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
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.
Landgate continues to work together with the electronic lodgement network operators (ELNOs) and RevenueWA to increase the capability and document scope of the electronic lodgement networks in Western Australia. The current roadmap for electronic lodgement is as follows:
- 9 Nov 2020 – Survivorship application available
- February 2021* – Residual documents first release
- May/June 2021* – Transmission application available
(*indicative time frame only, timing of releases can be subject to change)
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.