About GeorgePolus

Hi Rachael,   From the perspective of how PEXA functions, which is in accordance with rules set by each jurisdictional Registrar, an 'onsale' will function in the same manner as it had previously when a paper title with CAC may (or may not) have been in place, with the exception that CoRD Consent is no longer required in NSW.  As for the GST Withholding Form 1, the requirement to lodge will be per the requirements set by the ATO.    Rgds George  ... View more

Hi Lisa   It is difficult for me to understand from your note what you are referring to.   I will be pleased to assist, but I need some detail please.  You can contact me directly using @GeorgePolus .   Please note however that I will be away returning Nov 9.  If you require assistance more urgently,  it may be of greater benefit for you to call the PEXA support team.    Regards George ... View more

Hi Christa,   Lets assume the transaction is A -->  A+B.   You will have created and established representation of Party B as the IP Party.    Party A will have been created by PEXA from land title data and you will have established representation of Party A .   The Transfer Doc will ask:   'Is a PoT Party remaining on title?'   Respond:  Yes   Next:  Select Party A as Transferor   Next:  In the Transferee section select the tenancy required - e.g JT   Then select Party A (Proprietor on Title) as one of the tenants receiving and select Party B as the other tenant receiving.    Rgds George ... View more

Hi Christa   When dealing with any Party who is represented as both a relinquishing AND a receiving Party, it is important that you use the feature in PEXA where a PoT Party may be 'brought forward' in the Transfer as the Party receiving.    This is important for two reasons.   1.  Duty.   PEXA is required to send transfer related data to Revenue NSW.  Unlike NSW LRS, which as a Land Registry is interested only in the tenancy of the receiving parties for registration on title, Revenue NSW is interested in the share fraction received.   For example, in the transaction you have mentioned A+B --> B  (where A and B are represented by different firms). If you create B as an IP Party, Revenue NSW cannot assume Party B receiving is the same party a B relinquishing.  Revenue NSW must assume it is a different Party an the share fraction received by B is 1. If, on the other hand, you 'bring forward' Party B relinquishing as also Party B receiving (and assuming B holds 1/2) then Revenue NSW are able to conclude that B received 1/2 BECAUSE the same Party record was referenced for B relinquishing as B receiving and 1 - 1/2 = 1/2. 2.  The same logic applies to PEXA billing.   If the same Party is used as both Party relinquishing and Party receiving then PEXA 'knows' to bill only once.  Please contact me @GeorgePolus  if you need more info    Rgds Geroge   ... View more

Hi Lorraine   Yes it is possible to compete a spousal transfer in NSW  A --> (A+B) To do so, Party A need only be represented as PoT and Party B as IP.  Party A is 'carried forward' in the TFR as a receiving party.   In this way, Revenue NSW can 'see' that Party A relinquishing and Party A receiving are the 'same' Party.     In NSW, the Land Registry allows only the following entries in Consideration Type:   With Monetary Consideration   Without Monetary Consideration And As Regards A Deed Of Partition   Without Monetary Consideration And As Regards A Deed Of Assignment   Without Monetary Consideration And As Regards A Court Order   Without Monetary Consideration And As Regards An Intergenerational Assignment   Without Monetary Consideration And A Change In Manner Of Holding   You will need to select the Consideration Type that best suits the circumstances of your clients transaction.    Regards, George   ... View more

Hi Prue,   Today, Aug 31, a NSW Variation of lease may only be delivered electronically via PEXA using the COVID-19 BCP dealing type, meaning that a scanned image of the Variation of Lease dealing must be attached and submitted to NSW LRS.   To find this dealing, ensure you are acting in the role, 'To deal with an Interest' then on the Doc Creation screen select 'Other'.  On the Document Type selection drop down enter at least three characters, 'Var' for example.  All the Doc Types matching this criterion will list.  Then select the doc type you need to create.    This coming weekend, PEXA and NSW LRS will enable a fully electronic Variation of Lease.   This will be live on Monday Sept 7.   The process will be the same, however you will no longer need to scan and upload an imaged document.    Please let me @George know if you have more questions.   Regards, George ... View more

Hi Jayd,   I am guessing when you say CA's you are referring to Crown Allotments.   LUV have only enabled one dealing type for Part of Land at present and that is Mortgage of part of land - either by specified Lot Number on a given plan or by description.   This capability is yet to be enabled by LUV for other electronic dealings, such as Transfer.   Consequently, if you are transferring only 3 of the four lots on given Crown Allotment, then you will be required to lodge an imaged paper dealing.   LUV do plan to enable part of land for all dealing types and are targeting this capability for 2021.    Rgds George ... View more

Hi Pauline,   This is a question for NSW LRS.  I am sorry, I cannot speak for NSW LRS.    You can reach them at  eConveyancingNSW@nswlrs.com.au    Rgds George ... View more

Hi Paula,   Regulatory / Legal constraints currently preclude electronic lodgement of WAL's.      For all electronic lodgements, lodgement fees are calculated by the jurisdictional land registry and returned to PEXA in the Lodgement Verification status advice.  (In PEXA you will see the results of Lodgement Verification on the Document List screen and Fees in the Fee Schedule screen)   The same will apply to WAL's when electronic lodgement of WAL's is permitted.    Rgds George       ... View more

Hi Nicole   Apologies for the late response.   I returned to work only yesterday and am catching up on messages.   You are not alone in your confusion on this topic.  The confusion has resulted from evolving rules and the need, in the digital world, to bring the Land Registry and OSR into alignment.   In the digital world, these two entities must work from the same (PEXA) data.  I know it sounds odd, and NSW is not alone in this regard, but Land Registries and Revenue offices look at the same data in different ways.    The Land Registry is concerned only with the resultant proprietorship on title, while the OSR is concerned only with any incremental (dutialble) share that a Party is receiving.  It has taken some time to work through how the same data captured via electronic conveyancing may be consumed and used by these two disparate organisations each with differing requirements.    I will seek to explain below.   Please come back to me if you have more questions.     From Monday Feb 8, it will be allowable in NSW to sever a Joint tenancy, provided all parties in the Joint tenancy group are represented.   Up until Feb 8, severance of Joint tenancy groups in NSW is not permitted,   Hence from Feb 8, if  you have, for example, A and B as Joint Tenants transferring to A,    (A+B) --> A     then, this will be permitted in PEXA provided both A and B are represented. (A and B may be represented by the same or different transaction Participants (subscribers)).   From Feb 8, PEXA will allow, in the example above, Party A, as PoT, to be carried forward as IP.   Doing so will enable NSW OSR will recognise that because Party A relinquishing is the same Party as A receiving, that the dutiable portion for Party A will be 1/2 and not 1.  Further, the representative of Party A will be billed only once for Party A as PoT and not once for Party A as PoT and again for Party A as IP.      Please do let me know if you have more questions.    Rgds George     ... View more

Hi Sonia   I am afraid the question you ask is of a legal nature.  I am unable to off a response.     I recommend you contact the NSW Office of the Registrar General who will be best positioned to respond.      Regards George ... View more

Hi Ron   In VIC, the Document Type VARY - MORTGAGE Transfer of Land Act Section 75A is now available as part of Residual Documents.    In the Doc List screen select 'Other Documents' and in the search box type VARY - you will then see the list of available Doc Types - scroll to find the one mentioned above.    Please let me @GeorgePolus know if you have more questions.  Regards, George     ... View more

Hi Nicole,   The road map, by jurisdiction, does move around in accordance with jurisdictional priorities.   NSW LRS have moved Variation and Surrender of Lease to 2020 I am afraid.    Rgds George  ... View more