title.
3. Confirm the Proprietor is deceased:
1. Navigate to the Participants screen and select Edit Party against the deceased Proprietor.
2. Select The Proprietor is Deceased.
3. Click Add Details of Death to and complete the details.
4. Save the changes.
   The Proprietor now appears as deceased on the Participants screen.
5. Repeat Step 3 for all deceased Proprietors.
4. Represent the surviving Proprietor:
1. On the Participants screen, select Edit Party against the surviving Proprietor.
2. Select I Represent this Party.
3. Check that the Party Details are correct, and provide information where required:
   
   • Name
   • Date of Birth
   • Preferred contact phone number
   • Address
4. Select Save 
   The Proprietor is now shown as represented on the Participants screen.
5. Repeat Step 4 until all surviving Proprietors are represented.
5. Create the Survivorship document:
   

   Note: If more than one Proprietor has passed away, create a Survivorship for each deceased Proprietor in the order in which they passed away. That is, create the Survivorship for the Proprietor who passed away first, then create the Survivorship for the Proprietor who passed away second, and so on. 

1. Navigate to the Documents screen and then select Create Document > Survivorship.
   A warning message appears to alert you that you cannot create a Transfer in the same Workspace as the Survivorship.
2. Click Proceed to continue.
3. Check the Land Title.
   • If there are multiple titles in the workspace, select the correct title.
   • If there is a single title, the title will be automatically populated.
4. Check the Deceased Proprietor Details:
   • The correct party is registered as deceased.
   • Their details of death are correct. To update their details of death, click Edit Details of Death.
5. Under Applicant Details, check that the surviving Proprietor's details are correct and complete:
   • Ensure only the surviving Proprietors are listed here.
6. Save the document.
7. Repeat Step 5 for all deceased Proprietors.
6. View, Sign and Lodge the Survivorship:
   Note: The document status related to the Survivorship must be Prepared and Successful before you can sign the documents.
   If you have more than one Survivorship in the Workspace, ensure to check the order of lodgement.
1. On the Document screen, select the View against the Survivorship(s) and review the details.
2. On the Document screen, select the Sign against the Lodgement Instructions.
3. Select the checkboxes for Lodgement Instructions and Survivorship(s) for all deceased Proprietors.
4. Click Sign Documents.
   The documents will be verified with the Land Registry and once they are successfully verified and signed, you can go ahead and lodge the documents.
5. Select Submit for Lodgement to lodge the documents with the Land Registry. 

Related Topics

• Survivorships or Transmissions and a subsequent Transfer
• Transmission Application (SA)
• Survivorship—with Transmission

Survivorship—with Transmission (SA) | Help Centre

Last updated: 05 September 2019
Jurisdiction: SA
Additional Resources: Help Card, Walk Thru

Overview

PEXA supports the electronic lodgement of a Survivorship followed by Transmission, known as Application to Register Death (all applicants deceased) in South Australia.

If all parties in a Joint Tenancy passes away, a Survivorship with Transmission application should be made to confirm the pre-deceased Proprietors and appoint the Executor/Administrator of the last deceased Proprietor. In PEXA, the last deceased Proprietor is known as the Primary Deceased.

Note: You are required to provide supporting documentation in PEXA to lodge a Transmission so please ensure that you are in possession of the correct documentation.

Note:

• If one or more Proprietors in a Joint Tenancy passes away and there is a surviving tenant remaining on title, please lodge a Standalone Survivorship instead.
• If a Sole Proprietor passes away, please lodge a Transmission instead.
• If you are lodging a Survivorship followed by a Transfer, click here.

Walk Thru

• Select Walk Thru a Survivorship (SA) from the Help tab in PEXA then follow the on-screen prompts.

Steps

1. Create the Workspace in the role of an Incoming Proprietor.
   • For a standalone Transmission, select No to Financial Settlement required?.
   • For a Transmission lodged with a Transfer in the same Workspace, select Yes to Financial Settlement required? and Will this transaction involve a Transfer?.
2. Review the Land Title.
3. Confirm the Proprietors are deceased:
   
   1. Navigate to the Participants screen and select Edit Party against the deceased Proprietors.
   2. Select The Proprietor is Deceased.
   3. Click Add Details of Death and complete the details.
   4. Save the changes.
      The Proprietor now appears as deceased on the Participants screen.
   5. Repeat step 3 for all deceased Proprietors.
4. Represent the Executor/Administrator/Legal Personal Representative:
   1. On the Participants screen, click Create Party.
   2. Select I Represent this Party.
   3. Ensure the role of Incoming Proprietor is selected.
   4. Complete the required information for Party Details:
      • Name
      • Date of birth
      • Party Capacity to be recorded on Title
   5. Click Save.
5. Create a Survivorship document for each of the pre-deceased Proprietors (except for the last deceased):
1. Navigate to the Documents screen and then select Create Document > Survivorship.
2. Check the Land Title.
   • If there are multiple titles in the workspace, select the correct title.
   • If there is a single title, the title will be automatically populated.
3. Check the Deceased Proprietor Details:
   • The correct Proprietor is registered as deceased.
   • Their details of death are correct. To update their details of death, click Edit Details of Death.
4. Under Applicant Details, check that the surviving Proprietors' details are correct and complete.
5. Under Grantee Details, check that the Name, Party Capacity, and Address are correct.
6. Save the document.
7. Repeat Step 5 until a Survivorship document is created for all pre-deceased Proprietors (except for the last deceased).
6. Create the Transmission:
   The Transmission Application is created for the Proprietor who passed away last.
   
   1. On the Documents screen, select Create Documents > Transmission.
   2. Under Applicant Details, check that the correct Party Capacity is selected and the Address is correct.
   3. Under Tenancy, check that the details for the last deceased Proprietor are correct.
   4. Add Evidence Details:
      • The Evidence Type will populate automatically, depending on the Party Capacity entered.
      • Enter the Evidence Date.
      • If there are additional evidence types that support this transaction, add them by clicking Add Evidence.
   5. Save the Transmission.
7. Attach evidence to Transmission:
   You are required to attach supporting documentation for the Transmission (e.g. Probate/Letters of Administration).
   1. Navigate to the Files screen and click Upload Files.
   2. Browse for the file and complete the required fields.
      Note: Under File Description, select the Land Registry Attachment File applicable to the Evidence Type you are uploading.
   3. Click Upload.
   4. Select Cog > Attach to attach the file to the Transmission.
8. For a Transfer Workspace only—If you are lodging a standalone Transmission then skip this step.
   Invite the Incoming Proprietor into the Workspace via the Participants screen and then wait for them to:
   1. Create and represent the incoming party as a new party in the Workspace.
   2. Create the Transfer document.
9. View, Sign and Lodge the documents:
   Note: The document status for documents within the Lodgement Instructions must be Prepared and Successful before you can sign the documents.
   1. On the Document screen, select the Edit against the Lodgement Instructions.
      Ensure to check the order of lodgement.
   2. On the Document screen, select the View against the Survivorship(s) and Transmission and review the details.
   3. On the Document screen, select the Sign against the Lodgement Instructions.
   4. Select the checkboxes for Lodgement Instructions, Survivorship(s), and Transmission and if applicable, Transfer then click Sign Documents.
      The documents will be verified with the Land Registry and once they are successfully verified and signed, you can lodge the documents.
   5. Select Submit for Lodgement to lodge the documents with the Land Registry.

Related Topics

• Survivorships or Transmissions and a subsequent Transfer (VIC & SA)
• Transmission Application (SA)
• Survivorship—Standalone (SA)

Transmission Application (APR) (VIC) | Help Centre

Last updated: 17 October 2019
Jurisdiction: VIC
Additional Resources: Help Card

Overview

PEXA supports the electronic lodgement of a Transmission Application in Victoria.  If a Sole Proprietor, a Tenant in Common, or all tenants in a Joint Tenancy on a property title have passed away, then a Transmission application should be made to appoint a representative to an estate. Transmission Applications in PEXA cannot currently be used for scenarios involving bankruptcy, but we will advise you further once this is available.

A Transmission can be lodged:

• Standalone, or in combination with a Mortgage, Discharge of Mortgage or Caveat
• With or without financial settlement.

Currently, PEXA does not support lodging a Transmission in combination with a Transfer. In such cases, you would need to lodge and register the Transmission first, and then lodge a Transfer via a separate Workspace. 

Important! Ensure the Transmission is lodged and registered prior to creating a Transfer Workspace.

Note: You are not required to provide supporting documentation in PEXA to lodge a Transmission but please ensure that you are in possession of the correct documentation.

Video

Interactive Demo

If you would rather try it yourself,  Click here to lauch an Interactive Demo

Steps

1. Create the Workspace in the role of an Incoming Proprietor.
2. Review the Land Title.
3. Create the Legal Personal Representative as an Incoming Proprietor party:
   1. Navigate to the Participants screen and then click Create Party.
   2. Select Incoming Proprietor as the role.
   3. Select the correct Party Capacity to be recorded on Title for the Legal Personal Representative.
   4. Complete the form per your normal process.
4. Register the parties as deceased:
   • If there are multiple titles in the workspace, select the correct title.
   • If there is a single title, the title will be automatically selected.
   1. Navigate to the Documents screen and then select Create Document > Transmission.
   2. Select the Title(s) that the deceased party(ies) is in:
   3. Select the Tenancy Group that the deceased party(ies) is in.
      That tenant now appears as deceased.
   4. Under Applicant Details, select the primary deceased (if there are multiple deceased parties).
      

      The primary deceased is the person who has most recently passed away, whose Legal Personal Representative will be recorded on title.

   5. Save the changes.
5. Lodge a Nomination:
   If you are in possession of the certificate of title, you will need to create a Nomination.
   1. Documents screen, and Select Create Document > Nomination.
   2. Complete the details and select Save
   3. From the actions column select View to view the Nomination,
   4. Select Sign. The Nomination will automatically be lodged once signed.
   
   

   Note: If another party is in control of the title, you will need to invite them into the Workspace in the role of CT Controller so they may prepare, sign and lodge the nomination.

6. Edit the Lodgement Instructions for the Transmission:
   1. On the Document screen, select Edit against Lodgement Instructions.
      Notice that there is a dealing requirement. No evidence is required to be submitted via PEXA however ensure that you are in possession of the correct documentation.
7. Complete the Issuing Instructions as required and then click Save.
8. Sign and Lodge the Transmission Application documents:
   1. Once the Transmission Application is Prepared and Successful, select View from the Actions column to view a render of this document.
   2. Select Sign from the actions column to sign the Transmission
   3. From the Lodgement Instructions select Submit for Lodgement

Related Topics

• Survivorships or Transmissions and a subsequent Transfer
• Transmission Application (SA)
• Transmission Application (NSW)

Transmission Application (SA) | Help Centre

Last updated: 05 September 2019
Jurisdiction: SA
Additional Resources: Help Card

Overview

If a Sole Proprietor on a property title has passed away, then a Transmission application should be made to appoint a representative to an estate.

Note:

• If all Joint Tenants have passed away, a Surivorship will need to be lodged for each pre-deceased joint tenant and a Transmission for the Primary deceased. Please see Complete a Survivorship—with Transmission (SA) for instructions on how to prepare this Workspace. 
• If the tenancy is Tenants in Common a transmission application cannot be processed in PEXA

A Transmission can be lodged:

• As a standalone application
• Together in the same Workspace as a Transfer

In SA, you are required to provide supporting evidence of the death such as Registrars Certificate, or Letter of Administration. Use the following steps to complete a Transmission in South Australia in PEXA.

Video

Steps

1. Create the Workspace in the role of an Incoming Proprietor.
   Important: For a Transmission application (standalone or lodged with a Transfer), it's important to create the Workspace in the role of Incoming Proprietor . For a standalone Transmission, select No to Financial Settlement required?.
   • For a Transmission lodged with a Transfer in the same Workspace, select Yes to Financial Settlement required? and Will this transaction involve a Transfer?.
2. Review the Land Title.
3. Create the Administrator or Executor as an Incoming Proprietor:
   1. Navigate to Participants screen and then click Create Party.
   2. Select Incoming Proprietor as the role.
   3. Select Administrator or Executor as the Party Capacity to be recorded on Title for the Legal Personal Representative.
   4. Complete the rest of the form as per your normal process.
4. Register the Proprietor on Title as deceased:
   1. Navigate to Participants screen.
   2. Select Edit Party for the deceased party
   3. For Representation, select The Proprietor is deceased.
   4. Add Details of Death: 
      • Click Add Details of Death.
      • Enter the Date of death.
      • Click Confirm.
   5. Save the changes.
5. Create a Transmission document:
   1. Navigate to Documents > Create Document > Transmission.
   2. Add Evidence Details:
      
      • Click Evidence Details.
      • Click Save.
   3. Save the changes.
6. Upload supporting documents as evidence of death:
   1. Navigate to Files > Upload File.
   2. Browse to locate the file.
   3. Select the correct File Description.
   4. Select Share with All Workspace Participants.
   5. Select the files and then click Upload.
      Continue to upload files as necessary. Typically, documents required could include Letters of Administration or Registrar's Certificate.
7. Attach uploaded files to the Transmission:
   1. On the Files screen, select Action Cog > Attach for the file you want to attach.
   2. Select Transmission.
   3. Click Attach.
8. For a Transfer Workspace only—If you are lodging a standalone Transmission then skip this step.
   Invite the Incoming Proprietor into the Workspace via the Participants screen and then wait for them to:
   1. Create and represent the incoming party as a new party in the Workspace.
   2. Create the Transfer document.
   3. Verify Stamp Duty.
9. View, sign, and lodge the documents:
   
   1. Once the Transmission Application has a Prepared and Successful status, select View from the Actions column to view a render of this document.
   2. Go Back to the Documents screen, and ensure the relevant parties sign and lodge the Transmission and if applicable, the Transfer document.

Related Topics

• Transmission Application (NSW)
• Transmission Application (VIC)
• Transfers Overview
• Survivorship—Standalone (SA)
• Survivorship—with Transmission (SA)

Transmission Application (NSW) | Help Centre

Last updated: 05 September 2019
Jurisdiction: NSW
Additional Resources: Help Card

Overview

If a Sole Proprietor, a Tenant in Common, or all parties in a Joint Tenancy on a title have passed away, then you can lodge a Transmission Application to appoint a legal representative to an estate. This allows an Executor, Executor by Representation, Administrator, or Trustee to obtain ownership of the title to deal with the Estate.

A Transmission can be lodged:

• As a standalone application
• Together in the same Workspace as a Transfer

When lodging a Transmission Application in NSW, the following information is required:

• Details of Death
• Evidence Details
• Consent

In NSW, you are not required to submit supporting documents when lodging Transmission Applications in PEXA, however, ensure that you are in possession of the correct documentation.

Alternatively, if a beneficiary has been nominated, then the ownership of title can be directly transferred to the beneficiary by completing a Transmission Direct to Beneficiary.

Interactive Demo

Click the link to launch an interactive demonstration on how to complete a standalone Transmission Application in NSW - Launch Interactive Demo

Steps

1. Create the Workspace in the role of an Incoming Proprietor.
   • For a standalone Transmission, select No to Financial Settlement required?.
   • For a Transmission lodged with a Transfer in the same Workspace, select Yes to Financial Settlement required? and Will this transaction involve a Transfer?.
2. Review the Land Title.
3. Register the Proprietor(s) on Title as deceased:
   
   1. On the Participant screen, click Edit Party next to the party to be registered as deceased.
   2. For Representation, select The Proprietor is Deceased.
      
   3. Add Details of Death:
      1. Click Add Details of Death.
      2. Enter the Date of death.
      3. Click Confirm.
         
   4. Complete the rest of the form as per normal then Save the changes.
      Complete the same steps as above for all proprietors who are deceased.
4. Create the Legal Personal Representative:
   1. Navigate to the Participants screen and then click Create Party.
   2. For the Role, select Incoming Proprietor.
   3. For Party Capacity to be recorded on Title, select one of the following options:
      • Administrator
      • Executor
      • Executor by Representation
      • Trustee
        
        
        
   4. Complete the rest of the form as per normal.
5. Create a Transmission document:
   1. Navigate to Documents > Create Document > Transmission.
   2. By default, the Applicant Details is pre-populated with the party you created in step 3.
   3. For Tenancy, select the deceased tenant. Ensure that Details of Death has been added against the selected tenant.
      
   4. Add Evidence Details:
      1. Select the Evidence Type.
      2. Enter the reference number and date.
      3. Click Add Evidence to add additional evidence if required.
         
   5. Save the document.
6. Edit the Notice of Sale:
   1. On the Documents screen, click Edit next to Notice of Sale.
   2. Complete the fields and then Save the changes.
      The document status for Notice of Sale should now be Prepared.
7. Create a Consent:
   1. On the Documents screen, select Create Document > Consent.
   2. Complete the fields and then Save the changes.
      Note: If there is a mortgage registered on title, you will need to invite them into the Workspace as Consentor to complete the Consent document. This is completed via the Participants screen.
8. For a Transfer Workspace only—If you are lodging a standalone Transmission then skip this step.
   Invite the Incoming Proprietor into the Workspace via the Participants screen and then wait for them to:
   1. Create and represent the incoming party as a new party in the Workspace.
   2. Create the Transfer document.
9. Edit the Lodgement Instructions.
   1. On the Documents screen, click Edit against Lodgement Instructions.
   2. Complete the fields and then Save the changes.
10. View, sign, and lodge the documents:
    1. Once the Transmission Application is Prepared and Successful, select  View to view a render of this document. Click Back to go back to the Documents screen.
    2. Click Sign to sign the Lodgement instructions, Transmission Application, and if applicable, Consent and Transfer.
    3. Click Submit for Lodgement.

Related Topics

• Transmission Direct to Beneficiary (NSW)
• Transmission Application (SA)
• Transmission Application (VIC)

Encumbrance - SA | Help Centre

Last updated: 5 September 2019
Jurisdiction: SA
Additional Resources: Help Card

Overview

PEXA has the ability to lodge an Encumbrance and Discharge an Encumbrance in SA. An encumbrance can be registered on a title as a restriction regarding the use of the land. It is an agreement creating various obligations on the parties, restricting or forbidding certain acts on the property.

When purchasing a property in a recently developed area, an encumbrance in favour of the developer often appears against the title of the property. Many encumbrances aim to maintain uniformity within the development and are applicable to each and every property in the area.  Encumbrances can be seen as a benefit, as they help maintain consistency with certain types of developments.

Other encumbrances can be ‘lifted and replaced’. As the terms specify, they do not run with the title.  The existing encumbrance is discharged as part of settlement (i.e., lifted) and a new encumbrance in the purchaser’s name in similar terms is registered at settlement (i.e., replaced).

You will see the roles of Encumbrancee on Title and Incoming Encumbrancee when creating a new workspace in PEXA. This functionality also supports the uploading and attaching of supporting Covenants via the Files screen.

Video

Watch a demo and webinar on SA Encumbrances below (24 mins)

Steps

1. Create a Workspace in the role of Incoming Encumbrancee with no financial settlement.
2. Note: If this is part of a Transfer (ie. a lift and replace encumbrance), you will most likely be invited into a Transfer Workspace by the Incoming Proprietor or Proprietor on Title.
3. Check the Land Title details screen. 
4. On the Participants screen, create your party details. 
5. Note: You will not be able to lodge your encumbrance until the Proprietor on Title has been represented in the Workspace as they are required to sign the Encumbrance. If required, invite in the Proprietor on Title now.
6. On the Documents screen, select Create Document and complete the relevant information:
   • Details of rent charge
   • Terms and conditions:
     • If you have a Land Registry Reference number for your Encumbrance, enter it into the Document Reference field.
   • Additional terms - you can either upload an attachment through the Files screen or enter in any additional terms in the free form text field. 
7. If you elected to attach additional terms, navigate to the Files screen. 
8. Select Upload File. 
9. Browse for the file you wish to upload.
   Note: The document must be uploaded in PDF format. 
10. Select File Description and then Covenants. 
11. Once uploaded, click on the action cog and select Attach. 
12. The following screen will display:
13. Select Attach. 
14. Navigate back to the Documents screen. 
15. View, Sign and Submit in the usual manner. 

Discharge an Encumbrance - SA | Help Centre

PEXA has introduced the ability to lodge an Encumbrance and Discharge an Encumbrance in SA. An encumbrance can be registered on a title as a restriction regarding the use of the land. It is an agreement creating various obligations on the parties, restricting or forbidding certain acts on the property.

When purchasing a property in a recently developed area, an encumbrance in favour of the developer often appears against the title of the property. Many encumbrances aim to maintain uniformity within the development and are applicable to each and every property in the area.  Encumbrances can be seen as a benefit, as they help maintain consistency with certain types of developments.

Other encumbrances can be ‘lifted and replaced’. As the terms specify, they do not run with the title.  The existing encumbrance is discharged as part of settlement (i.e., lifted) and a new encumbrance in the purchaser’s name in similar terms is registered at settlement (i.e., replaced).

You will see the new roles of Encumbrancee on Title and Incoming Encumbrancee when creating a new workspace in PEXA. This functionality also supports the uploading and attaching of supporting Covenants via the Files screen.

Watch a demo and webinar on SA Encumbrances below (24 mins)

1. Create a Workspace in the role of Encumbrancee on Title with no financial settlement.

Note: If this is part of a transfer (and a lift and replace is required), you will most likely be invited into a Transfer Workspace by the Incoming Proprietor or the Proprietor on Title.

2. Check the Land Title details screen. 

3. Navigate to the Participants screen, locate the party shown as Encumbrancee on Title and use the action to confirm that you represent this party. 

4. Navigate to the Documents screen, click Create Document and select Discharge of Encumbrance. 

5. Ensure the details are correct and select the appropriate Set of Operative Words for this Discharge of Encumbrance. 

6. View, Sign and Submit in the usual manner. 

Lease (NSW) | Help Centre

Last updated: 05 September 2019
Jurisdiction: NSW
Additional Resources: Help Card, Walk Thru

Overview

You can now create and lodge Lease documents in a NSW Workspace.

A Lease is a tenancy agreement between the landlord and the tenant that allows the tenant to rent out the property based on the terms and conditions set out in the lease agreement.

In PEXA, a Lease may be lodged:

• As a standalone document,
• In combination with other documents, such as Transfers or Mortgage Discharges.

Conditions and Provisions

To successfully lodge a Lease through PEXA, a signed copy of the Conditions and Provisions will need to be uploaded and attached to the Lease document. The Conditions and Provisions attachment refers to the Annexures and any other relevant conditions related to the lease.

The following documents may be scanned and uploaded as a single Conditions and Provisions attachment:

• Conditions of the Lease
• Lease Schedule
• Lease Plan
• Annexure A
• Annexure B
• Tenancy Guide (for Retail Leases)
• Disclosure Statement (for Retail Leases)

Walk Thru

A Walk-Thru is available for Leases (NSW). You can launch the Lease (NSW) Walk-Thru by clicking the Walk Me Thru > launcher on the Lease document screen.

Steps

Note: This set of instruction applies to a standalone Lease document. If you are lodging a Lease and a Transfer together in the same Workspace, please ensure financial settlement is included in the Workspace.

1. Create a Workspace with the following settings:
   • Jurisdiction: NSW
   • Representative role:
     • Proprietor on Title (Lessor), or
     • To Deal with an Interest (Lessee).

     Note: If you represent both parties, you must add the other role in Workspace Settings, then for each role, continue with the steps below for the parties that you represent.

   • Complete the other fields as required.
2. Review the Land Title.
3. Represent the Lessor (landlord):
   1. Click Edit next to the Proprietor on Title you represent.
   2. Ensure I represent this party is selected.
   3. Complete the Party Details.
   4. Save the changes.
   Repeat Step 3 against all parties you represent.
4. Invite another participant into the Workspace so they can represent the Lessee (tenant):
   1. Click Invite Participant and invite the other participant in the role of To Deal with an Interest.
   2. Wait for the other participant to:
      • Accept the invitation via Invitations.
      • Create and represent the Lessee (tenant) via Create Party.
5. If a mortgagee is registered on title, then invite the first Mortgagee on Title into Workspace as a Consentor.
   1. Click Invite Participants.
   2. For the Role, select Consentor.
   3. In the Participants field, start typing the name of the other participant and then select their name from the drop-down list. If their name doesn't appear in the list, then you'll have to ask them to join PEXA via the on-screen link.
   4. Check the Title, Property Address, and Client Names.
   5. Optionally, you can add the Customer Account/Loan Number and Notes to the invitation.
   6. Click Send Invitations.
      An invitation will be sent to the participant and after they accept the invitation, they'll be able to transact in this Workspace.
6. Create a Lease document:
   The Lease document is created by the Proprietor on Title.
   
   1. Navigate to Documents > Create Document > Lease.
   2. Complete the following fields on the Lease screen:
      Titles
      • Specify whether the Lease applies to Whole or Part of the title. If the extent is Part – Lease description, a description of the land affected will be required.
      • Is this a Sub-Lease of a Lease?: No
        Note: Sub-leases are currrently not available but will be available in a future release. Once it is available, PEXA will advise through Release Notes.
      
      Lessor Details
      This section will auto-populate with the Proprietor(s) that are currently registered on title.
      
      Lessee Details
      This section is auto-populated with the represented Lessee's details.
      
      Lease Details
      Summarise the terms of the Lease.
      • Lease Period: Enter the initial lease period in number of years, months, and days.
      • Option to Renew details: If there is an option to renew, then enter the renew period(s).
      • Option to Purchase details: Indicate if there is an 'Option to Purchase' for the lease.
   3. Save the Lease document.
   
   Note: Multiple Leases can be created in the same Workspace. If there is more than one Lease, then repeat Step 6 for each lease required.
7. Attach the Conditions and Provisions to the Lease:
   A Conditions and Provisions attachment must be signed by both the landlord and the tenant. For information on Conditions and Provisions, see here.
   
   1. Navigate to Files > Upload Files.
   2. Upload the file:
      • Browse for the file.
      • Under Land Registry Attachment File, select Conditions and Provisions.
      • Complete the other fields as required.
      • Click Upload.
   3. Select Cog > Attach to attach the file to the Lease.
   
   Note: In addition, the following files may also be attached to a Lease document:
   • Plan
   • Minister's Consent document
   • Caveators Consent document
8. Create a Consent:
   The party who holds control of the title creates the Consent.
9. View and sign the documents within the Lodgement Case.
   • The Lease must be signed by both the Lessor and Lessee
   • The Lodgement Instruction is signed by the lodging party.

Next steps:

For a standalone Lease, when all documents within the lodgement case have been signed by both parties, the responsible party may submit the documents to the Land Registry for lodgement by selecting Submit for Lodgement.

If there is financial settlement, then both parties must sign the Financial Settlement Schedule. The Lease will be lodged together with all other documents in the lodgement case (including Transfer, if applicable) upon financial settlement.

Related Topics

• Transfer—Representing the Vendor (NSW)
• Transfer—Representing the Purchaser (NSW)
• Consent
• Preparing Financial Settlement

Transfer Guidelines | Help Centre

Transfer Guidelines - Current as of May 2018

The PEXA guidelines have been developed to assist Subscribers with what they should be doing, and when, in order to ensure the timely and successful completion of a PEXA settlement. They have been developed through industry-wide collaboration with the intention to meet the needs of all PEXA Subscribers.

The guidelines are:

•  not intended to override existing obligations between parties to a transaction, such as those contained in the Contract of Sale.
• to be read sequentially therefore start at step 1 and work through the stages that are relevant to your role. 
• not intended to cover sub divisions.
• For any escalations relating to your transaction please contact the Financial Institution via their current settlement booking line. For members that are not Financial Institutions please use the Subscriber Search functionality in PEXA to obtain their contact details.  

NOTE: You can download a PDF of the Transfer Guidelines at the bottom of the article. 

UPDATE: May 2018 The Transfer Guidelines have been updated to align to changes proposed by the Industry Digital Transformation Working Group. Please refer to the post below the Guidelines for a summary of the changes. 

Transfers - Representing the Purchaser (all states) | Help Centre

Last updated: 5 September 2019
Jurisdiction: ALL
Additional Resources: Help Card

Overview

From lodging Land Registry documents to completing settlements electronically, PEXA is a fast, safe and efficient digital solution. This step-by-step guide shows you how to complete a transfer when you're representing a purchaser. 

On this page you'll learn how to:

• Create a new transfer workspace
• Review land titles online
• Confirm representation of a party
• Invite participants
• Create supporting jurisdictional documents
• View and sign documents and lodgement instructions
• Complete and sign the Financial Settlement Schedule (FSS)

Video

Watch the video below, to learn about completing a transfer with PEXA. The video guides you through the process of completing an electronic transfer in PEXA, when representing the purchaser. The video is applicable in VIC, NSW, QLD, WA & SA. 

Steps

Related Topics

• Transfer Help Centre Articles

Transfers - Representing the Vendor (all states) | Help Centre

Last updated: 5 September 2019
Jurisdiction: VIC
Additional Resources: Help Card

Overview

From lodging Land Registry documents to completing settlements electronically, PEXA is a fast, safe and efficient digital solution. This step-by-step guide shows you how to complete a transfer when you're representing a vendor. 

Note: A downloadable transfers help card is available to be downloaded at the bottom of this article - PEXA Transfers Help card. 

On this page you'll learn how to:

• Create a new transfer workspace
• Review land titles online
• Confirm representation of a party
• Invite participants
• Create supporting jurisdictional documents
• Complete and sign the Financial Settlement Schedule (FSS)

Video

Steps