Electronic conveyancing is now the standard settlement process in Western Australia, replacing the time-consuming paper-based settlement process that has been in use for more than a century.
The following transactions can be lodged electronically:
- Transfers (mandated)
- Caveats (mandated)
- Withdrawal of Caveats (mandated)
- Mortgages (mandated)
- Discharge of Mortgages (mandated)
- Change of Name
- Survivorship applications
Paper lodgement will not be accepted for mandated documents unless the instrument(s) cannot be lodged using an electronic lodgement network and a completed Request to accept paper lodgement form is attached. Reasons are to be clearly set out in the Request to accept paper lodgement form.
The current focus of ELNO’s and Land Registries nationally to implement an interoperable and competitive electronic conveyancing market has caused some delays to Landgate’s development roadmap. Electronic lodgement of transmission applications and residual documents is now expected to be deployed late 2021 to early 2022.
Landgate has been working with RevenueWA and the ELNOs to develop an e-conveyancing hub which will result in duty information being passed from RevenueWA to the ELNOs via Landgate’s systems. This will enable increased transfer scope for e-conveyancing. Development work is expected to be finalised and deployed by Landgate in May/June 2021. Current ELNO go live target date is August 2021. When a go-live date is confirmed, industry will be provided with further information via a customer information bulletin. You can subscribe to Landgate’s customer service bulletins on the customer service bulletin page.
Interoperability links electronic lodgement network operators (ELNOs) to enable users (conveyancer, lawyer or financial institution) to be a subscriber to one ELNO and transact with a user of another ELNO, without having to subscribe to both.
Following consultation and industry support, the principle of requiring interoperability between electronic lodgement network operators (ELNOs) in the Electronic Conveyancing National Law (ECNL) was unanimously supported by all states and territories in September 2020.
New South Wales, Queensland, South Australia and Western Australia agreed to develop the technical (IT) and regulatory regime with the aim to have the interoperability solution live by the end of 2021.
An ARNECC working group will lead national consultation on the regulatory principles for changes to ECNL and Model Operating Rules (MOR). A national interoperability industry panel has been created to facilitate collaboration between industry and state and territory Governments.
Further information about the ECNL changes and consultation process will be published on the ARNECC website as it becomes available.
CIB 346 : Competitive market structure in the eConveyancing market provides further details.