Former PEXArian

Transactions that can be done in PEXA — QLD

With e-Conveyancing becoming the new norm in QLD it is important to familiarise yourself with what is in scope on the PEXA platform.

 

Document

Description

Can be transacted online

Comment

Priority Notice

All Priority Notices

Yes

 

Caveats

 

Standard Lapsing Caveats

 

Non-lapsing Caveats and Caveats requiring Forms 14 /20  

Yes

 

 

No

Refer to Land Practice Manual here

 

 

Land Titles Practice Manual PART 11– extracts re: caveats with reference to Form 14/20

Withdrawal of Caveat

 

Yes

 

Transfer (interest of fee simple only)

to Trustee

Yes

Form 20 Trust Details Form completed in PEXA platform in lieu of depositing full Trust Deed*

 

Commercial Property

Yes

Functionality is now live to transact electronically. Refer to OSR Self Assessor to ensure the dealing meets the OSR criteria for electronic conveyancing

 

With non-monetary consideration

  • By Way of Gift
  • Desire to Change Tenancy
  • Natural Love and Affection

No

We are working closely with OSR to launch these transfers to market.

 

Involving non- standard entities i.e. charities, government bodies etc.

Yes

Must have a valid ABN, ACN, ARBN or ACLN depending on the organisation type. For any queries around identifiers required for stamping, please confirm with OSR.

 

Transfer of a Share or Part of an Interest in a lot

No

 

 

By Mortgagee Exercising Power of Sale

No

 

 

Pursuant to an Order under the Family Law Act 1975 (Cth)

No

 

 

By Direction

No

 

 

Of Lease

No

 

 

Of Mortgage

No

 

Mortgages

 

 

National Mortgage

 

Of Interest

 

Lease

 

 

 

Yes^

 

No

 

No

^Incoming Mortgagees with a capacity i.e. Trustee or Responsible Entity, currently out of scope

Release of Mortgage

 

Yes

 

Applications

 

Request to Record Death

 

Transmission application (Form 5 and 5a only)

No

 

 

Yes^

 ^Only where probate has been granted*

Leases

 

No

 

~Out of scope party types across all transactions

 

Trustee of the Property of …, a Bankrupt

 

 

 

Parties on title in two capacities i.e. as an individual and as personal representative, or part of a tenancy arrangement where name is duplicated i.e.

JOHN SMITH, MARY SMITH Joint Tenants Inter-se)

1/3

JOHN SMITH

1/3

MARY SMITH

1/3

 

 

Parties with one name e.g. Madonna

No

 

 

 

 

 

 

 

 

 

 

 

 

No

 

 

 

 

 

 

 

 

 

No

 

*When digitally signing the transfer of land in PEXA, you will be required to Certify you have retained the evidence supporting the instrument. For more information on Certifications – refer to ARNECC's Guidance Notes here.

 

To familiarise yourself with what the expansion covers and how to stamp these documents in OSR please see the resources below;

 OSR Online toolkit

The OSR online toolkit  has been updated and it will assist you with processing transactions via PEXA.    

SA1 - Self assessment of transfer duty – Instructions for registered self-assessors

 The SA1 has been updated to reflect the changes to e-conveyancing and is available here.

 

Please also see the QLD Titles Registry information around electronic conveyancing here.

 

For more information contact your QLD Practitioner Specialist.