Queensland mandates electronic conveyancing
Brad Marland
Director - Property at Velocity Legal and Co-Chair (Non-Indigenous) of Reconciliation Queensland
On 9 September 2022, the Queensland Government, published the Land Title Regulation 2022 (Qld). The Regulation commences from 20 February 2023.
The Regulation introduces requirements to use an Electronic Lodgement Network (Network) - such as PEXA or Sympil - for some common conveyancing transactions. The affected dealing types are transfers, mortgages, caveats, priority notices and applications to be registered as the personal representative, of a deceased registered landowner.
The Regulation contains some exemptions to the electronic requirements. If the Network cannot process the instrument, or if there are circumstances beyond a person's control, preventing them from using a Network, then the instrument can be lodged physically. Some examples might be where a person's name is incompatible with a Network's formatting requirements, or if internet connection or a Network is unavailable for the entire day.
Although self-represented parties are exempted from the requirement, if all of the parties to a transaction are represented by lawyers, then the Networks must be used to lodge an affected dealing.
The Regulations mark Queensland's steps towards joining the widespread compulsory electronic conveyancing systems adopted in each of the other mainland Australian States. Other common transactions, such as the registration of a lease or easement, remain outside of the mandatory scheme for now.