About Morvanna

Situation example: Solicitor unavailable for final sign-off of docs at scheduled settlement time of 12pm. Solicitor won’t be available to sign until 2pm. Settlement rescheduled by practitioner to 2pm.   What happens if you manually change the settlement time? : ALL parties must re-accept the amended settlement, meaning that your workspace is at risk of not being ready to settle if not accepted by all parties by the settlement time.   Note: For linked settlements, the acceptance of the proposed settlement date and time is a pre-requisite . If one workspace is not ready due to the date or time not being accepted, all workspaces in the linked chain will not proceed to settlement.   Solution: Allow the system to automatically roll your settlement time slot by 30 min.  By doing this, acceptance of the new settlement time will NOT be required. Meaning you are more likely to settle on your preferred date. If other parties in the workspace need to be made aware, a conversation can be sent.   What happens if you manually change the settlement date? All participants in the workspace will be required to manually accept the new settlement date and time and the Financial Settlement Schedule will also be unsigned for all participants in the workspace.   ... View more

NOTE: Given that the transfer of the whole title from A and B to B is currently allowed by DNRME but cannot be facilitated by OSRconnect, it would be appropriate to advise self assessors/PEXA subscribers that scenarios such as the one below, cannot be handled in the ELN environment at this time.    Only duty exempt fractional transfers can be processed in PEXA in QLD:   Some related party transfers are in scope for QLD, however we strongly urge you to speak to your PDS prior to commencing a related party transfer. A fractional interest of related parties that may be subject to transfer duty cannot be processed. A fractional interest transfer (e.g. A & B on title, A wants to transfer their interest to B), that is exempt from duty under eligible exemption rulings can be completed on PEXA.   ... View more

Tip of the Month   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.  This is a great resource to bookmark for future reference.   100 Settlement Milestones!   Last month three of our QLD firms, Swift Legal (Maryborough), PD Law (Airlie Beach) & Hickey Lawyers (Gold Coast) celebrated the completion of 100 PEXA settlements.  Congratulations to these firms.  We were so pleased that we could celebrate these momentous milestones with you.  You are all amazing!                             ... View more

As of May 2018, Transfers which record a transferee as trustee are able to be transacted through eConveyancing. To enable this to occur a new practice with regards to trustee documentation was implemented – a certified copy of the trust deed is no longer required and instead only details of the trust are required. For consistency in paper, in May 2018 the Titles Registry introduced a new Trust Details Form (in a Form 20 – Schedule), which can be used as an alternative to lodging the full trust deed. The new form can be used when a Form 1 Transfer is lodged which records a Transferee as Trustee in Item 5.   When transacting in PEXA, the details required for this form will be input by the Incoming Proprietor when creating the Transfer and the form will appear as a second page when viewing the rendered Transfer. For further details of the fields required please see Transferees as Trustees in a Transfer (QLD).   If an Incoming Mortgagee is involved, the details input in the Transfer showing the Transferee/Incoming Proprietor as trustee, will flow through on creation of the mortgage and list the Transferee/Mortgagor’s capacity as ‘Trustee'.   If you have any queries or concerns, please speak to your Practitioner Specialist. ... View more

During the stamping process for QLD, you are required to select an option for how the duty and unpaid tax interest (if applicable) will be paid. There is often confusion around which option to select as these options do not appear when stamping paper instruments.  When you commence stamping in PEXA, you will be presented with three options. For the purpose of clarity, we have broken down the meaning of each as follows;   Option 1 - Paid to the Commissioner of State Revenue before electronic lodgement settlement This duty option is selected when duty is payable to the OSR prior to the due date for settlement. Payment then needs to be submitted to OSR by the due date. Once OSR have confirmed payment is received, duty can then be successfully verified in the Transfer Duty screen of the workspace.   Option 2 - Received by the self-assessor before electronic settlement. (Payment should be made to the Commissioner within 14 days after the transaction is lodged.)                Select this option if you have received payment, or will receive payment at settlement for the Transfer Duty into Trust or by Bank Cheque.   Option 3 - Paid as part of an electronic lodgement settlement. (This option is only available for relevant transfer agreements.) Select this option if the bank is advancing all funds at settlement and you require the Transfer Duty to be paid into your Trust Account for you to disburse after settlement.   This article provides further information on the relevant sections of the Duties Act 2001 around payment obligations with electronic stamping. For general queries regarding stamping ELN Transactions please refer to OSR's E-conveyancing Toolkit. ... View more

Update of the Month Witnessing requirements for Titles Registry Instruments have commenced from 30 September 2019 Community Post - Queensland Titles Office announce new changes to witnessing requirements Queensland's first PEXA Open Day! PEXA was delighted to host the first member Open Day in Queensland, opening the doors to our Brisbane office on 19 September. It was a great opportunity for us to introduce you to the wonderful people committed to ensuring you have the most seamless and secure possible experience using PEXA, as well as showcasing what we have planned for the future of the network in the state.       We always love hearing your feedback and after speaking to members in attendance, popular elements of the event included the presentation on the security portfolio of the network, PEXA Key, and the evolving Exchange platform. It was also fantastic to see attendees engage in our panel discussions, which covered the topic of change management. Thank you to all of those who attended – the travel undertaken by some to join us on the day was significant and we appreciate you taking the time to join us. We’re really looking forward to welcoming more members in future Open Days to share in this experience and if you have any questions please ask away below. ... View more

There have recently been quite a few Members querying if settlement is to occur via PEXA, does the Power of Attorney (POA) still need to be registered with Titles or is the Verification of Identity (VOI) on the Attorney and a copy of the POA sufficient?    The Participation Rules outline that the following requirements: take reasonable steps to verify the authority of an attorney (Client Agent) to bind a seller (Client) to any Client Authorisation and to the Conveyancing Transaction(s) the subject of the Client Authorisation (Participation Rule 6.3.1(d)); take reasonable steps to verify the identity of an attorney (Client Agent) signing a client authorisation on behalf of a seller (Client) (Participation Rule 6.5.1(a)); and retain supporting evidence including for the above steps (Participation Rule 6.6). In some instances, the power of attorney may not be required to be registered – for specific advice please refer to the Land Registry.   Refer to the MPR Guidance Note #1 – Client Authorisation &  ARNECC MPR Guidance Notes. for further information. ... View more

Vandeleur & Todd Solicitors, Innisfail and Murray & Lyons Solicitors, Cairns joined forces on Tuesday to do their first electronic settlement with PEXA.  Both firms were established over a century ago and have a long tradition as respected providers of legal services in Far North QLD.  Their progression into a more paperless electronic environment is testament to their continued dedication to provide the very best service to their clients.   Vandeleur & Todd Solicitors were founded in the early 1900’s.  Whilst they practice in all areas of law they have a long history dating back to the 1930’s with the sugar industry and related property settlements.   As the second oldest firm in Cairns (established in 1899) Murray & Lyons Solicitors have been servicing the region since before the 20 th century and have been immersed in the legal and social life of the Cairns district since that time.   With e-conveyancing transforming the property industry in QLD and across Australia it is fantastic to see two firms with such a rich history embracing this change.             ... View more

Well done to @ErinChambers at Statewide Conveyancing and @KeshaSullivan at McKays Solicitors in Mackay for successfully completing the Train the Trainer program.  You should be extremely proud of your in depth knowledge of the platform and around compliance. Your team will definitely reap the rewards from all your hard work and planning.     ... View more

Kathryn Smith of WGC Lawyers, Cairns took PEXA for a ride over the weekend.  Outback advertising at its finest!   ... View more

A massive shout out to Kelly Legal (Property Law Centre) for becoming the first firm in Mackay to become PEXA Certified.  As respected property solicitors who operate throughout the whole of QLD they have led the way with their early adoption of e-conveyancing.  They have been instrumental in encouraging and supporting their peers through the PEXA journey and really epitomise the sense of community that is reflective in the Mackay region.   ... View more

When creating a Priority Notice in a Transfer workspace the system automatically pulls across the Incoming Mortgagees details from the Participants.   Those details may not always be correct.   For example if St George is the Incoming Mortgagee this will pull into the Priority Notice but “Westpac Banking Corporation” is actually the Incoming Mortgagee that needs to be noted and you would therefore need to update prior to saving the document and lodging.    To assist you with this we have installed a WalkMe pop up when you add in the Incoming Mortgagee which reminds you to check the Incoming Mortgagee’s details are correct. ... View more