About Jess_Caire

Hi QLD Community,   Recent feedback from DNRME has highlighted that some Priority Notices are preventing automatic registration on following documents due to the incorrect names being entered for the incoming parties. For example, there has been instances where Subscribers are entering an incoming mortgagee on a Priority Notice as ‘CBA – Commonwealth Bank of Australia’.  However the incoming mortgagee on the Mortgage, has the legal name of “Commonwealth Bank of Australia”. When this occurs, a warning is returned to the Subscriber of the incoming document and all of the documents in the workspace are flagged for manual examination so Registry staff can investigate the discrepancy. By ensuring that the details on the Priority Notice reflect the correct legal entities, you can prevent these delays and could even prevent a requisition that would slow down the registration process. Thanks Jess  ... View more

Hi QLD Community,   See below the guidance prepared by the Land Registry in relation to the upcoming changes to the definition of a foreign person in the Foreign Ownership of Land Register Act 1988.   Form 24 (Question 1(f)) and Form 25 completion   From 1 July 2020, the definition of foreign person in the Foreign Ownership of Land Register Act 1988 will be aligned with the definition in the Duties Act 2001 which defines a foreign person as each of the following:   foreign individual; foreign corporation; and a trustee of a foreign trust.   Subscribers should ensure that they are aware of the new definition of foreign person when determining whether the transferee is a foreign person under the Foreign Ownership of Land Register Act 1988 (this is relevant to Question 1(f) on the Form 24 (electronic)).   The updated definition will be incorporated into the new version 5 of the paper version of the Form 25 (paper version).    Please note however that the Titles Registry will not make available updates to the electronic version of the Form 25 until 2021.   Interim Titles Registry guidelines – electronic conveyancing prescribed requirements for completion of Form 24 (Question 1(f)) and Form 25   Where a transferee is a foreign individual or foreign corporation (including where the transferee is also the trustee of a foreign trust), Subscribers can continue to complete the Form 24 (Question 1(f)) and Form 25 as they are currently completing them.   However, until the electronic version of the Form 25 is updated, the Registrar will be publishing prescribed requirements to assist Subscribers when completing the Form 24 Question 1(f) and Form 25 for a transferee that is the trustee of a foreign trust only (i.e. not a foreign individual or foreign corporation).   Subscribers should note in particular that for a natural person transferee that is the trustee of a foreign trust only (other than where the trust is wholly foreign and there is only one foreign country), the information cannot be provided using a Form 25 (electronic) through e-conveyancing – a Form 25 must be submitted in paper.   The prescribed requirements will be set out in [25-2400] of the updated Part 25 of the Land Title Practice Manual which will be published on or after 1 July 2020.   A summary of the requirements for the completion of a Form 24 (electronic) and Form 25     Entity Type foreign person type as defined in the Duties Act 2001 (Qld) Form 24 Question 1(f) Form 25 (electronic) Completion Natural Person 1.  foreign individual only Yes Complete as normal for a foreign individual using the foreign country of the foreign individual.   2.  trustee of a foreign trust only:       a)   where the trust interests are wholly held by a foreign beneficiary or beneficiaries from one country only Yes Complete as if completing for a foreign individual but insert the foreign country of the foreign beneficiary/beneficiaries.   b)  trustee of a foreign trust otherwise No Do not complete a Form 25 through electronic conveyancing. Prepare a Form 25 in paper and send it by post or e-mail to titlesinfo@dnrme.qld.gov.au (a scanned digital copy of the signed Form 25 is acceptable) after the electronic lodgement of the relevant dealing. Refer to [25-4010].   3.   foreign individual AND trustee of a foreign trust Yes Complete as normal for a foreign individual using the foreign country of the foreign individual. Corporation 1.  foreign corporation only Yes Complete as normal using the foreign country of incorporation or the percentages and countries of foreign shareholders.   2.  trustee of a foreign trust only Yes Complete as if completing for a foreign corporation but instead of entering the percentages and countries of foreign shareholders, enter the percentages and countries of the foreign beneficiaries of the trust.   3.  foreign corporation AND trustee of a foreign trust Yes Complete as normal for a foreign corporation using the foreign country of incorporation or the percentages and countries of foreign shareholders.     Thanks Jess      ... View more

PEXA is here to support the Queensland network through COVID-19 and in the months beyond. We’re here to help you keep your business moving during this difficult time and foster the best settlement experience possible – whether you’re a new or existing PEXA member. Here’s an update on what we’re currently providing to industry, in support of members. If you have any questions, please leave them below. Half priced PEXA fees – an industry Better Together We’re offering half price PEXA fees for all transfers and priority notices made on QLD properties to help you transition to digital settlements. This initiative is intended to support members as they navigate the operational change involved in making the switch and we hope this goes some way to relieving any pressure – particularly in light of the current climate. A local team of experts ready to support you PEXA is simple to use and one of the key benefits it provides is the flexibility for Queensland lawyers to continue executing settlement for clients from anywhere with internet access. We have a dedicated team of local industry specialists available to offer you virtual support. This includes assistance with joining the platform and your own PEXA expert available to walk you through those first transactions. In addition, our friendly support staff are available on national business days from 7.30am – 7.00pm AEST. They can be contacted by phone on 1300 084 515 or email at support@pexa.com.au. A quick and easy onboarding experience to support the entire network If you’d like to begin transacting on PEXA, you can commence onboarding via the Registration page here. Our teams are working hard to onboard and upskill our new members, to ensure they feel comfortable making the switch to PEXA and to minimise disruption to our existing members. Resources for Queensland users Below you’ll find a list of key Queensland PEXA guides: QLD new starter guide QLD Specific Help Cards How to lodge a Priority Notice in QLD  Simultaneous Settlement navigation Transfer Transaction Guidelines  Help Centre If you have any questions, please leave them below. We hope you, your family and loved ones are keeping safe and well at this time.   Kind regards, Jess ... View more

If you are an OSR Self Assessor you will have recently received an e-Alert in regard to Transfer duty lodgements, Transfers of partial interests and e-conveyancing & witnessing   Summary of the e-Alert is outlined below:   Transfer duty lodgements The Office of State Revenue has made it easier for you to lodge some documents for transfer duty during the coronavirus (COVID-19) pandemic. You can now scan and email documents to the Commissioner to meet your obligations, except where those documents need to be lodged with the Titles Registry (those documents will still need to be lodged by post). For more information, please visit the website.   Transfers of partial interests and e-conveyancing The Office of State Revenue is receiving queries about processing transfers of partial interests in property through PEXA. These transactions cannot be processed through PEXA at this time   Example A and B are on Title as joint tenants.  A is relinquishing their interest to B for consideration of $650,000.   The correct way to enter this transaction in OSRconnect is: Transferor: A Transferee: B Interest acquired: 50% Consideration/Unencumbered value of entire property: $1,300,000   This transaction is currently out of scope for the ELN environment and will not pass Stamp Duty Verification within the ELN service provider’s platform. Incorrect data entry can result in the miscalculation of duty in circumstances where a concession is claimed. It may also mean a self assessor is providing false information to the Commissioner, which is an offence under the Taxation Administration Act 2001.  For more information about entering transactions in OSRconnect, please visit the website   Witnessing We note that the Registrar of Titles has provided guidance on alternative witnessing provisions that can be used to assist in witnessing of documents.  The Commissioner will accept witnessing under the same conditions for OSR forms (other than those in the form of statutory declarations).    ... View more

With state borders now closed due to COVID-19 and social distancing measures being enforced, we recognise that this is a difficult time for industry. As a result of the outbreak, we understand organisations may be looking to protect their staff from mass gatherings of people and close person-to-person interaction, including settlement rooms. Not only is PEXA simple to use, one of the key benefits it provides is the flexibility for Queensland lawyers to continue executing settlement for clients from anywhere with internet access, helping you avoid settlement rooms and other high density areas. Preserve social distancing and flatten the curve with PEXA If you're looking to transition to e-Conveyancing as part of your remote working plan, we have a dedicated team of local industry specialists available to offer you virtual support. This includes assistance with joining the platform and your own PEXA expert available to walk you through those first transactions. You may also wish to consult this new-starter 101 guide, which contains essential PEXA learning material. Support for Queensland practitioners transitioning to digital. As you face these challenges, we want to assure you that we're here to help however we can, and that PEXA stands firmly with you, the broader community and our citizens in delivering a safe, efficient and reliable property settlement experience. Please call (07) 3707 1901 or email practitioner@pexa.com.au if you require further assistance. Kind regards, Jess ... View more

Hi Everyone, To assist in ensuring your OSR Self Assessor Application is progressed as quickly as possible, applicants can provide the following information at the time of making the application by emailing it to selfassessment@treasury.qld.gov.au;    a) the position held (e.g. Director, Principal, etc) by the person making the application on behalf of the applicant; b) confirmation that the person making the application has the authority to make the application on behalf of the applicant; c) confirmation that the person making the application has read and understood the obligations of transfer duty self-assessors (attached); d) details of the systems and processes that the applicant has in place to enable compliance with the lodgement, payment and endorsement obligations of a transfer duty self-assessors (with reference to attached document); e) the types of transactions that the applicant intends to lodge, in the ordinary course of business, with reference to this list of transactions that must be self assessed; f) confirmation as to whether the applicant would like to restrict registration to only those transactions identified in the response to item (e); g) the number of transactions the applicant anticipates lodging per annum. To commence your registration to become an OSR Self Assessor – please visit this link here. Best Wishes,  Jess  ... View more

One of the key benefits to electronic conveyancing is the ability to do it from anywhere. In the current uncertain times, it is important that businesses continue to operate, and technology plays a defining role in this.   Many QLD firms are electing to remove the physicality of settlement and adopting PEXA to ensure their staff are not in areas such as settlement rooms. To support our QLD Members settling via PEXA at short notice please see some helpful information that will assist you navigate the early stages of your experience.   QLD Specific Help Cards How to lodge a Priority Notice in QLD  - link to recording Simultaneous Settlement navigation Transfer Transaction Guidelines (including a pdf for download) For firms who are yet to onboard, please find out how to do so please click here. Please also consider the range of free guarantees PEXA offers as part of your transaction online: Lodgement Gap Cover Residential Sellers Guarantee PEXA Key Secure Communication Guarantee   Ensuring seamless service and minimal disruption to you and your business is paramount.   Best Wishes,  Jess  ... View more

With the expansion of scope that went live on 17th June, QLD practitioners are now able to transact some non-monetary transfers on PEXA.    The link below outlines how to create a non-monetary transfer.    https://community.pexa.com.au/t5/Help-Centre/Transfers-Non-Monetary-QLD-Help-Centre/ba-p/16533 ... View more

Property Law Centre continue to lead the way in Mackay. This morning’s event saw over 40 representatives empowered and educated with knowledge in regards to the digital transformation occurring in property settlements.   The passion of practitioners like Steven Morgan is infectious, and the drive in regional areas to embrace PEXA is reflective of the community mindset held by business owners. With electronic conveyancing being the biggest transformation to hit the 150 year old property industry, it makes sense that all facets of the industry are aware of the changes and benefits to them and their clients.    Big thanks to Steve Morgan and Paul Kelly  for hosting us and continuing to lead the charge. ... View more

The QLS are hosting their annual Introduction to Conveyancing Course on the 2nd and 3rd of April.  This is a great course for any junior staff who are learning about Conveyancing or who have recently taken on a role that incorporates Conveyancing.    We will be there to discuss PEXA and the key benefits to practitioners and their clients - details and registration are on the link below - we look forward to seeing some of your team there!    https://services.qls.com.au/web/eventscalendar/event_display.aspx?EventKey=PR1185   ... View more

The QLS are hosting their annual Introduction to Conveyancing Course on the 2nd and 3rd of April.  This is a great course for any junior staff who are learning about Conveyancing or who have recently taken on a role that incorporates Conveyancing.    We will be there to discuss PEXA and the key benefits to practitioners and their clients - details and registration are on the link below - we look forward to seeing some of your team there!    https://services.qls.com.au/web/eventscalendar/event_display.aspx?EventKey=PR1185   ... View more

One of our PEXA members @Raelene_McD  has shared a great suggestion in regards to the payment of Stamp Duty -    Check out the link here    ... View more

There are still tickets available to our Digital Horizons Innovation conference!    Don’t miss out on this free CPD event!   Join PEXA and a suite of industry experts to discuss what’s on the digital horizon for Queensland!   Get your tickets HERE   We look forward to seeing you next week!    Jess      ... View more

Welcome to the Gold Coast Community page! Community is a great way to engage with your peers within your cohort.  This page has been designed for firms in the Gold Coast who actively wish to transact in PEXA. Please make yourself at home, share your experiences, and utilise your network to increase your knowledge and the amount of PEXA-able files you have in your office!    Congratulations on being the change makers in your community and transforming the property exchange experience. ... View more

The  Titles Registry office in QLD has advised it is currently experiencing delays in regards to processing dealings with overseas witnesses of executions in paper.    Utilising PEXA and the Client Authorisation Form are great solutions   to ensure you have adequate time for dealings -     Read more from the Registry Office below:   https://www.vision6.com.au/em/message/email/view.php?id=1196749&a=43849&k=VmQSDTlcmZvWN6R1BwNIzAkf-o24HyhJXoflyu5_snQ ... View more

  PEXA welcomes and wholeheartedly supports the initiative of Hon Jackie Trad MP and  Treasurer to expand the scope of e-Conveyancing in QLD. The proposed Bill can be found here.  With the government framework expanding to support and further facilitate e-Conveyancing it is an exciting time as QLD transforms to digital. ... View more

Thursday 19th July, Mackay held PEXA’s very first practitioner Best Practice Group in Queensland. Six local firms, represented by 15 attendees, united to discuss how they could interact better together through PEXA. The event, created to bring the conveyancing community together as they continue on their digital journey, was chaired by local e-Conveyancing veteran, Steve Morgan from Kelly Legal. Mackay, one of 11 Queensland towns, is home to over 57,000 people, and one of the more affordable property markets in the Sunshine State. This market is also expected to have a busier second half of 2018 and early 2019. It’s no surprise then that Mackay is ahead in the race to 100% digital conveyancing in Queensland. The Mackay and the Airlie Beach regions are leading the way as PEXA’s most transacted regional area in Queensland – and the Best Practice Group revealed some of its secrets. These are firms who use differentiation as a strategy. Firms who have adopted digitisation in all other aspects of their business and see that this is the way of the future, where collaboration opens the door to increased productivity and efficiency. “ We have only done a few transfers on PEXA, but we love it – we want to do more” said Danette from Beckey Knight & Elliot. The frustration lies in the fact that a dual process still exists. Operating two processes takes up valuable time that could be spent elsewhere. These firms want their peers to come on board and use the platform more. We all know community is at the heart of most of us, and to see a group of lawyers, who some may say are “competitors” work together to transition to digital is heart-warming. By working together, they are creating a new community. Mackay has been embattled for a long time. The region took a hit with the Global Financial Crisis and mining crash, and to say these practitioners are resilient is an understatement. Things are on the way up for Mackay and at the forefront of change are Kelly Legal, Beckey Knight & Elliot, Barron & Allen, Taylors Solicitors, Macrosson & Amiet, PD Law, Wallace & Wallace and Whitsundays Law. With the tide turning and house prices finally on the rise, and sales numbers increasing, these forward-thinking practitioners want to pass on the benefits to their clients that PEXA offers as soon as possible. ... View more

As of 26 March, the Mackay Titles Registry lodgement business hours are now reduced*, with the new availability being: Monday to Friday 10:00am – 12:00pm and 1:00pm – 3:00pm on regular business days.   With physical lodgements only being accepted four hours each day, the Registry Office has encouraged the industry to consider adopting e-Conveyancing. Caveats are widely used in conveyancing, but their use is more extensive than that, and just about every facet of law may lean on their protection at some point – be it family law, litigation, asset protection etc.    Utilising PEXA to complete Caveats helps you and your clients avoid the inconveniences of the cuts to registry opening hours. The benefits of working electronically include: Removing the barrier of time restraints (no physical attendance at the Titles Registry is required) ensuring efficient registration; and Maintaining the integrity of the document** and ensuring the client’s interest is protected imminently.   Withdrawing a Caveat on PEXA is simple, ensuring the process for Lawyers who specialise in realms outside of conveyancing are not disadvantaged by the arduous nature of the manual system. *Please refer to Titles Registry Alert 139 for more detailed information about the updated hours. **For all documents in PEXA scope click here.     ... View more